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 FOR 
 
 EDUCATION COMMITTEES 
 
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 BODIES OF MANAGERS. 
 
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 Books, together with other Forms, &c., required under the Elementary 
 Education Acts. 
 
 LONDON: 
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 THE 
 
 EDUCATION ACTS, 
 
 18701902, 
 
 AND OTHER ACTS RELATING 
 TO EDUCATION. 
 
 WITH SUMMARY OF THE STATUTORY 
 PROVISIONS AND NOTES. 
 
 15Y 
 
 SIR HUGH OWEN, G.C.B., 
 
 OF THE MIDDLE TEMPLE, FARRISTER-AT-LAW : 
 AUTHOR OF THE 
 
 " MUNICIPAL CORPORATIONS ACT," " BALLOT ACT MANUAL," ETC. 
 
 AND AN APPENDIX, 
 
 CONTAINING THE SCHOOL SITES ACTS AND ACTS RELATING TO EDUCATION 
 OF CHILDREN, RULES AND REGULATIONS OF THE BOARD OF EDUCA- 
 TION AND MEMORANDA ISSUED BY THE BOARD ON THE ACT 
 OP 1902, RULES AND REGULATIONS OF THE LOCAL 
 GOVERNMENT BOARD, ORDERS IN COUNCIL, ETC. 
 
 TWENTIETH EDITION. 
 
 LONDON: 
 KNIGHT & CO., 
 
 LA BELLE SAUVAGE, LUDGATE HILL, E.G. 
 1903.
 
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 WILLIAM CLOWES AND SONS, LIMITED, 
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 Library. 
 
 IB 
 
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 /<?<? 
 
 PREFACE. 
 
 As the Education Act of 1902 contains the provisions 
 with regard to the authorities on whom will devolve the 
 local administration of the Education Acts, it takes the 
 first place amongst the Acts included in this volume. 
 The Elementary Education Acts and certain other Acts 
 relating to education appear in the order of date. 
 
 The Elementary Education Acts are given with the 
 omission of those provisions which, except in the case of 
 London, are repealed from the " appointed day " under 
 sec. 27 of the Act of 1902. The modifications under that 
 Act are shown either in the Sections or in the Notes on 
 the Sections. The Notes have been revised and brought 
 up to date. 
 
 The Statutes included under the title of the Education 
 Acts are now so numerous that it has been deemed 
 desirable to include in the volume a summary of the 
 enactments, arranged under a series of headings, which 
 will facilitate a ready reference to the provisions on any 
 particular subject. 
 
 I have to acknowledge my indebtedness to Mr. Charles 
 Knight, B.A., who, in addition to other aid, has carried 
 the volume through the press and prepared the index. 
 
 HUGH OWEN. 
 
 i, PUMP COURT, TEMPLE, 
 March, 1903.
 
 CONTENTS. 
 
 SUMMARY OF PROVISIONS OF EDUCATION ACT, 1902, 
 THE ELEMENTARY EDUCATION ACTS, &c. 
 
 PAGE 
 
 THE EDUCATION ACT, 1902. 
 
 Extent and Commencement of Act i 
 
 THE CENTRAL AUTHORITY FOR EDUCATION. 
 
 Constitution of the Board of Education . 3 
 Consultative Committee 3 
 
 LOCAL EDUCATION AUTHORITIES. 
 
 Establishment of Local Education Authorities . . 4 
 
 Disqualification of Members 5 
 
 Education Committees 
 
 Establishment of Education Committees ... 5 
 
 Delegation of Powers to Education Committee . . 6 
 Provisions of Schemes for Establishment of Education 
 
 Committees 6 
 
 Approval of Scheme by Board of Education ... 7 
 Scheme to be made by Board of Education on Default 
 
 of Local Authority 8 
 
 Disqualification of Persons as Members of Education 
 
 Committee 8 
 
 Qualification of Women 9 
 
 Meetings, Proceedings, &c., of Education Committees . 9 
 
 HIGHER EDUCATION. 
 
 Powers and Ditties of Local Education Aiithorities . .10 
 Arrangements between Councils . . . . .11 
 Powers of Councils of Boroughs or Urban Districts when 
 
 not Local Education Authorities n 
 
 Expenses of Higher Education . . . . . .12 
 
 Borrowing for Purposes of Higher Education . . .14 
 Religious Instruction in Schools, Colleges, or Hostels . .14 
 Inspection of Secondary Schools 15
 
 vin CONTENTS. 
 
 PAGE 
 
 ELEMENTARY EDUCATION. 
 
 Powers and Duties of Local Education Authorities . .16 
 Appointment of Officers by Local Education Authority . 16 
 Provision by Local Education Authorities of Public School 
 Accommodation 
 
 Definition of Public Elementary Schools . . . 17 
 Schools to be treated as provided by Local Education 
 
 Authorities 19 
 
 Provision by Local Education Authorities of Public 
 
 School Accommodation 20 
 
 Provision of New Schools 20 
 
 Maintenance of Schools provided by Local Education 
 
 Authorities 21 
 
 Combination of Local Education Authorities . . .22 
 Default of Local Education Authority in providing 
 
 Necessary Public School Accommodation . . .22 
 Acquisition of Land as Sites of Schoolhouses . . .22 
 Transfer of Schools by Managers to Local Education 
 
 Authority 23 
 
 Management of Public Elementary Schools provided by Local 
 
 Education Authorities 24 
 
 Managers of Schools 24 
 
 Meetings, Proceedings, &c., of Managers . . -25 
 
 Religious Instruction in Schools 27 
 
 Discontinuance of Schools 27 
 
 School Fees of Children 28 
 
 Powers, &c., of Local Education Authorities as to Schools 
 not provided by them 
 
 Maintenance of Schools, Appointment and Dismissal of 
 Teachers ......... 29 
 
 Assistant Teachers and Pupil Teachers . . . .31 
 
 Religious Instruction in School 31 
 
 Decision of Board of Education in Case of Dispute . 32 
 
 Condition of Parliamentary Grant 32 
 
 Management of Schools not provided by Local Education 
 A uthorities 
 
 Managers of Schools 33 
 
 Trust Deeds as to Appointment of Managers . . .34 
 
 Powers of Management 35 
 
 Meetings, &c., of Managers 36 
 
 School Fees 36 
 
 Apportionment of School Fees 36 
 
 Purchase of Land, &c., by Managers . . . .36 
 Powers of Managers as to Trust Deeds, Transfer, or 
 
 Re-transfer of Schools 37 
 
 Duty of Managers as to Returns 37 
 
 Exemption of Schools from Rates 38
 
 CONTENTS. ix 
 
 ELEMENTARY EDUCATION continued. 
 
 I'AGK 
 
 Maintenance by Local Education Authority of Schools 
 
 attached to Institutions . . . . . . 38 
 Educational Endowments, &C. 
 
 Gifts for Educational Purposes, and Schemes as to 
 
 Schools and Educational Endowments . . -39 
 Returns and Reports by Local Edtication Atithorities . .41 
 
 Certified Industrial Schools 42 
 
 Education of Blind and Deaf Children, and Defective and 
 Epileptic Children 
 
 Blind and Deaf Children 44 
 
 Defective and Epileptic Children 47 
 
 Attendance of Children at School, and Restrictions on Em- 
 ployment of Children 
 
 Bye-laws as to School Attendance 51 
 
 School Attendance Orders 56 
 
 Restrictions on Employment of Children . . -58 
 Attendance of Children at School a Condition of Outdoor 
 
 Relief 60 
 
 Returns to Local Authorities of Births and Deaths . 61 
 Parliamentary Grants ........ 62 
 
 Aid Grant 63 
 
 Special Grants to Schools 64 
 
 Fee Grants 65 
 
 Expenses of Local Education Authority . . . .66 
 
 Borrowing Powers ......... 68 
 
 Default of Duty of Local Education Authority . . .69 
 Superannuation, &*c., of School Teachers . . . .69 
 
 GENERAL PROVISIONS. 
 
 Conferences of Local Education Authorities . . . 71 
 Inquiries of Board of Education . . . . -72 
 Inquiries by Local Government Board . . . -73 
 
 Modification of Acts 73 
 
 Effect of References in certain Acts, &c., to Technical 
 
 Instruction Acts, 1889 and 1891 74 
 
 Miscellaneous Provisions 
 
 Provision of Vehicles, &c., for Teachers and Children . 74 
 Notices, &c 75 
 
 POWERS AND DUTIES OF BOARDS OF GUARDIANS. 
 
 Contributions by Guardians to Expenses of Public 
 
 Elementary Schools 75 
 
 Payment of School Fees by Guardians . . . .76 
 
 TRANSITORY PROVISIONS. 
 
 Transfer of Properties, &c., of School Boards and School 
 Attendance Committees 77
 
 x CONTENTS. 
 
 TRANSITORY PROVISIONS continued. 
 
 PAGE 
 
 Transfer of Officers, Compensation for Loss of Office or 
 Emoluments, and Provisions as to Superannuation in 
 Case of Officers transferred 78 
 
 Parliamentary Grants .79 
 
 THE EDUCATION ACT, 1902 (2 EDW. 7, c. 42) . . . 81 
 
 THE ELEMENTARY EDUCATION ACT, 1870 (33 & 34 
 VICT., c. 75) 201 
 
 THE ELEMENTARY EDUCATION ACT, 1873 (3& & 37 
 VICT., c. 86) . . . . .. " 298 
 
 WENLOCK ELEMENTARY EDUCATION ACT, 1874 (37 
 & 38 VICT., c. 39) 308 
 
 THE ELEMENTARY EDUCATION ACT, 1876 (39 & 40 
 VICT., c. 79) . . . . . 309 
 
 THE ELEMENTARY EDUCATION (INDUSTRIAL 
 SCHOOLS) ACT, 1879 (42 & 43 VICT., c. 48) . . .358 
 
 THE ELEMENTARY EDUCATION ACT, 1880 (43 & 44 
 VICT., c. 23) 363 
 
 THE SCHOOL BOARDS ACT, 1885 (48 & 49 VICT., c. 38) . 367 
 
 THE EDUCATION CODE (1890) ACT, 1890 (53 & 54 VICT., 
 c. 22) 372 
 
 THE ELEMENTARY EDUCATION ACT, 1891 (54 & 55 
 VICT., c. 56) . ... . 374 
 
 THE ELEMENTARY EDUCATION (BLIND AND DEAF 
 CHILDREN) ACT, 1893 '(56 & 57 VICT., c. 42) . . . . 386 
 
 THE ELEMENTARY EDUCATION (SCHOOL ATTEND- 
 ANCE) ACT, 1893 (56 & 57 VICT., c. 51) . . . , , 400 
 
 THE VOLUNTARY SCHOOLS ACT, 1897 (60 Yicx., C. 5) . 402 
 
 THE SCHOOL BOARD CONFERENCE ACT, 1897 (60 & 61 
 VICT., c. 33) . .. "... , ./ . . . . . . 405 
 
 THE ELEMENTARY SCHOOL TEACHERS (SUPER- 
 ANNUATION) ACT, 1898 (61 & 62 VICT., c. 57) . . . 407 
 
 THE ELEMENTARY EDUCATION (SCHOOL ATTEND- 
 ANCE) ACT (1893) AMENDMENT ACT, 1899 (62 & 63 
 VICT., c. 13) * . 430 
 
 ELEMENTARY EDUCATION (DEFECTIVE AND 
 EPILEPTIC CHILDREN) ACT, 1899 (62 & 63 VICT., c. 32) 433 
 
 THE BOARD OF EDUCATION ACT, 1899 (62 & 63 VICT., 
 c. 33) 445 
 
 THE ELEMENTARY EDUCATION ACT, 1900 (63 & 64 
 VICT., c. 53) 458 
 
 THE EDUCATION ACT, 1901 (i EDW. 7, c. u) . . . 465 
 
 THE EDUCATION ACT, 1901 (RENEWAL) ACT, 1902 
 (2 EDW. 7, c. 19) 469
 
 CONTENTS. XI 
 
 APPENDIX. 
 
 SCHOOL SITES ACTS. 
 
 PAGE 
 
 The School Sites Act, 1841 47* 
 
 The School Sites Act, 1844 482 
 
 The School Sites Act, 1849 485 
 
 The School Sites Act, 1851 489 
 
 PROVISIONS IN ACTS AS TO BORROWING BY COUNCILS OF 
 COUNTIES, BOROUGHS, AND URBAN DISTRICTS. 
 
 The Local Government Act, 1888 491 
 
 The Public Health Act, 1875 494 
 
 PROVISIONS IN ACTS RELATING TO EDUCATION, &c., OF 
 CHILDREN. 
 
 Factory and Workshop Act, 1901 ...... 500 
 
 Coal Mines Regulation Act, 1887 509 
 
 Canal Boats Acts, 1877, 1884 512 
 
 Prevention of Cruelty to Children Act, 1894 . . . -515 
 Youthful Offenders Act, 1901 518 
 
 TECHNICAL INSTRUCTION. 
 
 Schools for Science and Art Act, 1891 523 
 
 Technical and Industrial Institutions Act, 1892 .... 525 
 
 ANNUITY TABLES. 
 
 Annuity Tables for Purposes of Elementary School Teachers 
 Superannuation Act, 1898 529 
 
 BYE-LAWS. 
 Form of Bye-laws issued by Board of Education . . . -533 
 
 MEMORANDUM OF MEDICAL OFFICER OF LOCAL GOVERNMENT 
 BOARD as to closing of Public Elementary Schools or 
 Exclusion therefrom of Particular Children in order to prevent 
 spread of Disease 537 
 
 RULES AND REGULATIONS UNDER EDUCATION ACTS. 
 
 CERTIFIED EFFICIENT SCHOOLS. Rules of Board of Education 545 
 CERTIFICATES OF AGE, PROFICIENCY, AND SCHOOL ATTEND- 
 ANCE. Revised Regulations of Board of Education . . 548 
 SCHOOLS FOR BLIND AND DEAF CHILDREN. Rules of Board 
 of Education as to Buildings 60
 
 xil CONTENTS. 
 
 PAGE 
 
 BOARDING-OUT OF BLIND AND DEAF CHILDREN. Regulations 
 
 of Board of Education 562 
 
 DEFECTIVE AND EPILEPTIC CHILDREN. Regulations of Board 
 
 of Education as to Grants and Conditions to be fulfilled by 
 
 Certified Schools for these Classes of Children . . . 571 
 BOARDING-OUT DEFECTIVE CHILDREN. Rules of Board of 
 
 Education 579 
 
 CERTIFICATES OF BIRTH. Order of Local Government Board . 581 
 PAYMENT OF SCHOOL FEES OF NON-PAUPER CHILDREN. 
 
 Order of Local Government Board 583 
 
 SCHOOL ATTENDANCE IN WORKHOUSE SCHOOLS. Order of 
 
 Local Government Board ........ 592 
 
 REGISTER OF ATTENDANCE FOR WORKHOUSE SCHOOLS. 
 
 Order of Local Government Board ...... 594 
 
 APPLICATIONS FOR CERTIFICATES FOR, AND RULES OF, DAY 
 
 INDUSTRIAL SCHOOLS, Instructions of Secretary of State . 598 
 CERTIFIED DAY INDUSTRIAL SCHOOLS. Orders in Council 602,626 
 PARLIAMENTARY GRANT TO CERTIFIED DAY INDUSTRIAL 
 
 SCHOOLS. Recommendations of Secretary of State . . 628 
 INDUSTRIAL SCHOOLS. TREASURY ALLOWANCES . . . 633 
 
 DAY SCHOOL CODE (1902) OF BOARD OF EDUCATION. 
 
 School Attendances 634 
 
 Certificates of Proficiency 635 
 
 General Conditions of Annual Grants ...... 636 
 
 Pensions to Teachers 646 
 
 Standards of Examination in Elementary Subjects . . . 648 
 HIGHER ELEMENTARY SCHOOLS. Regulations of Board of 
 
 Education 653 
 
 TEACHERS' REGISTRATION COUNCIL AND REGISTER OF 
 TEACHERS. 
 
 Orders in Council 657 
 
 Memorandum of Board of Education 666 
 
 EDUCATION ACT, 1902. 
 Memoranda of Board of Education. 
 
 Powers and Duties of Councils of Counties in Relation to Edu- 
 cation Committees 668 
 
 Schemes for Constitution of Education Committees . . . 673 
 
 Foundation Managers ' . 678 
 
 Endowments 685 
 
 Associations of Voluntary Schools 688 
 
 Form of Interim Order for Foundation Managers . . . 691 
 
 " The appointed day " . 693 
 
 INDEX 695
 
 TABLE OF CASES. 
 
 Baker 77. Waite 135 
 
 Barnacle 77. Clark 135 
 
 Beaumont 77. Bowers ......... 263 
 
 Bedford Charity, In re . . . ... . . -259 
 
 Bell -v. Crane 228 
 
 Belper School Attendance Committee v. Bayley 277 
 
 Bolton v. Bolton 233 
 
 Bowen, In re Lloyd, Phillips v. Davies 286 
 
 Bowers v. Harding 262 
 
 Burgess v. Bristol Sanitary Authority 236 
 
 Burnham National School, In re 244 
 
 Bury 77. Cherryholme 274 
 
 Cheshire v. School Board of West Bromwich .... 222 
 Chorlton-upon-Medlock, Overseers of, v. Guardians of Chorlton 
 
 Union and Overseers of Ardwick ...... 225 
 
 Clark TV. School Board for London 237 
 
 Clarke 77. Mayor, &c., of Lewisham 183 
 
 Cleary 77. Booth 214 
 
 Cockertqn, R. v 211,466 
 
 Cook 77. Plaskett 281 
 
 Cox 77. Ambrose .......... 133 
 
 Crisp 77. Thomas . . . . . . . . . .215 
 
 Cross TV. Alsop 204 
 
 Darlington School, Governors of, R. i> 259 
 
 Darlington Union, Guardians of, In re 349 
 
 Davies 77. Harvey . . . . . . . . . -135 
 
 Deal, Mayor and Justices of, Ex parte Curling, R. ?-. . . 283 
 
 Dean v. Bennett 259 
 
 Dibben, R. v. 264 
 
 Durham, County of, 77. Chester-le-Street Assessment Committee 228 
 
 Dyer and Others v. School Board for London .... 269 
 
 Finnis, R. 77 147 
 
 Fisher 77. Jackson 293 
 
 Fletcher 77. Hudson . . . . . . . . -133
 
 XIV TABLE OF CASES. 
 
 PAGE 
 
 Flintshire, Justices of, R. v. (R. v. Sankey and Others) . . 290 
 
 Foley v. Mayor, &c., of Battersea 182 
 
 Francis, R. v 131 
 
 Gardner v. Bygrave 214 
 
 Gasharth, R. v 136 
 
 Gellygaer School Board v. Llangynidr School Board . . . 265 
 
 German, R. v 327 
 
 Gibbon and Another, Justices of Lancashire, R. v. . . 282 
 
 Gurney and Others v. School Board of West Ham . . . 249 
 
 Hance v. Burnett 272, 321 
 
 Hance v. Fairhurst 324 
 
 Hance v. Fortnum and Others, Justices of Liverpool . . . 320 
 
 Handsley, R. v 283 
 
 Hayman v. Governors of Rugby School 259 
 
 Hemsworth, Free Grammar School and Hospital of Archbishop 
 
 Holgate at, and Grammar School at Barnsley, In re . . 286 
 
 Hewett v. Thompson 325 
 
 Hiscocks v. Jermonson 254 
 
 Hornsey District Council v. Smith 228 
 
 Hunnings v. Williamson 135 
 
 Hunter -v. Johnson 215 
 
 Huntingdon, R. v. Justices of 283 
 
 Jews' Deaf and Dumb Home, Trustees of v, Wandsworth and 
 
 Clapham Union Assessment Committee 228 
 
 Johnson v. Hazell, Watson and Viney 172 
 
 Jones v. Mersey Docks and Harbour Board .... 225 
 
 Jones v. Rowland .......... 273 
 
 Kemp -v. School Board of Coddington and Flamstead . . 260 
 
 Kirby v. School Board for H arrogate . . . ... 238 
 
 Lane v. Norman .......... 293 
 
 Lee and Others, R. v . . . . 282 
 
 Le Feuvre v. Lankester 131 
 
 Legge and Others -v. Vestry of Stoke Newington . . .182 
 
 Lewis v. Carr . . . . . . . . . . 136 
 
 Llanbadarnfawr v. Official Trustee of Charitable Trusts . . 249 
 
 Llanwonno School Board v. Ystradyfodwg School Board . . 191 
 
 London County Council v. School Board for London . . . 238 
 
 Macey -v . Metropolitan Board of Works 237 
 
 Mather v. Lawrence 352 
 
 Mellish, Ex parte 261 
 
 Mellor v. Denham 274 
 
 Mersey Docks and Harbour Board v. Cameron .... 225 
 
 Millege and Others, Justices of Weymouth, R. v. . . . 282 
 
 "Morgan v. Haycock 321 
 
 Morley, In re 239 
 
 Moore, R. v. 264 
 
 National Society v. School Board for London .... 245
 
 TABLE OF CASES. XV 
 
 PAGE 
 
 Nicholson v. Fields I3 2 
 
 Nott v. Williams - 293 
 
 Nutton v. Wilson 134 
 
 Pittard v. Oliver ....'... 172 
 
 Ponsford v. School Board of Newport 239 
 
 Pope v. Backhouse J 35 
 
 Poplar and Blackwall Free School, In re 3 
 
 Pottle v. Sharp 293 
 
 R. -v. Charity Commissioners for England and Wales . . . 300 
 
 R. v. Cockerton 211,466 
 
 R. -v. Dibben 264 
 
 R. v. Finnis 147 
 
 R. v. Francis 131 
 
 R. -v. Gasharth 136 
 
 R. v. Gibbon and Another, Justices of Lancashire . . . 282 
 
 R. -v. German 327 
 
 R. v. Governors of Darlington School . . . . . 259 
 
 R. v. Guardians of Keighley Union 124 
 
 R. v. Handsley 283 
 
 R. -v. Jennings 254 
 
 R. v. Justices of Flintshire (R. v. Sankey and Others) . . 290 
 
 R. -v. Justices of Huntingdon 283 
 
 R. v. Lee and Others 282 
 
 R. -v. Local Government Board . . . . . . 182, 187 
 
 R. -v. Mayor, &c., of Bridgewater 187 
 
 R. -v. Mayor and Justices of Deal, Ex parte Curling . . . 283 
 
 R. v. Mayor, &c., of Norwich . 184 
 
 R. -v. Mayor, &c., of Stepney 186 
 
 R. v. Millege and Others, Justices of Weymouth . . . 282 
 
 R. -v. Moore 264 
 
 R. v. Pearce 238 
 
 R. v. Postmaster-General 188 
 
 R. v. Reed, Sir Charles 150 
 
 R. v. Sankey 290 
 
 R. v. School Board of West Bromwich 225 
 
 R. v. Thomas 259 
 
 R. -v. West Derby 228 
 
 Reed, Sir Charles, R. v. . . . . . - .150 
 
 Reid v. Blisland School Board 291 
 
 Rendall v. Blair 292 
 
 Richards, Ex parte 259 
 
 Richardson -v. Saunders 326 
 
 Roberts v. Falmouth Urban Sanitary Authority .... 644 
 
 Rolls -v. School Board for London ...... 236 
 
 St. Leonard, Shoreditch, Parochial Schools, In re . . 286 
 
 Salisbury, Marquis of, In re . . 472 
 
 Sankey, R. v. 290
 
 XVI TABLE OF CASES. 
 
 FACE 
 
 Saunders v. Crawford 320 
 
 Saunders v. Richardson 273, 326 
 
 School Board of Buckingham v. Town Council of Buckingham . 211 
 
 School Board of Castleford, In re 260 
 
 School Board of Gellygaer -v. Llangynidr School Board . . 265 
 
 School Board of Itchingfield -v. Brooke 292 
 
 School Board of Llanbadarnfawr -v. Official Trustees of Chari- 
 table Trusts 249 
 
 School Board for London v. Assessment Committee of St. 
 
 Leonard's, Shoreditch 226 
 
 School Board for London v. Assessment Committee of Wands- 
 worth and Clapham Union 227 
 
 School Board for London v. Bridge (In re Murphy) . . .321 
 
 School Board for London v. Duggan 278 
 
 School Board for London -v. Faulconer ..... 248 
 
 School Board for London v. Harvey ...... 326 
 
 School Board for London v. Jackson 325 
 
 School Board for London v. Wood 273, 326 
 
 School Board for London v. Wright 217 
 
 School Board of West Bromwich, R. v. . . . . 225 
 
 Sheffield Permanent Building Society, In re, Ex parte Watson . 150 
 
 Smith 77. Overseers of Seghill 204 
 
 Tanfield v. Reynolds 134 
 
 Teather v. Poor Law Commissioners ...... 259 
 
 Thomas, R. v 259 
 
 Thompson v. Rose 322 
 
 Tompkins v. Joliffe . . . . . . . . 133 
 
 Towsey v. White . . . . . . . . . .132 
 
 Tunnicliffe -v. Overseers of Birkdale 228 
 
 Walker v. Laxton . 329 
 
 West Bromwich, School Board of, R. v 225 
 
 West Derby, R. v. 228 
 
 West v. Andrews 132 
 
 Winyard v. Toogood 320 
 
 Woolley v. Kay . . . . . . . . . .132
 
 REFERENCES TO REPORTS OF CASES. 
 
 A. & E Adolphus and Ellis. 
 
 B. & A Barnewall & Alderson. 
 
 B. & C Barnewall & Creswell. 
 
 E. &B Ellis & Blackburn. 
 
 E. &E i Ellis & Ellis. 
 
 J. P Justice of the Peace. 
 
 Jur Jurist. 
 
 L. G. C Local Government Chronicle. 
 
 L. J Law Journal. 
 
 L. R Law Reports. 
 
 L. T Law Times. 
 
 Taunt Taunton. 
 
 T. L. R Times Law Report. 
 
 W. R Weekly Reporter. 
 
 [ ] Ch Law Reports. Chancery. 
 
 [ ] Q. B. D Law Reports. Queen's Bench. 
 
 [ J A. C Law Reports. Appeal Cases.
 
 SUMMARY 
 
 OF THE PROVISIONS OF 
 
 THE EDUCATION ACT, 1902, THE ELE- 
 MENTARY EDUCATION ACTS, 
 
 AND OTHER ACTS RELATING TO EDUCATION. 
 
 THE EDUCATION ACT, 1902. 
 
 EXTENT AND COMMENCEMENT OF ACT. 
 
 THE Education Act, 1902, which received the Royal 
 Assent on the i8th December, 1902, extends only to 
 England and Wales, exclusive of London, except as 
 expressly provided. That exception refers to an exten- 
 sion of the period during which the School Board for 
 London may carry on the work of the schools and classes 
 to which the Education Act, 1901, as renewed by the 
 Education Act, 1901, (Renewal) Act, 1902, relates (2 Edw. 7, 
 c. 42, sec. 27). 
 
 The Act, except as expressly provided, comes into 
 operation on "the appointed day." The appointed day 
 will be the 26th of March, 1903, or such other day, not 
 being more than eighteen months later, as the Board of 
 Education may appoint. Different days may be appointed 
 for different purposes, and for different provisions of the 
 Act, and for different councils (sec. 27). 
 
 The provisions which come into operation before the 
 appointed day are the following : 
 
 (i.) No election of members of a school board shall be 
 held after the passing of the Act, and the term of office of 
 
 B
 
 2 SUMMARY OF EDUCATION ACTS. 
 
 members of any school board holding office at that date, 
 or appointed to fill casual vacancies after that date, shall 
 continue to the appointed day. The Board of Education 
 may make orders with respect to any matter which it 
 appears to them necessary or expedient to deal with for 
 the purpose of carrying this provision into effect, and any 
 order so made will operate as if enacted in the Act (Second 
 Schedule (10)). 
 
 (2.) During the period between the passing of the Act 
 and the appointed day, the managers of any public 
 elementary school, whether provided by a school board or 
 not, and any school attendance committee, shall furnish 
 to the council, which will on the appointed day become 
 the local education authority, such information as the 
 council may reasonably require (Second Schedule (15)). 
 
 (3.) It shall be the duty of every authority whose 
 powers, duties, and liabilities are transferred by this Act 
 to liquidate, so far as practicable, before the appointed day, 
 all current debts and liabilities incurred by that authority 
 (Second Schedule (8)). 
 
 (4.) When an authority having powers under the Act are 
 the council of a non-county borough or urban district, the 
 council may, at any time after the passing of the Act, by 
 agreement with the council of the county, and with the 
 approval of the Board of Education, relinquish in favour 
 of the council of the county any of their powers and duties 
 under the Act, and in that case the powers and duties so 
 relinquished shall cease, and the area of the authority, if 
 the powers and duties relinquished include powers as to 
 elementary education, shall, as respects those powers, be 
 part of the area of the county council (sec. 20). 
 
 (5.) The period during which local authorities may, 
 under the Education Act, 1901, as renewed by the Educa- 
 tion Act, 1901 (Renewal) Act, 1902, empower school 
 boards to carry on the work of the schools and classes to 
 which those Acts relate shall be extended to the appointed 
 day, and in the case of London to the 26th March, 1904 
 (sec. 27).
 
 THE CENTRAL AUTHORITY FOR EDUCATION. 3 
 
 The preparation of schemes for the establishment of 
 education committees (see p. 5) and applications with 
 reference to trust deeds with the view to the appointment 
 of foundation managers (p. 34) can be proceeded with 
 forthwith. 
 
 The Act may be cited as the Education Act, 1902. 
 
 In ike following Summary the provisions of the Education 
 Act, 1902, and of tJie Elementary Education Acts, 'which are 
 summarized, are those which will, except as regards London 
 apply after the appointed day. 
 
 THE CENTRAL AUTHORITY FOR EDUCATION. 
 Constitution of the Board of Education* 
 
 The Board of Education, which has taken the place of 
 the Education Department, including the Department of 
 Science and Art, is the authority charged with the super- 
 intendence of matters relating to education in England 
 and Wales. The Board consists of a President and of 
 the Lord President of the Council, unless he is appointed 
 President of the Board, His Majesty's Principal Secretaries 
 of State, the first Commissioner of His Majesty's Treasury, 
 and the Chancellor of the Exchequer. The Board has 
 an official seal, and may appoint such secretaries, officers, 
 and servants as the Board, with the sanction of the 
 Treasury, may determine (62 & 63 Viet, c. 33). 
 
 Consultative Committee. 
 
 A consultative committee, consisting as to not less than 
 two-thirds of persons qualified to represent the views of 
 universities and other bodies interested in education, may 
 be established by Order in Council for the purpose of 
 advising the Board of Education on any matter referred 
 to them by the Board. 
 
 The consultative committee are also to frame, with the 
 approval of the Board of Education, regulations for a
 
 4 SUMMARY OF EDUCATION ACTS. 
 
 register of teachers to be formed and kept as provided 
 by order in council. The register is to contain the names 
 of the registered teachers arranged in alphabetical order, 
 with an entry in respect to each teacher showing the date 
 of his registration and giving a brief record of his qualifica- 
 tions and experience (sec. 4). 
 
 LOCAL EDUCATION AUTHORITIES. 
 ESTABLISHMENT OF LOCAL EDUCATION AUTHORITIES. 
 
 The council of every county and of every county 
 borough are the local education authority for higher 
 education and for elementary education. 
 
 In the case of a borough which is not a county borough, 
 and which has a population of over ten thousand, or of 
 an urban district which has a population of over twenty 
 thousand the population being calculated according to 
 the census of 1901 the council of the borough or urban 
 district, and not the council of the county in which the 
 borough or district is included, are the local education 
 authority for elementary education (2 Edw. 7, c. 42, 
 sees, i and 23 (8)). 
 
 The council of a non-county borough or urban district 
 may, however, at any time after the passing of the Act, 
 by agreement with the council of the county and with the 
 approval of the Board of Education, relinquish in favour 
 of the council of the county their powers and duties as 
 a local education authority for elementary education, 
 and in that case the borough or district for purposes of 
 elementary education will form part of the area of the 
 county (sec. 20). 
 
 The council of the Isles of Scilly are the local education 
 authority for the Scilly Islands (sec. 26). 
 
 Where councillors are elected for a county electoral 
 division consisting wholly or partly of a borough or urban 
 district for which the council of the borough or district
 
 EDUCATION COMMITTEES. 5 
 
 are the local education authority for elementary education, 
 those councillors are not to vote in respect of any question 
 arising before the county council which relates to matters 
 with regard to education other than higher education 
 (sec. 23 (3)). 
 
 Disqualification of Members. 
 
 The disqualification of any persons who on the i8th 
 December, 1902, were members of any council, and who 
 will become disqualified for office in consequence of the 
 Act, will not, if the council so resolve, take effect until a 
 day fixed by the resolution, not being later than the next 
 ordinary day of retirement of councillors in the case of 
 a county council, the next ordinary day of election of 
 councillors in the case of the council of a borough, and 
 the 1 5th of April, 1904, in the case of an urban district 
 council (Second Schedule (9)). 
 
 Teachers in a school maintained but not provided by 
 a local education authority are in the same position as 
 regards disqualification for office as teachers in a school 
 provided by the authority (sec. 23 (7)). 
 
 EDUCATION COMMITTEES. 
 Establishment of Education Committees. 
 
 It is the duty of every council having powers as a 
 local education authority, whether for higher education or 
 elementary education, to establish an education committee 
 or committees constituted in accordance with a scheme 
 made by the council and approved by the Board of 
 Education. 
 
 The council of a non-county borough or urban district, 
 although not a local education authority, are also to 
 establish an education committee, unless they determine 
 that such a committee is unnecessary (sees. 3 and 17 (i)). 
 
 As to schemes for the establishment of education com- 
 mittees, see p. 6.
 
 SUMMARY OF EDUCATION ACTS. 
 
 Delegation of Powers to Education Committee. 
 
 All matters relating to the exercise by the council of 
 their powers as to education, except the power of raising 
 a rate or borrowing money, are to stand referred to the 
 education committee, and the council, before exercising 
 any such powers, are, unless in their opinion the matter 
 is urgent, to receive and consider the report of the educa- 
 tion committee with respect to the matter in question. The 
 council may also delegate to the education committee, with 
 or without any restrictions or conditions as they think fit, 
 any of their powers as to education, except the power of 
 raising a rate or borrowing money (sec. 17 (2)). 
 
 SCHEMES FOR ESTABLISHMENT OF EDUCATION 
 COMMITTEES. 
 
 Provisions of Schemes. 
 
 Every scheme for the establishment of an education 
 committee by a council is to provide 
 
 (a) for the appointment by them of at least a majority 
 of the committee, and the persons so appointed are to be 
 persons who are members of the council, unless, in the case 
 of a county, the council otherwise determine ; 
 
 (ft) for the appointment by the council, on the nomi- 
 nation or recommendation, where it appears desirable, of 
 other bodies (including associations of voluntary schools), 
 of persons of experience in education, and of persons 
 acquainted with the needs of the various kinds of schools 
 in the area for which the council act ; and 
 
 (c) for the inclusion of women as well as men among 
 members of the committee. 
 
 The scheme is also to provide for the appointment, if 
 desirable, of members of school boards existing on the 
 1 8th December, 1902, as members of the first education 
 committee (2 Edw. 7, c. 42, sec. 17 (3)). 
 
 Any such scheme may, for all or any purposes of
 
 EDUCATION COMMITTEES. 7 
 
 higher education or elementary education, provide for the 
 constitution of a separate education committee for any 
 area within a county, or for a joint education committee 
 for any area formed by a combination of counties, 
 boroughs, or urban districts, or of parts of the same. In 
 the case of a joint education committee it will suffice if 
 a majority of the members are appointed by the councils 
 of any of the counties, boroughs, or districts, out of which 
 or parts of which the area is formed (sec. 17 (5)). 
 
 A scheme for establishing an education committee of 
 the council of any county or county borough in Wales or 
 of the county of Monmouth or county borough of Newport 
 is to provide that the county governing body constituted 
 under the Welsh Intermediate Education Act, 1889, for 
 any such county or county borough is to cease to exist, 
 and the scheme is to make such provision as appears 
 necessary or expedient for the transfer of the powers, 
 duties, property, and liabilities of any such body to the 
 local education authority (sec. 17 (8)). 
 
 Any scheme may contain such incidental or conse- 
 quential provisions as may appear necessary or expedient 
 (sec. 21 (2)). 
 
 Approval of Scheme by Board of Education. 
 
 Before approving a scheme, the Board of Education 
 are to take such measures as may appear expedient for 
 the purpose of giving publicity to the provisions of the 
 proposed scheme, and, before approving any scheme which 
 provides for the appointment of more than one education 
 committee, they are to satisfy themselves that due regard 
 is paid to the importance of the general co-ordination of 
 all forms of education (sec. 17 (6)). 
 
 A scheme when approved has effect as if it were enacted 
 in the Act, and any such scheme may be revoked or altered 
 by a scheme made in like manner and having the same 
 effect as the original scheme (sec. 21 (3)).
 
 8 SUMMARY OF EDUCATION ACTS. 
 
 Scheme to be made by Board of Education on Default of 
 Local Authority. 
 
 If a scheme has not been made by a council and 
 approved by the Board of Education within twelve months 
 after the iSth of December, 1902, the Board may make a 
 provisional order for the purposes for which a scheme 
 might have been made (sec. 17 (7)). 
 
 Sections 297 and 298 of the Public Health Act, 1875 
 (which relate to provisional orders), apply to any such 
 provisional order as if it were made under that Act, but 
 references to a local authority are to be construed as 
 references to the authority to whom the order relates, 
 and references to the Local Government Board to be 
 construed as references to the Board of Education (sec. 
 21 (I)). 
 
 The provisional order may contain such incidental or 
 consequential provisions as may appear necessary or expe- 
 dient (sec. 21 (2)). 
 
 A provisional order made for the purposes of a scheme 
 may be revoked or altered by a scheme made in like 
 manner and having the same effect as an original scheme 
 (sec. 21 (3)). 
 
 Disqualification of Persons as Members of Education 
 Committee. 
 
 Any person who by reason of holding an office or place 
 of profit, or having any share or interest in a contract or 
 employment, is disqualified for being a member of the 
 council appointing the education committee, is also dis- 
 qualified for being a member of the education committee. 
 No such disqualification applies to a person by reason 
 only of his holding office in a school or college aided, 
 provided, or maintained by the council (sec. 17 (4)).
 
 EDUCATION COMMITTEES. 9 
 
 Qualification of Women. 
 
 A woman is not disqualified either by sex or marriage for 
 being a member of an education committee (sec. 23 (6)). 
 
 Meetings, Proceedings, &c., of Education Committees. 
 
 The council by whom an education committee is estab- 
 lished may make regulations as to the quorum, proceedings, 
 and place of meeting of the committee, but, subject to 
 such regulations, the quorum, proceedings, and place of 
 meeting of the committee will be such as the committee 
 determine. 
 
 The chairman of the education committee at any meet- 
 ing of the committee has, in case of an equal division of 
 votes, a second or casting vote. 
 
 The proceedings of an education committee will not be 
 invalidated by any vacancy among its members or by any 
 defect in the election, appointment, or qualification of 
 any of the members. 
 
 Minutes of the proceedings of an education committee 
 are to be kept in a book provided for the purpose, and a 
 minute of those proceedings, signed at the same or next 
 ensuing meeting by a person describing himself as, or 
 appearing to be, chairman of the meeting of the committee 
 at which the minute is signed, is to be received in evidence 
 without further proof. 
 
 Until the contrary is proved, the education committee 
 are to be deemed to have been duly constituted and to 
 have power to deal with any matters referred to in their 
 minutes. 
 
 The education committee may, subject to any directions 
 of the council, appoint such and so many sub-committees, 
 consisting either wholly or partly of members of the 
 committee, as the committee think fit (2 Edw. 7, c. 42, 
 First Schedule).
 
 10 SUMMARY OF EDUCATION ACTS. 
 
 HIGHER EDUCATION. 
 
 POWERS AND DUTIES OF LOCAL EDUCATION 
 AUTHORITIES. 
 
 The local education authority, i.e. the council of each 
 county and county borough, are to consider the educational 
 needs of their area and take such steps as seem to them 
 desirable, after consultation with the Board of Education, 
 to supply or aid the supply of education other than 
 elementary, and to promote the general co-ordination of 
 all forms of education (2 Edw. 7, c. 42, sec. 2 (i)). 
 
 The local education authority in exercising their powers 
 are to have regard to any existing supply of efficient schools 
 or colleges, and to any steps already taken for the pur- 
 poses of higher education under the Technical Instruction 
 Acts, 1889 and 1891 (sec. 2 (2)). 
 
 The Technical Instruction Acts referred to are repealed 
 (Fourth Schedule, Part I.). 
 
 The power of a local education authority to supply 
 or aid the supply of education other than elementary 
 includes a power to train teachers and to supply or aid 
 the supply of any education except where that education 
 is given in a public elementary school (sec. 22 (3)). 
 
 The power of the authority to supply or aid the supply 
 of education other than elementary also includes power 
 to make provision for the purpose outside their area in 
 cases where they think it expedient to do so in the 
 interests of their area, and also power to provide or assist 
 in providing scholarships for and to pay or assist in paying 
 the fees of students ordinarily resident in the area of the 
 local education authority at schools or colleges or hostels 
 within or without that area (sec. 23 (2)). 
 
 The expression " college " includes any educational 
 institution whether residential or not (sec. 24 (4)). 
 
 The powers of the local education authority further 
 include the provision of vehicles or the payment of reason- 
 able travelling expenses for teachers or children attending
 
 HIGHER EDUCATION. II 
 
 school or college, whenever the council consider that such 
 provision or payment is required by the circumstances of 
 their area or of any part of that area (sec, 23 (i)). 
 
 As to schemes for the establishment by the local 
 education authority of an education committee and the 
 delegation by them of their powers to the committee, 
 see pp. 5, 6. 
 
 Arrangements between Councils. 
 
 A local education authority may make arrangements 
 with the council of any county, borough, district, or parish, 
 whether a local education authority or not, for the exercise 
 by the council, on such terms and subject to such con- 
 ditions as may be agreed on, of any powers of the authority 
 in respect of the management of any school or college 
 within the area of the council (sec. 20 (#)). 
 
 POWERS OF COUNCILS OF BOROUGHS OR URBAN 
 DISTRICTS WHEN NOT LOCAL EDUCATION AUTHO- 
 RITIES. 
 
 The council of any non-county borough or urban dis- 
 trict have power as well as the county council to spend 
 such sums as they think fit for the purpose of supplying 
 or aiding the supply of education other than elementary. 
 The amount raised by the council of a non-county borough 
 or urban district for the purpose in any year out of rates 
 is not, however, to exceed the amount which would be 
 produced by a rate of one penny in the pound (2 Edw. 7, 
 c. 42, sec. 3). The amount which would be produced by 
 any rate in the pound is to be estimated in accordance 
 with regulations made by the Local Government Board 
 (sec. 23 (4)). 
 
 They have also the same power as a local education 
 authority for making arrangements such as those referred 
 to above in respect of the management of any school or 
 college (sec. 20 (a)}.
 
 12 SUMMARY OF EDUCATION ACTS. 
 
 Any such council may at any time after the i8th 
 December, 1902, by agreement with the council of the 
 county, and with the approval of the Board of Education, 
 relinquish in favour of the council of the county any of 
 these powers (sec. 20). 
 
 Where any council relinquish their powers and duties in 
 favour of a county council, any property or rights acquired 
 and any liabilities incurred, for the purpose of the per- 
 formance of the powers and duties relinquished, including 
 any property or rights vested or arising, or any liabilities 
 incurred, under any local Act or trust deed, are to be 
 transferred to the county council (Second Schedule (2)). 
 
 EXPENSES OF HIGHER EDUCATION. 
 
 For the purpose of supplying or aiding the supply of 
 education other than elementary, the local education 
 authority are to apply all or so much as they deem 
 necessary of the sums received by them in respect of the 
 residue under sec. I of the Local Taxation (Customs and 
 Excise) Act, 1890 (including any balance remaining un- 
 expended and unappropriated by any council at the 
 appointed day), and are to carry forward for the like 
 purpose any balance thereof which may remain unex- 
 pended. They may also spend such further sums as they 
 think fit. But the amount to be raised by the council 
 of a county for the purpose in any year out of rates 
 is not to exceed the amount which would be produced 
 by a rate of twopence in the pound, or such higher rate 
 as the county council, with the consent of the Local 
 Government Board, may fix (2 Edw. 7, c. 42, sec. 2(1) and 
 Second Schedule (5)). 
 
 The amount which would be produced by any rate in 
 the pound is to be estimated for the purpose of the fore- 
 going provision in accordance with regulations made by 
 the Local Government Board (sec. 23 (4)).
 
 HIGHER EDUCATION. 13 
 
 All receipts in respect of any school maintained by a 
 local education authority, including any parliamentary 
 grant, are to be paid to that authority (sec. 1 8 (2)). 
 
 The expenses of the local education authority or of the 
 council of a non-county borough or urban district supply- 
 ing or aiding the supply of education other than elementary, 
 are, so far as not otherwise provided for, to be paid, in the 
 case of the council of a county out of the county fund, and 
 in the case of the council of a borough out of the borough 
 fund or rate, or, if no borough rate is levied, out of a 
 separate rate to be made, assessed, and levied in like 
 manner as the borough rate, and in the case of the council 
 of an urban district other than a borough in manner 
 provided by sec. 33 of the Elementary Education Act, 
 1876. The county council may, however, if they think fit 
 (after giving reasonable notice to the overseers of the parish 
 or parishes concerned), charge any expenses with respect 
 to education other than elementary on any parish or 
 parishes which, in the opinion of the council, are served 
 by the school or college in connexion with which the 
 expenses have been incurred (sec. 18 (i)). 
 
 Where under any local /.~t the expenses incurred in 
 any borough for the purposes of the Elementary Education 
 Acts are payable out of some fund or rate other than the 
 borough fund or rate, the expenses of the council of the 
 borough for the purposes of education are to be payable 
 out of that fund or rate instead of out of the borough fund 
 or rate (sec. 18 (4)). 
 
 Separate accounts are to be kept by the council of a 
 borough of their receipts and expenditure for the pur- 
 poses of education, and those accounts are to be made 
 up and audited in like manner and subject to the same 
 provisions as the accounts of a county council, and the 
 enactments relating to the audit of those accounts and to 
 all matters incidental thereto and consequential thereon, 
 including the penal provisions, will apply in lieu of the 
 provisions of the Municipal Corporations Act, 1882, relat- 
 ing to accounts and audit (sec. 18 (3)).
 
 14 SUMMARY OF EDUCATION ACTS. 
 
 BORROWING FOR PURPOSES OF HIGHER EDUCATION. 
 
 The local education authority and the council of a 
 non-county borough or of an urban district supplying or 
 aiding the supply of education other than elementary, may 
 borrow, for purposes of higher education, in the case of a 
 county council as for the purposes of the Local Govern- 
 ment Act, 1888, and in the case of the council of a county 
 borough, borough, or urban district as for the purposes of 
 the Public Health Acts, but the money borrowed by a 
 county borough, borough, or urban district council is to 
 be borrowed on the security of the fund or rate out of 
 which the expenses of the council are payable. As to the 
 expenses of local education authorities and councils for 
 higher education, see p. 12. Money so borrowed is not to 
 be reckoned as part of the total debt of a county for the 
 purposes of sec. 69 of the Local Government Act, 1888, 
 or as part of the debt of a county borough, borough, or 
 urban district for the purpose of the limitation on borrowing 
 under sub-sees. 2 and 3 of sec. 234 of the Public Health 
 Act, 1875 (2 Edw. 7, c. 42, sec. 19 and Second Schedule (3)). 
 
 RELIGIOUS INSTRUCTION IN SCHOOLS, COLLEGES, OR 
 HOSTELS. 
 
 A council, in the application of money for the purposes 
 of higher education under the Act, are prohibited from 
 requiring that any particular form of religious instruction 
 or worship or any religious catechism or formulary which 
 is distinctive of any particular denomination shall or shall 
 not be taught, used, or practised in any school, college, or 
 hostel aided but not provided by them. 
 
 No pupil shall, on the ground of religious belief, be 
 excluded from or placed in an inferior position in any 
 school, college, or hostel provided by the council, and no 
 catechism or formulary distinctive of any particular
 
 HIGHER EDUCATION. 15 
 
 religious denomination shall be taught in any school, 
 college, or hostel so provided, except in cases where the 
 council, at the request of parents of scholars, at such 
 times and under such conditions as the council think 
 desirable, allow any religious instruction to be given in the 
 school, college, or hostel, otherwise than at the cost of the 
 council. In the exercise of this power no unfair preference 
 shall be shown to any religious denomination. 
 
 In a school or college receiving a grant from, or 
 maintained by, a council a scholar attending as a day or 
 evening scholar shall not be required, as a condition of 
 being admitted into or remaining in the school or college, 
 to attend or abstain from attending any Sunday school, 
 place of religious worship, religious observance, or instruc- 
 tion in religious subjects in the school or college or else- 
 where. The times for religious worship or for any lesson 
 on a religious subject shall be conveniently arranged for 
 the purpose of allowing the withdrawal of any scholar 
 therefrom (2 Edw. 7, c. 42, sec. 4). 
 
 INSPECTION OF SECONDARY SCHOOLS. 
 
 The Board of Education, by their officers, or, after 
 taking the advice of the consultative committee referred 
 to on p. 3, by any university or other organization, may 
 inspect any school supplying secondary education, and 
 desirous to be so inspected, for the purpose of ascertaining 
 the character of the teaching in the school and the nature 
 of the provisions made for the teaching and health of the 
 scholars. The inspection of any such school is to be on 
 terms fixed by the Board of Education, with the consent 
 of the Treasury. The council of any county or county 
 borough may, out of any money applicable for the purposes 
 of higher education, pay or contribute to the expenses of 
 any such inspection of a school supplying secondary edu- 
 cation within their county or borough (62 & 63 Viet, c. 
 33, sec. 3).
 
 16 SUMMARY OF EDUCATION ACTS. 
 
 ELEMENTARY EDUCATION. 
 
 POWERS AND DUTIES OF LOCAL EDUCATION 
 AUTHORITIES. 
 
 The local education authorities for purposes of ele- 
 mentary education i.e. the council of every county and 
 county borough, and the councils of non-county boroughs 
 with a population exceeding 10,000, and of urban districts 
 with a population exceeding 20,000 (according to the 
 census of 1901), subject to the power of the last-mentioned 
 councils to relinquish their powers and duties as a local 
 education authority in favour of the council of the county, 
 have throughout their area the powers and duties of a 
 school board and school attendance committee under the 
 Elementary Education Acts, and are responsible for and 
 have the control of all secular instruction in public ele- 
 mentary schools not provided by them (2 Edw. 7, c. 42, 
 sees. 5 and 20 ()). 
 
 School boards and school attendance committees are 
 abolished. As to the transfer of property and officers and 
 adjustments in consequence of the substitution of local 
 education authorities for school boards and school attend- 
 ance committees, see pp. 77-80. 
 
 As to schemes for the establishment of education 
 committees and the delegation to such committees of 
 powers of the local education authority, see pp. 5, 6. 
 
 Appointment of Officers by Local Education Authority. 
 
 The local education authority may appoint necessary 
 officers, including the teachers required for any school 
 provided by them, to hold office during the pleasure of 
 the authority, and may assign to them such salaries or 
 remuneration as they think fit, and may from time to 
 time remove any of such officers (33 & 34 Viet, c. 75, 
 sec. 35).
 
 ELEMENTARY EDUCATION. I/ 
 
 The local education authority may appoint an officer 
 to enforce bye-laws as to attendance of children at school, 
 and to take the proceedings necessary for obtaining orders 
 for the sending of children to industrial schools (sec. 36). 
 
 Two or more local education authorities may arrange 
 for the same person to be an officer to both or all such 
 authorities. 
 
 The officers are to perform such duties as may be 
 assigned to them by the authority or authorities who 
 appoint them (sec. 35). 
 
 The provisions of the School Sites Acts with regard, to 
 the tenure of office of a schoolmaster or schoolmistress, 
 and the recovery of possession of premises held over by 
 a teacher who has been dismissed or has ceased to hold 
 office, apply in the case of a school provided by the local 
 education authority (sec. 86). 
 
 As to teachers in public elementary schools not provided 
 by a local education authority, see pp. 29-31. 
 
 PROVISION BY LOCAL EDUCATION AUTHORITY OF 
 PUBLIC SCHOOL ACCOMMODATION. 
 
 Definition of Public School Accommodation and Public 
 Elementary Schools. 
 
 Public school accommodation is accommodation in 
 public elementary schools available for all the children 
 resident in the area of the local education authority for 
 whose elementary education efficient and suitable provision 
 is not otherwise made (33 & 34 Viet, c. 75, sec. 5). 
 
 The duty of a local education authority to provide 
 public school accommodation includes the duty to provide 
 a sufficient amount of public school accommodation without 
 payment of fees in every part of their area (2 Edw. 7, c. 42, 
 Third Schedule (5)). 
 
 An " elementary school " is a school or department of 
 a school at which elementary education is the principal 
 
 C
 
 18 SUMMARY OF EDUCATION ACTS. 
 
 part of the education there given. It does not, however, 
 include any school carried on as an evening school under 
 the regulations of the Board of Education, or any school 
 or department of a school at which the ordinary payments 
 in respect of the instruction, from each scholar, exceed 
 ninepence a week (33 & 34 Viet, c. 75, sec. 3 ; 2 Edw. 7, 
 c. 42, sec. 22 (i)). 
 
 -An elementary school conducted in accordance with 
 certain regulations is to be deemed a " public elementary 
 school." The regulations referred to are to the following 
 effect : 
 
 1. It is not to be required as a condition of the admis- 
 sion or continuance of any child in the school 
 
 (1) That he shall attend or abstain from attending any 
 Sunday school or any place of religious worship ; or 
 
 (2) That he shall, if withdrawn by his parent, attend 
 any religious observance, or any instruction in religious 
 subjects in the school or elsewhere ; or 
 
 (3) 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 
 the parent belongs. 
 
 2. The religious observance or instruction in religious 
 subjects in the school is only to take place at the beginning 
 or at the end, or both at the beginning and end of a 
 meeting of the school. The times for the religious obser- 
 vance or instruction are to be inserted in a time-table to 
 be approved by the Board of Education, and to be kept 
 permanently and conspicuously affixed in every school- 
 room. 
 
 No child withdrawn by his parent from any religious 
 observance or instruction is to forfeit any of the other 
 benefits of the school. 
 
 3. The school is to be open at all times to the inspection 
 of any of His Majesty's Inspectors of Schools ; but it is 
 to be no part of the duties of the inspector to inquire into 
 any instruction in religious subjects given at the school, or
 
 ELEMENTARY EDUCATION. 19 
 
 to examine any scholar in religious knowledge or in any 
 religious subject or book. 
 
 4. The school is to be conducted in accordance with the 
 conditions which are required to be fulfilled by an elemen- 
 tary school in order to obtain an annual Parliamentary 
 Grant (33 & 34 Viet, c. 75, sec. 7). 
 
 The power to provide instruction under the Elementary 
 Education Acts, except where expressly provided to the 
 contrary, is to be limited to the provision in a public ele- 
 mentary school of instruction given under the regulations 
 of the Board of Education to scholars who, at the close 
 of the school year, will not be more than sixteen years of 
 age. The local education authority may, however, with 
 the consent of the Board of Education, extend those 
 limits if no suitable higher education is available within 
 a reasonable distance of the school (2 Edw. 7, c. 42, 
 sec. 22 (2)). 
 
 The powers of a council as the local education authority 
 include the provision of vehicles or the payment of 
 reasonable travelling expenses for teachers or children 
 attending school whenever the council consider such pro- 
 vision or payment required by the circumstances of their 
 area or of any part of it (sec. 23 (i)). 
 
 Schools to be treated as provided by Local Ediication 
 A uthorities. 
 
 The property of every school board is transferred to the 
 local education authority exercising the powers of the 
 school board, and all schools which have been provided by 
 a school board, as well as schools which the local educa- 
 cation authority may themselves provide, are, for the 
 purposes of the Education Act, 1902, to be treated as 
 provided by the local education authority. 
 
 A school which was transferred to a school board by 
 the managers of the school under sec. 23 of the Elementary 
 Education Act, 1870, which conferred powers similar to 
 those referred to on p. 23 as to transfer of schools to local
 
 2O SUMMARY OF EDUCATION ACTS. 
 
 education authorities, was, to the extent and during such 
 time as the school board had any control over the school, 
 to be deemed to be provided by the school board. Any 
 school which is deemed to have been so provided is also 
 to be treated as a school which is deemed to have been 
 provided by the local education authority (2 Edw. 7, 
 c. 42, Second Schedule (13)). 
 
 A school connected with an endowment, charity, or trust 
 of which the school board were constituted the trustees 
 (36 & 37 Viet, c. 86, sec. 13) is also to be deemed to be 
 a school provided by the local education authority. 
 
 Provision by Local Education Authority of Public School 
 A ccom modation. 
 
 It is the duty of the local education authority from 
 time to time to provide such additional accommodation as 
 is in the opinion of the Board of Education necessary in 
 order to supply a sufficient amount of public school accom- 
 modation for their district, and they may provide such 
 accommodation by building or otherwise schoolhouses 
 properly fitted up, and improve, enlarge, and fit up any 
 schoolhouse provided by them (33 & 34 Viet, c. 75, sees. 
 1 8 and 19 ; 2 Edw. 7, c. 42, Third Schedule (6)). 
 
 Provision of New Schools. 
 
 Where, however, the local education authority propose 
 to provide a new public elementary school, they are 
 to give public notice of their intention to do so, and 
 the managers of any existing school, or any ten rate- 
 payers in the area for which it is proposed to provide 
 the school, may, within three months after the notice is 
 given, appeal to the Board of Education on the ground 
 that the proposed school is not required, or that a school 
 provided by the local education authority, or not so pro- 
 vided, as the case may be, is better suited to meet the 
 wants of the district than the school proposed to be pro- 
 vided, and any school built in contravention of the decision
 
 ELEMENTARY EDUCATION. 21 
 
 of the Board of Education on such appeal is to be treated 
 as unnecessary. 
 
 If, in the opinion of the Board of Education, any 
 enlargement of a public elementary school is such as to 
 amount to the provision of a new school, the foregoing 
 provision is to apply. 
 
 In case of dispute, the Board of Education are, without 
 unnecessary delay, to determine whether a school is 
 necessary or not, and, in so determining, and also in 
 deciding on any appeal as to the provision of a new 
 school, are to have regard to the interest of secular in- 
 struction, to the wishes of parents as to the education of 
 their children, and to the economy of the rates. A school 
 which is for the time being recognized as a public elemen- 
 tary school is not, however, to be considered unnecessary 
 if the number of scholars in average attendance at the 
 school, as computed by the Board of Education, is not less 
 than thirty (2 Edw. 7, c. 42, sees. 8 and 9). 
 
 Similar provisions apply when persons other than the 
 local education authority propose to provide a new 
 public elementary school, and in that case the local 
 education authority or any ten ratepayers may appeal. 
 
 School Accommodation for Blind, Deaf, Defective, 
 and Epileptic Children. 
 
 As to the provision of school accommodation for blind 
 and deaf children, and defective and epileptic children, 
 see pp. 44, 47. 
 
 Maintenance of Schools provided by Local Education 
 Authority. 
 
 The local education authority are to maintain and keep 
 efficient every school provided by them within their area 
 which is necessary, and have control of all expenditure 
 required for that purpose. They are to supply school 
 apparatus and everything necessary for the efficiency of 
 the schools so provided (33 & 34 Viet, c. f$, sees. j8 and, 
 19 ; 2 Edw. 7, c. 43, sec. 7).
 
 22 SUMMARY OF EDUCATION ACTS. 
 
 Combination of Local Education Authorities. 
 
 The local education authorities of two or more districts 
 may, with the sanction of the Board of Education, com- 
 bine together for the purpose of providing, maintaining, 
 and keeping efficient schools common to those districts. 
 Such agreements may provide for the appointment of 
 a joint body of managers and for the proportion of the 
 contributions to be paid by each district, and any other 
 matters which, in the opinion of the Board of Education, 
 are necessary for carrying out the agreement, and the 
 expenses of the joint body of managers are to be paid in 
 the proportions specified in the agreement by each of the 
 local authorities (33 & 34 Viet, c. 75, sec. 52). 
 
 The scheme for the establishment of an education com- 
 mittee may also provide for a joint education committee 
 for any area formed by a combination of counties, boroughs, 
 or urban districts (see p. 7). 
 
 Default of Local Education Authority in providing Necessary 
 Public School Accommodation. 
 
 If the local education authority fail to provide such addi- 
 tional public school accommodation as is in the opinion 
 of the Board of Education necessary in any part of their 
 area, the Board of Education, after a public inquiry, may 
 make such order as they think necessary or proper for the 
 purpose of compelling the authority to fulfil their duty, 
 and any such order may be enforced by mandamus 
 (2 Edw. 7, c. 42, sec. 16). 
 
 ACQUISITION OF LAND AS SITES OF SCHOOLHOUSES. 
 
 The local education authority may, for providing 
 school accommodation, purchase or take on lease any 
 land and right over land. For the purchase of land, 
 whether by agreement or otherwise than by agreement, 
 the clauses of the Lands Clauses Consolidation Act, 1845, 
 and the amending Acts, with the exception of those
 
 ELEMENTARY EDUCATION. 23 
 
 relating to "access to the special Act," are incorporated 
 with the Elementary Education Acts. The powers con- 
 ferred on the local education authority of purchasing 
 land compulsorily are, however, only to be exercised 
 subject to certain 'prescribed conditions, and under the 
 authority of a provisional order of the Board of Education, 
 which must be confirmed by Parliament (33 & 34 Viet., 
 c. 75, sec. 20 ; 36 & 37 Viet., c. 86, sec. 15). 
 
 The School Sites Acts of 1841, 1844, 1849, and 1851 
 also apply to the local education authority in the same 
 manner as if they were trustees or managers of a school 
 within the meaning of those Acts (33 & 34 Viet., c. 75, 
 sec. 20). 
 
 Transfer of Schools by M^ "igers to Local Education 
 A utJwrity. 
 
 Arrangements may be made, subject to certain con- 
 ditions, for the transfer of an elementary school by the 
 managers of the school to the local education authority 
 of the area in which the school is situated. In no case, 
 however, is such an arrangement to be made without the 
 consent of the Board of Education and (if there are annual 
 subscribers to the school) the consent of two-thirds of the 
 subscribers present and voting on the question at a meet- 
 ing summoned for the purpose. The arrangement may 
 provide for the absolute conveyance to the local educa- 
 tion authority of all the interest in the schoolhouse 
 possessed by the managers or trustees of the school, or 
 for the lease of the schoolhouse at a nominal rent or other- 
 wise to the local education authority, or for the use of 
 the schoolhouse by the authority during part of the week 
 only. The arrangement may also provide for the transfer 
 of any endowment belonging to the school, or for the 
 discharge by the local education authority of any debt 
 charged on the school not exceeding the value of the 
 interest or endowment transferred to them. A school so 
 transferred is to be deemed a school provided by the local 
 education authority (33 & 34 Viet, c. 75, sec. 23). Any
 
 24 SUMMARY OF EDUCATION ACTS. 
 
 such transfer is for the purposes of sec. 8 of 2 Edw. 7, c. 42 
 (p. 20), to be treated as the provision of a new school. 
 As to re-transfers of schools, see p. 28. 
 
 MANAGEMENT OF PUBLIC ELEMENTARY SCHOOLS PRO- 
 VIDED BY LOCAL EDUCATION AUTHORITIES. 
 
 Management of Schools of Local Education Authority. 
 
 The local education authority throughout their area 
 have the powers which were vested in a school board. 
 They are to maintain and keep efficient all public ele- 
 mentary schools provided by them within their area which 
 are necessary, and have the control of all expenditure 
 required for that purpose (2 Edw. 7, c. 42, sec. 7). 
 
 All public elementary schools provided by the local 
 education authority, where the local education authority are 
 the council of a county, are to have a body of managers. 
 
 Where the local education authority are the council 
 of a borough or urban district, they may, if they think 
 fit, appoint for any school provided by them a body of 
 managers consisting of such number of managers as 
 they may determine (sec. 6 (i)). 
 
 The managers of a school provided by the local educa- 
 tion authority are to deal with such matters relating to 
 the management of the school and subject to such condi- 
 tions and restrictions as the local education authority 
 determine (First Schedule B (4)). 
 
 Managers of Schools provided by Local Education Authority. 
 
 Where the local education authority are the council of a 
 county, the body of managers is to consist of a number of 
 managers not exceeding four appointed by the council, 
 together with a number not exceeding two appointed by 
 the minor local authority (2 Edw. 7, c. 42, sec. 6 (i)). 
 
 A woman is not disqualified by sex or marriage from 
 being on a body of managers (sec. 23 (6)).
 
 ELEMENTARY EDUCATION. 2 5 
 
 The expression " minor local authority " means, as re- 
 spects any school, the council of any borough or urban 
 district, or the parish council or (where there is no parish 
 council) the parish meeting of any parish which appears 
 to the county council to be served by the school. Where 
 the school appears to the county council to serve the 
 area of more than one minor local authority, the county 
 council are to make such provision as they think proper 
 for joint appointment of managers by the authorities con- 
 cerned (sec. 24). 
 
 Where the local education authority consider that the 
 circumstances of any school require a larger body of 
 managers than that specified above, they may increase the 
 total number of managers, so, however, that the number 
 of each class of managers is proportionately increased 
 (sec. 6 (3)). 
 
 The local education authority, whether the council of a 
 county or borough or urban district, may group under one 
 body of managers any public elementary schools provided 
 by them. The body of managers of grouped schools are 
 to consist of such number and be appointed in such 
 manner and proportion as the local education authority 
 may determine. Where the local education authority are 
 the council of a county, they are to make provision for the 
 due representation of minor local authorities on the bodies 
 of managers of schools grouped under their direction 
 (sec. 12). 
 
 With regard to a body of managers in the case of a 
 school not provided by a local education authority, see 
 P- 33- 
 
 Meetings, Proceedings, &c., of Managers of Schools. 
 
 A body of managers may choose their chairman, except 
 in cases where there is an ex-officio chairman, and regulate 
 their quorum and proceedings in such manner as they think 
 fit, subject, in the case of the managers of a school provided 
 by the local education authority, to any directions of
 
 26 SUMMARY OF EDUCATION ACTS. 
 
 that authority. The quorum, however, is not to be less 
 than three, or one-third of the whole number of managers, 
 whichever is the greater. 
 
 Every question at a meeting of managers is to be deter- 
 mined by a majority of the votes of the managers present 
 and voting on the question, and in case of an equal division 
 of votes the chairman of the meeting has a second or 
 casting vote. 
 
 The proceedings of managers are not to be invalidated 
 by any vacancy in their number, or by any defect in the 
 election, appointment, or qualification of any manager. 
 
 The managers of a school provided by the local educa- 
 tion authority are to deal with such matters relating to 
 the management of the school, and subject to such con- 
 ditions and restrictions, as the local education authority 
 determine. 
 
 A manager of a school not provided by the local 
 education authority, appointed by that authority or by 
 the minor local authority, is removable by the authority 
 by whom he is appointed, and any such manager may 
 resign his office. 
 
 The managers are to hold a meeting at least once in 
 every three months. 
 
 Any two managers may convene a meeting of the 
 managers. 
 
 The minutes of the proceedings of the managers are to 
 be kept in a book provided for that purpose. 
 
 A minute of the proceedings of a body of managers, 
 signed at the same or the next ensuing meeting by a 
 person describing himself as, or appearing to be, chairman 
 of the meeting at which the minute is signed, is to be 
 received in evidence without further proof. 
 
 The minutes of managers are to be open to inspection 
 by the local education authority. 
 
 Until the contrary is proved, a body of managers are to 
 be deemed to be duly constituted and to have power to 
 deal with the matters referred to in their minutes (2 Edw. 7 , 
 c. 42, First Schedule B).
 
 ELEMENTARY EDUCATION. 2/ 
 
 Religious Instruction in Schools provided by Local 
 Education Authorities. 
 
 The conditions with regard to religious instruction and 
 observances which must be fulfilled in order that an ele- 
 mentary school may be a public elementary school have 
 been already referred to (see p. 18). When a school is 
 provided by a local education authority, not only must 
 these conditions be strictly complied with, but no religious 
 catechism or religious formulary distinctive of any particular 
 denomination is to be taught in the school (33 & 34 Viet, 
 c. 75, sec. 14). 
 
 The local education authority are to report to the 
 Board of Education any infraction of the provisions of 
 sec. 7 of the last-mentioned Act (see p. 18), in any public 
 elementary school within the district which may come to 
 their knowledge, and to forward to the Board any com- 
 plaint which they may receive of the infraction of those 
 provisions (39 & 40 Viet., c. 79, sec. 7). 
 
 As to religious instruction and observances in public 
 elementary schools not provided by the local education 
 authority, see p. 31. 
 
 Discontinuance of Schools. 
 
 The local education authority may, with the sanction 
 of the Board of Education, discontinue any school pro- 
 vided by them which is deemed to be unnecessary, or, 
 with the like sanction, change the site of any school which 
 they have provided (33 & 34 Viet., c. 75, sec. 18). 
 
 The provisions of the Charitable Trusts Acts, 1853 to 
 1869, extend to the sale, leasing, and exchange of any 
 land or schoolhouse belonging to a local education 
 authority which is not required by them, the Board of 
 Education, for the purpose of the provisions in those 
 Acts, being substituted for the Charity Commissioners 
 (33 & 34 Viet, c. 75, sec. 22). 
 
 Where it is deemed desirable that a school which has
 
 28 SUMMARY OF EDUCATION ACTS. 
 
 been transferred by the managers of the school to a school 
 board, under the provisions of sec. 23 of the 33 & 34 Viet., 
 c. 75 (see p. 23), should be re-transferred to the managers, 
 an arrangement may be made for that purpose, subject to 
 certain conditions. The consent of the Board of Educa- 
 tion to the re-transfer is requisite, and that consent is not 
 to be given unless the Board of Education are satisfied 
 that any money expended on the school out of a loan 
 raised by the school board or the local education authority 
 has been or will, on the completion of the re-transfer, be 
 repaid (33 & 34 Viet, c. 75, sec. 24). 
 
 When any such re-transfer is proposed to be made 
 to the local education authority, the conditions which 
 apply in the case of a proposal to provide a new public 
 elementary school (see p. 20) as regards notice, objec- 
 tions, and decision of the Board of Education must be 
 fulfilled. 
 
 Fees of Children in Schools provided by Local Education 
 Authority. 
 
 The Elementary Education Act, 1891, contains pro- 
 visions which preclude, subject to certain exceptions, the 
 charge of fees in the case of children over three and under 
 fifteen years of age attending public elementary schools, 
 where the fee grant is paid. These provisions are referred 
 to on p. 65. 
 
 The other provisions with respect to the fees of children 
 for school attendance at schools provided by the local 
 education authority are to the following effect : 
 
 The fees to be paid by the children attending a school 
 so provided are to be such as the local education authority, 
 with the consent of the Board of Education, prescribe 
 (33 & 34 Viet, c. 75, sec. 17) ; but nothing in the section 
 referred to is to prevent the authority from admitting 
 scholars to any school provided by them without requiring 
 any fee (54 & 55 Viet., c. 56, sec. 8). 
 
 The local education authority may x in the case of any
 
 ELEMENTARY EDUCATION. 29 
 
 child whose parent is unable from poverty to pay the 
 school fees, from time to time, for a renewable period not 
 exceeding six months, remit the whole or any part of the 
 fee payable for attendance at a school provided by the 
 authority. But the remission of school fees is not to be 
 deemed parochial relief to the parent of the child (33 & 34 
 Viet., c. 75, sec. 17). A person fraudulently obtaining 
 remission of fees is liable to fourteen days' imprisonment 
 (39 & 40 Viet., c. 79, sec. 37). 
 
 As to school fees in the case of a public elementary 
 school not provided by a local education authority, see 
 p. 36. 
 
 POWERS, &c., OF LOCAL EDUCATION AUTHORITIES AS 
 TO SCHOOLS NOT PROVIDED BY THEM. 
 
 Maintenance of Schools not provided by Local Education 
 A uthority. 
 
 It is the duty of the local education authority, so long 
 as certain conditions and provisions are complied with, to 
 maintain and keep efficient all public elementary schools 
 within their area not provided by them which are neces- 
 sary, and the authority are to have the control of all 
 expenditure required for that purpose, other than expendi- 
 ture for which, under the Act, provision is to be made 
 by the managers, and are also to have the control of all 
 secular instruction in those schools. The conditions and 
 provisions referred to are as follows : 
 
 (i) The managers of the school shall carry out any 
 directions of the local education authority as to the 
 secular instruction to be given in the school, includ- 
 ing any directions with respect to the number 
 and educational qualifications of the teachers to be 
 employed for such instruction and for the dismissal 
 of any teacher on educational grounds, and if the 
 managers fail to carry out any such direction the 
 local education authority shall, in addition to their
 
 3O SUMMARY OF EDUCATION ACTS. 
 
 other powers, have the power themselves to carry out 
 the direction in question as if they were the managers ; 
 but no direction given under this provision shall be 
 such as to interfere with reasonable facilities for 
 religious instruction during school hours ; 
 
 (2) The local education authority shall have power to 
 inspect the school ; 
 
 (3) The consent of the local education authority shall 
 be required to the appointment of teachers, but that 
 consent shall not be withheld except on educational 
 grounds ; and the consent of the authority shall also 
 be required to the dismissal of a teacher unless the 
 dismissal be on grounds connected with the giving of 
 religious instruction in the school ; 
 
 (4) The managers of the school shall provide the school- 
 house free of any charge, except for the teacher's 
 dwelling-house (if any), to the local education authority 
 for use as a public elementary school, and shall, out 
 of funds provided by them, keep the schoolhouse in 
 good repair, and make such alterations and improve- 
 ments in the buildings as may be reasonably required 
 by the local education authority ; but such damage 
 as the local education authority consider to be due 
 to fair wear and tear in the use of any room in the 
 schoolhouse for the purpose of a public elementary 
 school shall be made good by them. 
 
 (5) The managers of the school shall, if the local educa- 
 tion authority have no suitable accommodation in 
 schools provided by them, allow that authority to use 
 any room in the schoolhouse out of school hours free 
 of charge for any educational purpose, but this obliga- 
 tion shall not extend to more than three days in the 
 week (2 Edw. 7, c. 42, sec. 7 (i)). 
 
 The managers of a school maintained but not pro- 
 vided by the local education authority, in respect of the 
 use by them of the school furniture out of school hours, 
 and the local education authority in respect of the use by 
 them of any room in the schoolhouse out of school hours,
 
 ELEMENTARY EDUCATION. 3! 
 
 will be liable to make good any damage caused to the 
 furniture or the room, as the case may be, by reason of 
 that use (other than damage arising from fair wear and 
 tear), and the managers are to take care that, after the use 
 of a room in the schoolhouse by them, the room is left in 
 a proper condition for school purposes (sec. 7 (2)). 
 
 The local education authority are entitled to use for the 
 purposes of the school any furniture and apparatus belong- 
 ing to the trustees or managers of any public elementary 
 school not provided by a school board and in use for the 
 purposes of the school before the appointed day (Second 
 Schedule (14)). 
 
 Assistant Teachers and Pupil Teachers. 
 
 In public elementary schools maintained but not pro- 
 vided by the local education authority, assistant teachers 
 and pupil teachers may be appointed, if it is thought fit, 
 without reference to religious creed and denomination, 
 and, in any case in which there are more candidates for 
 the post of pupil teacher than there are places to be filled, 
 the appointment is to be made by the local education 
 authority, and they are to determine the respective quali- 
 fications of the candidates by examination or otherwise 
 
 (sec. 7 "(5)). 
 
 As to the appointment and dismissal of teachers in 
 schools not provided by the local education authority, 
 see also pp. 29, 30. 
 
 Religious Instruction in School. 
 
 In order that an elementary school may be a public 
 elementary school, it is necessary that the provisions of 
 sec. 7 of the Elementary Education Act, 1870, as to reli- 
 gious instruction and observances should be strictly com- 
 plied with (see p. 18). Further, the religious instruction 
 given in a public elementary school not provided by the 
 local education authority, as regards its character, is to 
 be in accordance with the provisions (if any) of the trust
 
 32 SUMMARY OF EDUCATION ACTS. 
 
 deed, and to be under the control of the managers ; but 
 this is not to affect any provision in a trust deed for refer- 
 ence to the bishop or superior ecclesiastical or other denomi- 
 national authority, so far as such provision gives to the 
 bishop or authority the power of deciding whether the 
 character of the religious instruction is or is not in accord- 
 ance with the trust deed (sec. 7 (6)). 
 
 In the case of any such school, the managers, if they 
 desire to have the school inspected and the children 
 examined in respect of religious and other subjects by an 
 inspector other than one of His Majesty's Inspectors, may 
 fix a day or days not exceeding two in any one year, for 
 the inspection or examination ; but public notice must be 
 given in the school, and a notice in writing must be con- 
 spicuously affixed in the school of the day so fixed, not less 
 than fourteen days before the inspection or examination. 
 On any such day any religious observance or instruction 
 in religious subjects may take place at any time during 
 the school meeting, but no child who has been withdrawn 
 by his parent from any religious observance or instruction 
 is to be required to attend the school on that day (33 & 
 34 Viet., c. 75, sec. 67). 
 
 As to the duty of the local education authority to 
 report to the Board of Education infractions of the pro- 
 visions of sec. 7 of the Elementary Education Act, 1876, 
 see p. 27. 
 
 Decision of Board of Education in Case of Dispute. 
 
 If any question arises under sec. 7 of the Education 
 Act, 1902 (see pp. 29-32), between the local education 
 authority and the managers of a school not provided by 
 the authority, the question is to be determined by the 
 Board of Education (2 Edw. 7, c. 42, sec. 7 (3)). 
 
 Condition of Parliamentary Grant. 
 
 One of the conditions required to be fulfilled by an 
 elementary school in order to obtain a parliamentary grant 

 
 ELEMENTARY EDUCATION. 33 
 
 is that the school is maintained under and complies with 
 the provisions of sec. 7 of the Education Act, 1902 (see 
 pp. 29-32) (sec. 7 (4)). 
 
 MANAGEMENT OF SCHOOLS NOT PROVIDED BY LOCAL 
 EDUCATION AUTHORITY. 
 
 Managers of Schools, 
 
 All public elementary schools not provided by the local 
 education authority are to have, in place of the existing 
 managers, a body of managers consisting of a number of 
 foundation managers not exceeding four appointed under 
 the provisions of the trust deed of the school, together with 
 a number of managers not exceeding two appointed (a) 
 where the local education authority are the council of a 
 county, one by that council and one by the minor local 
 authority ; and (b) where the local education authority are 
 the council of a borough or urban district, both by that 
 authority (2 Edw. 7, c. 42, sees. 6 (2), 11 (i)). 
 
 As to orders of the Board of Education for meeting 
 cases where the provisions of the trust deed as to the 
 appointment of managers are inconsistent with the pro- 
 visions of the Education Act, 1902, or insufficient or 
 inapplicable for the purpose, or there is no such trust deed 
 available, seep. 34. The expression "trust deed " includes 
 any instrument regulating the trusts of a school (sec. 
 
 24(5)). 
 
 For definition of the term " minor local authority," see 
 p. 25. 
 
 Where the local education authority consider that the 
 circumstances of any school require a larger body of 
 managers than that specified above, they may increase the 
 total number of managers, so, however, that the number of 
 each class of managers is proportionately increased (sec. 
 
 5(3))- 
 
 The local education authority, with the consent of the 
 
 D
 
 34 SUMMARY OF EDUCATION ACTS. 
 
 managers of the schools, may group under one body 01 
 managers any public elementary schools not provided by 
 them. The body of managers of schools so grouped 
 are to consist of such number and to be appointed 
 in such manner and proportion as may be agreed upon 
 between the bodies of managers of the schools concerned 
 and the local education authority, or in default of agree- 
 ment may be determined by the Board of Education. 
 Any arrangement for thus grouping schools will, unless 
 previously determined by consent of the parties concerned, 
 remain in force for a period of three years (sec. 12). 
 
 Trust Deeds as to Appointment of Managers of Schools 
 not provided by Local Education A uthority. 
 
 If it is shown to the satisfaction of the Board of Educa- 
 tion that the provisions of the trust deed of a school as 
 to the appointment of managers are in any respect incon- 
 sistent with the provisions of the Education Act, 1902, 
 or insufficient or inapplicable, or that there is no such 
 trust deed available, the Board of Education are to make 
 an order for the purpose of meeting the case (sec. II (i)). 
 
 An order for this purpose may be made on the appli- 
 cation of the existing owners, trustees, or managers of the 
 school, if made within a period of three months after the 
 1 8th December, 1902, and after that period on the appli- 
 cation of the local education authority or any other person 
 interested in the management of the school. Any such 
 order, where it modifies the trust deed, will have effect as 
 part of the trust deed, and where there is no trust deed 
 will have effect as if it were contained in a trust deed. 
 
 Notice of any such application, together with a copy of 
 the draft final order proposed to be made thereon, is to 
 be given by the Board of Education to the local education 
 authority and the existing owners, trustees, and managers, 
 and any other persons who appear to the Board of Educa- 
 tion to be interested, and the final order is not to be made 
 until six weeks after notice has been so given. 
 
 In making an order under this section with regard to
 
 ELEMENTARY EDUCATION. 35 
 
 any school, the Board of Education are to have regard to 
 the ownership of the school building, and to the principles 
 on which the education given in the school has been 
 conducted in the past. 
 
 The Board of Education may, if they think that the 
 circumstances of the case require it, make any interim 
 order on any application under this section to have 
 temporary effect until the final order is made (sec. II (2), 
 (3), (4), and (5)). 
 
 The Board of Education may, on the application of 
 the managers of the school, the local education authority, 
 or any person appearing to them to be interested in the 
 school, revoke, vary, or amend any order made under the 
 foregoing provisions by an order made in a similar manner ; 
 but before making any such order the draft is, as soon as 
 may be, to be laid before each House of Parliament, and, 
 if within thirty days, being days on which Parliament has 
 sat, after the draft has been so laid before Parliament, 
 either House resolves that the draft, or any part thereof, 
 should not be proceeded with, no further proceedings are to 
 be taken thereon, without prejudice to the making of any 
 new draft order (sec. 1 1 (8)). 
 
 POWERS OF MANAGERS OF SCHOOLS NOT PROVIDED 
 BY LOCAL EDUCATION AUTHORITY. 
 
 Powers of Management. 
 
 The body of managers appointed for a public elementary 
 school not provided by the local education authority are 
 the managers of that school for the purposes of the 
 Elementary Education Acts and the Education Act, 1902, 
 and, so far as respects the management of the school as 
 a public elementary school, for the purpose of the trust 
 deed (2 Edw. 7, c. 42, sec. n (6)). 
 
 The managers of a school maintained but not provided 
 by the local education authority have all powers of manage- 
 ment required for the purpose of carrying out the Act, and
 
 36 SUMMARY OF EDUCATION ACTS, 
 
 (subject to the powers of the local education authority 
 referred to on pp. 29-31) have the exclusive power of 
 appointing and dismissing teachers (sec. 7 (7)). 
 
 Meetings, &c., of Managers of Schools not provided 
 by Local Education Authority. 
 
 For provisions as to the convening and holding of 
 meetings of the managers, the quorum, the chairman, the 
 voting and proceedings at the meetings and the minutes 
 of the proceedings, see p. 25. 
 
 Fees in Schools not provided by Local Education Authority. 
 
 For limitation of fees in public elementary schools, see 
 definition of "elementary school," p. 17. 
 
 The Elementary Education Act, 1891, contains pro- 
 visions which preclude, subject to certain exceptions, the 
 charge of fees in the case of children over three and under 
 fifteen years of age attending public elementary schools 
 when the fee grant is paid (see p. 65). 
 
 Apportionment of School Fees. 
 
 Where before the i8th December, 1902, fees have been 
 charged in any public elementary school not provided by 
 the local education authority, that authority shall, while 
 they continue to allow fees to be charged in respect of 
 the school, pay such proportion of those fees as may be 
 agreed upon, or, in default of agreement, determined by 
 the Board of Education, to the managers (2 Edvv. 7, 
 c. 42, sec. 14). 
 
 Purchase of Land, &c., by Managers of Public Elementary 
 
 Schools. 
 
 For the purpose of the purchase by the managers of 
 a public elementary school not provided by the local
 
 ELEMENTARY EDUCATION. 37 
 
 education authority, of a school-house or site of a school- 
 house, the provisions of the Lands Clauses Consolidation 
 Acts, with the exception of those relating to the purchase 
 of land otherwise than by agreement, apply. The con- 
 veyance of any land so purchased may be in the form 
 prescribed by any of the School Sites Acts, with the 
 modification that the conveyance shall express that the 
 land is to be held upon trust for the purposes of a public 
 elementary school, or some one of such purposes as may 
 be specified, and for no other purpose whatever. Land 
 may be acquired by managers either under the Lands 
 Clauses Consolidation Acts or under the School Sites 
 Acts. Any persons desirous of establishing a public 
 elementary school are to have the like powers if they 
 obtain the approval of the Board of Education to the 
 establishment of the school (33 & 34 Viet, c. 75, sec. 21). 
 
 As to the provisions which apply to managers in the 
 case of a proposal by the local education authority or 
 other persons to provide a new public elementary school, 
 or to make any enlargement of a public elementary school, 
 which in the opinion of the Board of Education is such 
 as to amount to the provision of a new school, see p. 20. 
 
 Powers of Managers as to Trust Deeds, Transfer or 
 Re-transfer of Schools. 
 
 As to the powers of managers with regard to alterations 
 of trust deeds with respect to the appointment of managers, 
 see p. 34. 
 
 For the powers of managers as to the transfer of schools 
 to the local education authority and the re-transfer of 
 such schools, see pp. 23, 28. 
 
 Duty of Managers as to Returns. 
 
 In a district where bye-laws are in force, the local 
 education authority may supply forms to any public 
 elementary school for obtaining reasonable information 
 as to the attendance at the school of children residing
 
 38 SUMMARY OF EDUCATION ACTS. 
 
 in the district. If the managers fail to cause the forms 
 to be duly filled up and returned, or such information to 
 be supplied as will enable the local education authority to 
 ascertain whether a child attending the school attends as 
 required by the bye-laws, the managers are to cause to be 
 produced to the officer of the authority or other person 
 duly authorized by them for the purpose, at any reasonable 
 time, the registers and other books as to the attendance of 
 children at the school, and permit him to make copies or 
 extracts. If a difference arises between the local educa- 
 tion authority and the managers as to whether or not the 
 information required by the forms is reasonable, the question 
 is to be referred to the Board of Education, and their 
 decision is to be final (36 & 37 Viet, c. 86, sec. 22). 
 
 See also p. 41 as to duty with regard to returns as to 
 public elementary schools and children requiring ele- 
 mentary education. 
 
 Exemption from Rates of Public Elementary Schools not 
 provided by Local Education Authority. 
 
 No person is to be assessed or rated to any local rate 
 in respect of any land or buildings used exclusively or 
 mainly for the purposes of the school-rooms, offices, or 
 playground of a public elementary school not provided 
 by the local education authority, except to the extent of 
 any profit derived by the managers of the school from the 
 letting thereof (60 Viet, c. 5, sec. 3). 
 
 MAINTENANCE BY LOCAL EDUCATION AUTHORITY OF 
 SCHOOLS ATTACHED TO INSTITUTIONS. 
 
 The local education authority may maintain as a public 
 elementary school under the Education Act, 1902, but are 
 not required so to maintain, any Marine school, or any 
 school which is part of, or is held in the premises of, any 
 institution in which children are boarded, but their refusal to 
 maintain such a school will not render the school incapable
 
 ELEMENTARY EDUCATION. 39 
 
 of receiving a parliamentary grant, nor shall the school, 
 if not so maintained, be subject to the provisions of the 
 Act as to the appointment of managers, or as to control 
 by the local education authority (2 Edw. 7, c. 42, sec. 15). 
 
 EDUCATIONAL ENDOWMENTS, &c. 
 
 Gifts for Educational Purposes, and Schemes as to Schools 
 and Educational Endowments. 
 
 A local education authority may be constituted trustees 
 for any educational endowment or charity for purposes 
 connected with education, and may accept any real or 
 personal property given to them as an educational endow- 
 ment, or upon trust for educational purposes, subject to 
 the following conditions : 
 
 (i.) That the local education authority shall not be 
 trustees for or accept any educational endowment, charity, 
 or trust, the purposes of which are inconsistent with the 
 principles on which they are required to conduct schools 
 provided by them (see p. 27). 
 
 (2.) That every school connected with the endowment, 
 charity, or trust shall be deemed to be a school provided 
 by the local education authority, except that the authority 
 are not under this enactment to expend any money out 
 of the local rate for any purpose other than elementary 
 education (36 & 37 Viet, c. 86, sec. 13). 
 
 The Mortmain and Charitable Uses Act, 1888, and so 
 much of the Mortmain and Charitable Uses Act, 1891, as 
 requires that land assured by will shall be sold within 
 one year from the death of the testator, shall not apply 
 to any assurance, within the meaning of the Act of 1888, 
 of land for the purpose of a schoolhouse for an elemen- 
 tary school (2 Edw. 7, c. 42, sec. 23 (5)). 
 
 The Board of Education are empowered to approve of 
 schemes with respect to schools or endowments which were 
 excepted from the Endowed Schools Act, 1869, on the 
 ground that the school was, at the commencement of that
 
 4 SUMMARY OF EDUCATION ACTS. 
 
 Act, in receipt of an annual parliamentary grant (33 & 34 
 Viet., c. 75, sec. 75). 
 
 An Order in Council may transfer to the Board of 
 Education and make exerciseable by them any of the 
 powers of the Charity Commissioners or of the Board of 
 Agriculture in matters relating to education (62 & 63 Viet, 
 c. 33, sec. 2). 
 
 Where under the trusts affecting any endowment the 
 income must be applied in whole or in part for those 
 purposes of a public elementary school for which provision 
 is to be made by the local education authority, the whole 
 of the income or the part thereof is to be paid to that 
 authority, and, in case part only of the income must be 
 so applied and there is no provision under the trusts for 
 determining the amount which represents that part, that 
 amount is to be determined, in case of difference between 
 the parties concerned, by the Board of Education ; but 
 if a public inquiry is demanded by the local education 
 authority, the decision of the Board of Education is not 
 to be given until after such an inquiry, of which ten days' 
 previous notice is to be given to the local education 
 authority and to the minor local authority and to the 
 trustees, has been held by the Board of Education at the 
 cost of the local education authority. 
 
 Any money arising from an endowment, and paid to a 
 county council for those purposes of a public elementary 
 school for which provision is to be made by the council, 
 is to be credited by the council in aid of the rate levied 
 in the parish or parishes which in the opinion of the 
 council are served by the school for the purposes of which 
 the sum is paid, or, if the council so direct, is to be paid 
 to the overseers of the parish or parishes in the propor- 
 tions directed by the council, and applied by the overseers 
 in aid of the poor rate levied in the parish (2 Edw. 7, c. 42, 
 sec. 13). 
 
 Where the receipt by a school, or the trustees or 
 managers of a school, of any endowment or other benefit 
 was, on the i8th December 3 1902, dependent on any
 
 ELEMENTARY EDUCATION. 41 
 
 qualification of the managers, the qualification of the 
 foundation managers only, in case of question, is to be 
 regarded (sec. n (/)). 
 
 RETURNS AND REPORTS BY LOCAL EDUCATION 
 AUTHORITY. 
 
 Every local education authority, whenever required by 
 the Board of Education, but not oftener than once in every 
 year, are to send to the Board a return containing such 
 particulars with respect to the elementary schools and 
 children requiring elementary education in their district 
 as the Board may from time to time require (33 & 34 Viet., 
 c. 75, sees. 67, 69). 
 
 For the purpose of obtaining these returns the Board of 
 Education are to supply the local education authority with 
 the forms required, and the managers or principal teacher of 
 every school required to be included in the return are to 
 fill up the forms and send the same to the local education 
 authority within the time specified in the form. 
 
 . The local education authority with the sanction of the 
 Board of Education may employ persons to assist in making 
 the returns and pay them for their services such remune- 
 ration as the Treasury may approve. That remuneration, 
 together with any other expenses connected with the pre- 
 paration of the returns which may be sanctioned by the 
 Treasury, is to be paid by the Board of Education. In 
 the event of the local education authority failing to make 
 the required returns, the Board of Education may appoint 
 persons for the purpose. They may also appoint inspectors 
 to inquire into the accuracy and completeness of returns 
 and into the efficiency and suitability of schools included 
 in or improperly omitted from returns. The inspectors 
 may also examine the scholars in the school. If the 
 Board of Education think it desirable they may them- 
 selves, in any case where they are empowered to require 
 the local education authority to furnish a return, appoint a
 
 42 SUMMARY OF EDUCATION ACTS. 
 
 person to make such return without requiring a return 
 from the authority (33 & 34 Viet., c. 75, sees. 68, 69, 70, 71 ; 
 36 & 37 Viet., c. 86, sec. 19). If in the case of any school 
 the managers or teachers refuse or neglect to fill up the 
 form required for a return by the local education authority, 
 or refuse to allow the inspector appointed by the Board of 
 Education to inspect the school-house or examine any 
 scholar or the school books and registers, the school is not 
 to be taken into consideration among the schools giving 
 efficient elementary education in the district (33 & 34 Viet., 
 c. 75, sec. 72). 
 
 The local education authorities are further required to 
 make such reports and returns and give such information 
 to the Board of Education as they may from time to time 
 require (33 & 34 Viet., c. 75, sec. 95). 
 
 CERTIFIED INDUSTRIAL SCHOOLS. 
 
 The local education authority may, if they deem it 
 desirable, with the consent of one of His Majesty's Secre- 
 taries of State, establish, build, and maintain a certified 
 industrial school under the Industrial Schools Act, 1866, 
 or a certified day industrial school under the Elementary 
 Education Act, 1876 (33 & 34 Viet., c. 75, sec. 28 ; 39 & 
 40 Viet., c. 79, sees. 15 and 16). 
 
 " Day industrial schools " are schools in which industrial 
 training, elementary education, and one or more meals a 
 day, but not lodging, will be provided for the children. 
 A school for this purpose, when certified by a Secretary 
 of State, becomes a " certified day industrial school." 
 
 Certain powers are also conferred upon a local educa- 
 tion authority of contributing towards the alteration, 
 enlargement, or rebuilding of a certified industrial school 
 or certified day industrial school, or towards the support 
 of the inmates of such a school, or towards the manage- 
 ment of such a school, or towards the establishment or 
 building of a school intended to be a certified industrial
 
 ELEMENTARY EDUCATION. 43 
 
 school, or towards the purchase of land required either for 
 the use of an existing certified industrial school, or for the 
 site of a school intended to be a certified industrial school 
 (33 & 34 Viet, c. 75, sec. 27 ; 36 & 37 Viet., c. 86, sec. 14 ; 
 39 & 40 Viet, c. 79, sec. 16). The local education authority 
 may also in respect of industrial schools, subject to certain 
 conditions, undertake anything to which they are authorized 
 to contribute (42 & 43 Viet, c. 48, sec. 2). 
 
 The local education authority may, if they think fit, 
 appoint an officer to bring children who are liable to be 
 sent to a certified industrial school before justices, with 
 the view to their being so sent (33 & 34 Viet, c. 75, sec. 36). 
 
 When the local education authority are informed by 
 any person of a child within their jurisdiction liable to be 
 sent to an industrial school, it will be their duty to take 
 proceedings for that purpose unless they think it inexpe- 
 dient to do so (39 & 40 Viet, c. 79, sec. 13). But a child 
 who under the Industrial Schools Acts might be sent to a 
 certified industrial school may, if the court deem it desirable, 
 be sent to a certified day industrial school. Children sent 
 to a certified day industrial school may be detained there 
 during such hours as may be authorized by the rules of the 
 school approved by the Secretary of State (sec. 16). 
 
 When a court of summary jurisdiction orders, otherwise 
 than by an attendance order, a child to be sent to a 
 certified day industrial school, the parent of the child, if 
 liable to maintain him, maybe ordered to contribute a sum 
 not exceeding two shillings per week. It will be the duty 
 of the local education authority to obtain and enforce the 
 order, and any sums received under it are to be applied in 
 aid of their expenses. If the parent is unable to pay the 
 sum required by the order, he is to apply to the guardians 
 having jurisdiction in the parish in which he resides, and 
 the guardians, if satisfied of his inability, are to give him 
 sufficient relief to pay the sum, or such part as they may 
 consider him unable to pay. 
 
 If a local education authority and the parent of a child 
 so request, and the parent undertakes to pay such sum,
 
 44 SUMMARY OF EDUCATION ACTS. 
 
 not less than one shilling a week, as a Secretary of State 
 may fix, the managers of a certified day industrial school 
 may receive the child into the school under an attendance 
 order, or without an order of a court. In such case a sum 
 not exceeding sixpence a week may be contributed out of 
 moneys provided by Parliament (39 & 40 Viet., c. 79, 
 sec. 1 6). 
 
 When a child is sent to a certified industrial school upon 
 the complaint of a local education authority, a licence may 
 be given by the managers at the expiration of one month 
 after the child is received by them for the child to live 
 out of the school, on the condition that he attends as a 
 day scholar some certified efficient school in such regular 
 manner as is specified in the licence (39 & 40 Viet, c. 79, 
 sec. 14). 
 
 Where a child is committed to a certified industrial 
 school at the instance of a local education authority, the 
 authority may pay the expenses of and incidental to 
 the conveyance of the child to and from the school, and 
 the sending of the child out on licence or bringing 
 back the child on the expiration or revocation of a licence. 
 A local education authority which has contributed to the 
 support of a child in an industrial school may also con- 
 tribute to the ultimate disposal of the child (63 & 64 
 Viet, c. 53, sec. 4). 
 
 EDUCATION OF BLIND AND DEAF CHILDREN AND 
 DEFECTIVE AND EPILEPTIC CHILDREN. 
 
 Blind and Deaf Children. 
 
 The 56 & 57 Viet, c. 42, imposes on the parents of blind 
 or deaf children the duty of causing such children to receive 
 efficient elementary instruction suitable to them. 
 
 For the purposes of the Act a " blind child " means a child 
 too blind to be able to read the ordinary school books used 
 by children, and a " deaf child " means a child too deaf to
 
 ELEMENTARY EDUCATION. 45 
 
 be taught in a class of hearing children. A blind or deaf 
 child is to be deemed a "child" until the age of sixteen 
 years. The age for compulsory attendance at school for 
 a blind child begins at five years, and of a deaf child at 
 seven years. Subject to this every blind or deaf child 
 must receive efficient elementary instruction in reading, 
 writing, and arithmetic until the age of sixteen years 
 (56 & 57 Viet, c. 42, sees. I, n, and 15). 
 
 It is the duty of every local education authority to 
 enable blind and deaf children resident in their district, for 
 whose elementary education efficient and suitable provision 
 is not otherwise made, to obtain such education in some 
 school for the time being certified by the Board of Educa- 
 tion as suitable for providing such education, and for that 
 purpose either to establish or acquire and to maintain a 
 school so certified, or to contribute, on such terms and to 
 such extent as may be approved by the Board of Educa- 
 tion, towards the establishment or enlargement, alteration, 
 and maintenance of a school so certified, or towards any 
 of these purposes, and, where necessary or expedient, to 
 make arrangements, subject to regulations of the Board, 
 for boarding out any blind or deaf child in a home con- 
 veniently near to the certified school where the child is 
 receiving elementary education. 
 
 This duty of the local education authority does not, 
 however, extend to children who are idiots or imbeciles ; 
 or resident in a workhouse or in any institution to which 
 they have been sent by a board of guardians from a 
 workhouse ; or are boarded out by guardians (sec. 2). 
 
 Where the local education authority contribute to the 
 establishment, enlargement, or alteration of a certified 
 school maintained by another authority, the terms ap- 
 proved by the Board of Education are to include security 
 for repayment of the value of the contribution, in the 
 event of the school ceasing to be certified. The terms 
 of contribution may include provision for representation 
 of the contributing authority on the governing body of 
 the school to which it contributes, in cases where such
 
 46 SUMMARY OF EDUCATION ACTS. 
 
 representation appears to the Board of Education to be 
 practicable and expedient (sees. 2 and 3). 
 
 For the performance of their duties under the Act the 
 local education authority may exercise the like powers as 
 may be exercised by them for the provision of school 
 accommodation for their district. With the sanction of 
 the Local Government Board they may borrow for the 
 purpose (sec. 5). 
 
 A school is not to be certified by the Board of Educa- 
 tion as suitable for providing elementary education for 
 blind or deaf children (a) if it is conducted for private 
 profit ; nor (b] unless it is either managed by a local 
 education authority, or the annual expenses of its main- 
 tenance are, to the extent of not less than one-third, 
 defrayed out of sources other than local rates, or moneys 
 provided by Parliament, and are audited and published 
 in accordance with regulations of the Board of Education ; 
 nor (c) unless it is open at all times to the inspection of 
 His Majesty's Inspectors of Schools and of any visitors 
 authorized by any local education authority sending 
 children to the school ; nor (d) unless the requirements of 
 the Act are complied with in the case of the school. A 
 school so certified is to be deemed to be a certified efficient 
 school (sec. 7). 
 
 If and so far as the school which a child is required to 
 attend is not a public elementary school, it must, in all 
 matters relating to the religious instruction and obser- 
 vances of the child, be conducted in accordance with the 
 rules applying to industrial schools ; and any local educa- 
 tion authority may provide and maintain for the purposes 
 of the Act a school so conducted. In selecting a school 
 under the Act the authority are to be guided by the rules 
 laid down in the Industrial Schools Act, 1866, and if 
 a child is boarded out the authority are, if possible, to 
 arrange for the boarding out being with a person belonging 
 to the religious persuasion of the child's parent. Where 
 a child is required to attend any school, the child is not 
 to be compelled to receive religious instruction contrary to
 
 ELEMENTARY EDUCATION. 47 
 
 the wishes of the parent, and is, so far as practicable, 
 to have facilities for receiving religious instruction and 
 attending religious services conducted in accordance with 
 the parent's persuasion (sec. 8). 
 
 Where a local education authority incur any expense in 
 respect of a blind or deaf child, the parent of the child is 
 liable to contribute towards such expense. The parent is 
 not, by reason of any payment made under the Act in 
 respect of the child, to be deprived of any franchise, right, 
 or privilege, or to be subject to any disability or dis- 
 qualification (sees. 9 and 10). 
 
 The Board of Education may give aid from the parlia- 
 mentary grant to a certified school in" respect of education 
 given to blind or deaf children to such amount and on 
 such conditions as may be directed by the minutes of the 
 Board in force for the time being (sec. 12). 
 
 A child resident in a school or boarded out under the 
 Act is to be deemed to be resident in the district from 
 which the child was sent (sec. 15). 
 
 From the ist July, 1894, so much of any enactment in 
 force at that date as empowered boards of guardians to 
 send blind or deaf children to school was repealed, except 
 as to children who are idiots or imbeciles, or resident in a 
 workhouse or in an institution to which they have been 
 sent by a board of guardians from a workhouse, or are 
 boarded out by guardians. Where any blind or deaf child 
 with respect to whom the powers of guardians are thus 
 determined was on the ist July, 1894, relieved in any 
 institution by a board of guardians, the child is to continue 
 chargeable as if the Act had not passed, until the expiration 
 of six months' notice to be given by the guardians, if they 
 think fit, to the authority of the district from which the 
 child was sent (sec. 13). 
 
 Defective and Epileptic Children. 
 
 The 62 & 63 Viet, c. 32, makes provision for the 
 elementary education of defective and epileptic children.
 
 48 SUMMARY OF EDUCATION ACTS. 
 
 The local education authority of each district may make 
 arrangements for ascertaining what children in their district, 
 not being imbecile, and not being merely dull or backward, 
 are defective, that is to say, what children by reason of mental 
 or physical defect are incapable of receiving proper benefit 
 from the instruction in the ordinary public elementary 
 schools, but are not incapable by reason of such defect of 
 receiving benefit from instruction in special classes or 
 schools, and what children in their district are epileptic 
 children, that is to say, what children, not being idiots or 
 imbeciles, are unfit, by reason of severe epilepsy, to attend 
 the ordinary public elementary schools (62 & 63 Viet., 
 c. 32, sec. i). 
 
 The local education authority, in making such arrange- 
 ments, are to provide facilities for enabling any parent, 
 who is of opinion that his child ought to be dealt with 
 under the Act, to present such child to the authority 
 to be examined, and an authority failing to provide these 
 facilities is to be deemed to have acted in contraven- 
 tion of the Act. If a child is defective or epileptic, a 
 certificate to that effect by a duly qualified practitioner 
 approved by the Board of Education is required. It is 
 the duty of the parent of any child required by the authority 
 to be examined to cause the child to attend such examina- 
 tion, and a parent who fails to comply with the require- 
 ment is liable to a fine not exceeding five pounds 
 (sec. i). 
 
 Where the local education authority have ascertained that 
 there are in their district defective children, they may make 
 provision for their education by classes in public elementary 
 schools certified by the Board of Education as special 
 classes ; or by boarding out such children in houses con- 
 veniently near to certified special classes or schools ; or by 
 establishing schools for defective children. They may 
 make provision for the education of epileptic children by 
 establishing schools, certified by the Board of Education, 
 for such children. The powers thus conferred include 
 power to establish or acquire and to maintain certified
 
 ELEMENTARY EDUCATION. 49 
 
 schools, and to contribute, on terms approved by the 
 Board of Education, towards the establishment, enlarge- 
 ment, or alteration, and towards the maintenance of certi- 
 fied schools. 
 
 The local education authority may, in respect of children 
 who are resident in or whose permanent home is in their 
 district, and who are attending certified special classes or 
 schools in the district of another local education authority, 
 contribute to that other authority the proportionate cost of 
 the provision and maintenance of the special classes or 
 schools (sec. 2). 
 
 A child resident in a school or boarded out under the 
 Act is to be deemed to be resident in the district from 
 which the child is sent (sec. 14). 
 
 The local education authority are to make provision 
 for examination from time to time of children dealt with 
 under the Act, in order to ascertain whether they have 
 attained such a mental and physical condition as to be 
 fit to attend the ordinary classes of public elementary 
 schools ; and the parent of a child may claim such an 
 examination in the case of his child. An authority failing 
 to make this provision is to be deemed to have acted in 
 contravention of the Act. 
 
 The .Board of Education are not to certify any estab- 
 lishment established after the commencement of the Act 
 for boarding and lodging more than fifteen defective or 
 epileptic children in one building, or comprising more than 
 four such buildings (sec. 2). 
 
 A local education authority may provide guides or con- 
 veyances for children who, in the opinion of the authority, 
 are, by reason of any physical or mental defect, unable to 
 attend school without guides or conveyances (sec. 3): 
 
 The duty of a parent to provide elementary instruction 
 for his child is, in the case of a defective or epileptic 
 child over seven years of age in any place where a 
 certified special class or school is within reach of the 
 child's residence, to include the duty to cause the child 
 to attend such a class or school, and a parent is not to 
 
 E
 
 50 SUMMARY OF EDUCATION ACTS. 
 
 be excused from this duty by reason only that a guide 
 or conveyance for the child is necessary. 
 
 In the case of an epileptic child above seven years of 
 age, the local education authority may apply to a court of 
 summary jurisdiction for an order requiring the child to 
 be sent to a certified school for epileptics. If a parent 
 fails to comply with such order, he is to be deemed to 
 have failed to perform the duty prescribed by sec. 4 of 
 the Elementary Education Act, 1876, and may be pro- 
 ceeded against accordingly (sec. 4). 
 
 The provisions of sec. 7 of the Elementary Education 
 (Blind and Deaf Children) Act, 1893 (see p. 46), re- 
 specting the conditions and effect of the grant of certifi- 
 cates to schools for blind or deaf children apply, with the 
 necessary modifications, to schools for defective or epileptic 
 children established or proposed to be established under 
 the Act, except that no requirement need be made as to 
 the proportion of the expenses to be defrayed out of 
 private sources (sec. 5). 
 
 The provisions of sec. 5 of the Act as to blind and 
 deaf children (p. 46), with regard to the powers of a local 
 education authority under that Act apply, with the neces- 
 sary modifications, to local education authorities acting 
 under this Act (sec. 6). 
 
 Grants from public money will be given in aid of the 
 education of defective or epileptic children (sec. 7). 
 
 The parent of a defective or epileptic child will be liable 
 to contribute towards the expenses of the child incurred 
 by a local education authority, but will not, by reason of 
 any payment made under the Act in respect of the child, 
 be deprived of any franchise or be subject to any disability 
 (sec. 8). 
 
 No duty attaches to a local education authority to 
 receive in a special class or school established by them 
 any child who is resident in, or whose permanent home in 
 their opinion is in, the district of another local education 
 authority ; or who is resident in a workhouse, or in any 
 institution to which he has been sent by the guardians
 
 ELEMENTARY EDUCATION. 51 
 
 from a workhouse, or boarded out by the guardians ; 
 unless that other authority or the guardians, as the case 
 may be, are willing to contribute towards the expenses of 
 the education and maintenance of the child such sum as 
 may be agreed on (sec. 10). 
 
 For the purpose of the Elementary Education Acts, a 
 defective or epileptic boy or girl is to be deemed to be 
 a child until the age of sixteen years, and the period of 
 compulsory education is to extend to sixteen years, and 
 the attendance of such a child at school may be enforced 
 as if it were required by bye-laws, and the child is not, 
 under such bye-laws, to be entitled to total or partial 
 exemption from the obligation to attend school (sec. n). 
 
 The expression " school " includes any institution in 
 which defective or epileptic children are boarded or lodged 
 as well as taught, and any establishment for boarding or 
 lodging children taught in a certified special class or school 
 (sec. 14). 
 
 ATTENDANCE OF CHILDREN AT SCHOOL AND 
 RESTRICTIONS ON EMPLOYMENT OF CHILDREN. 
 
 Attendance at School. 
 
 The Elementary Education Act, 1876, declares that it 
 shall be the duty of the parent of every child to cause 
 such child to receive efficient elementary instruction in 
 reading, writing, and arithmetic, and on the local education 
 authorities devolves the enforcement of the provisions for 
 securing the performance of this duty. 
 
 Bye-laws as to School A ttendance. 
 
 The local education authority are empowered from 
 time to time to make bye-laws as to school attendance, 
 and where the local education authority are a county 
 council they may make different bye-laws for different 
 parts of the area under their jurisdiction (33 & 34 Viet, 
 c. 75, sec. 74; 2 Edw. 7, c. 42, Third Schedule (4)).
 
 52 SUMMARY OF EDUCATION ACTS. 
 
 The bye-laws may require the parents of children of an 
 age not less than five years nor more than fourteen years 
 the age being fixed by the bye-laws to cause their 
 children to attend school, unless there is some " reasonable 
 excuse." 
 
 When a child is under efficient instruction in some other 
 manner, or when the absence from school is on account of 
 sickness, or any unavoidable cause, or where there is no 
 public elementary school which the child can attend within 
 a distance not exceeding three miles, by the nearest road, 
 from the residence of the child the distance being fixed 
 by the bye-laws it is to be deemed a " reasonable excuse." 
 
 The bye-laws may also determine the time during which 
 children are to attend school, but they are not to prevent 
 the withdrawal of any child from any religious observance 
 or instruction at the school, nor require the child's attend- 
 ance at school on any day exclusively set apart for 
 religious observance by the religious body to which the 
 parent of the child belongs, nor be contrary to anything 
 contained in any Act for regulating the education of 
 children employed in labour. 
 
 Any child between twelve and fourteen years of age 
 whom one of His Majesty's Inspectors certifies to have 
 reached such standard of education as may be specified in 
 the bye-laws, is to be wholly or partially exempted from 
 the obligation to attend school. 
 
 This is subject to the provision that, in the case of 
 children to be employed in agriculture, thirteen years may 
 be fixed by the bye-laws as the minimum age for exemp- 
 tion from school attendance, and when this is done any 
 such children over eleven and under thirteen years of age, 
 who have passed the standard fixed for partial exemption 
 from school attendance by the bye-laws, shall not be 
 required to attend school more than two hundred and fifty 
 times in any year. 
 
 Further, a child is entitled to obtain partial exemption 
 from school attendance on attaining the age of twelve 
 years, if such child has made three hundred attendances
 
 ELEMENTARY EDUCATION. 53 
 
 in not more than two schools during each year for five 
 preceding years, whether consecutive or not (33 & 34 Viet., 
 c. 75, sec. 74; 56 & 57 Viet, c. 51 ; 62 & 63 Viet, c. 13, 
 sec. i ; 63 & 64 Viet, c. 53, sec. 6). 
 
 Bye-laws may also be made providing for the remission 
 of school fees in the case of children of poor parents, 
 when such fees are payable, imposing penalties for breach 
 of the bye-laws, and revoking or altering bye-laws pre- 
 viously made. 
 
 The bye-laws are not to come into operation until 
 sanctioned by the Board of Education. Not less than 
 one month before they are submitted to the Board for 
 sanction, a printed copy is to be deposited for inspection 
 at the office of the authority, and notice is to be given of 
 the deposit ; and a copy is to be given gratis to any rate- 
 payer. The bye-laws when sanctioned come into operation 
 and have effect as if they were statutory enactments (33 
 & 34 Viet, c. 75, sec. 74 ; 63 & 64 Viet, c. 53, sec. 6). 
 
 The bye-laws made by a school board or school attend- 
 ance committee continue in force as if made by the local 
 education authority, and may be revoked or altered accord- 
 ingly (2 Edw. 7, c. 42, Second Schedule (8)). 
 
 When bye-laws have been made and sanctioned it is the 
 duty of the local education authority to enforce them. No 
 legal proceedings for non-attendance or irregular attend- 
 ance at school are to be commenced by a person appointed 
 to carry out the compulsory bye-laws of the authority 
 except by direction of not less than two members of the 
 education committee or of any sub-committee appointed by 
 the committee for school attendance purposes (39 & 40 
 Viet., c. 79, sees. 23, 38 ; 2 Edw. 7, c. 42, Third Schedule (3)). 
 
 No penalty for the breach of a bye-law is to exceed 
 such sum as with the costs will amount to twenty shillings 
 for each offence (33 & 34 Viet, c. 75, sec. 74 ; 63 & 64 Viet, 
 c. 53, sec. 6). 
 
 Under the 33 & 34 Viet, c. 75, sec. 74, it was optional 
 with a school board whether or not they would make bye- 
 laws as to the school attendance of children, but by sec. 2
 
 54 SUMMARY OF EDUCATION ACTS. 
 
 of the Act of 1880, it was rendered the duty of the school 
 board of every school district in which bye-laws were not 
 in force at the passing of that Act (the 26th August, 1880) 
 forthwith to make bye-laws for their district. If at any 
 time after the 3ist December, 1880, it appeared to the 
 Education Department that in any district there were no 
 bye-laws in force as to the attendance of children at 
 school, the Education Department were empowered either 
 to proceed as if the school board had made default in the 
 performance of their duty, or themselves to make bye-laws 
 as to school attendance for the district. Bye-laws so made 
 by the Education Department or the Board of Education 
 have the same effect and are to be enforced and be subject 
 to revocation and alteration as if they had been made by 
 the school board and had been sanctioned by the Board of 
 Education. 
 
 As to the power of a local education authority where 
 bye-laws are in force to obtain reasonable information from 
 the managers of a public elementary school as to the 
 attendance at the school of children residing in their 
 district, see p. 37. 
 
 A justice may summon a parent or employer of a child 
 required by a bye-law to attend school, to produce the 
 child before a court of summary jurisdiction, and if without 
 reasonable excuse he fails to do so, he will be liable to a 
 penalty not exceeding twenty shillings (36 & 37 Viet., 
 c. 86, sec. 24). 
 
 In proceedings for breach of a bye-law, a certificate pur- 
 porting to be under the hand of the principal teacher of a 
 public elementary school, stating that a child is or is not 
 attending the school, or stating the particulars of the 
 attendance of the child, or stating that the child has been 
 certified by one of His Majesty's Inspectors of Schools to 
 have reached a particular standard of education, will be 
 evidence of the facts stated in the certificate (36 & 37 
 Viet., c. 86, sec. 24). 
 
 Where a child is apparently of the age alleged for the 
 purpose of the proceeding, it will lie on the defendant to
 
 ELEMENTARY EDUCATION. 55 
 
 prove that the child is not of such age. It will also be for 
 the defendant to show in a case where a child is attending 
 an elementary school which is not a public elementary 
 school, that the school is efficient ; and where the local 
 education authority in consequence of the default of the 
 managers or proprietor of an elementary school are unable 
 to ascertain whether a child attends such school in con- 
 formity with the bye-laws, it will lie on the defendant 
 to prove that the child has duly attended the school 
 (36 & 37 Viet., c. 86, sec. 24). 
 
 In proceedings for an offence under a bye-law, the court, 
 instead of inflicting a penalty, may make an order directing 
 that the child shall attend school ; and if the child fails to 
 do so, the person on whom the order is made is to pay a 
 penalty not exceeding that prescribed for breach of the 
 bye-laws (36 & 37 Viet., c. 86, sec. 24). 
 
 Proceedings may, in the discretion of the local educa- 
 tion authority or person instituting the same, be taken 
 for punishing the contravention of a bye-law, notwith- 
 standing that the act or neglect or default alleged as 
 such contravention constitutes habitual neglect to provide 
 efficient elementary education for a child within the mean- 
 ing of sec. ii of the Elementary Education Act, 1876 
 (see p, 56) (43 & 44 Viet., c. 23, sec. 4). 
 
 Bye-laws are not invalid by reason of their being more 
 stringent than the provisions of the Act of 1876, and when 
 any act, neglect, or default is punishable under that Act, 
 and also under a bye-law for the time being in force, the 
 proceedings may be instituted either under the Act or 
 the bye-laws, so that proceedings be instituted under one 
 enactment or bye-law only in respect of the same offence 
 (39 & 40 Viet., c. 79, sec. 50). 
 
 Additional powers for the enforcement of school attend- 
 ance are conferred on the local education authority by 
 the Elementary Education Act, 1876. These are referred 
 to subsequently (see p. 56). 
 
 With regard to the cases of blind and deaf children and 
 defective and epileptic children, see pp. 44, 47.
 
 56 SUMMARY OF EDUCATION ACTS. 
 
 School A ttendance Orders. 
 
 In any case in which the parent of a child who is under 
 the age of twelve years, or who being between the ages 
 of twelve and fourteen years is prohibited from being 
 taken into full time employment (see p. 58), habitually 
 and without "reasonable excuse" neglects to provide 
 efficient elementary education for the child, and in any 
 case in which a child within the limits of age referred 
 to is found habitually wandering, or not under proper 
 control, or in the company of rogues, vagabonds, dis- 
 orderly persons, or reputed criminals, the local education 
 authority, after due warning to the parent, may com- 
 plain to a court of summary jurisdiction. The court, if 
 satisfied of the truth of the complaint, will be empowered 
 to make an order termed an " attendance order," requiring 
 that the child shall attend such "certified efficient school" 
 willing to receive him as the parent may select, and in 
 the event of the parent not making a selection, such public 
 elementary school as the court may think expedient. The 
 school which the child is to attend is to be named in the 
 order, and the child is to attend such school every time 
 that it is open, or in such other regular manner as the 
 order may specify (39 & 40 Viet., c. 79, sec. n). 
 
 The term " certified efficient school " includes not only 
 a public elementary school but any elementary school 
 which is not conducted for private profit, provided the 
 following conditions are fulfilled : (i) That it is open at 
 all reasonable times to the inspection of His Majesty's 
 Inspector of Schools ; (2) that like attendance as in a 
 public elementary school is required of the scholars ; (3) 
 that such registers of attendance as are from time to time 
 prescribed by the Board of Education are duly kept ; and 
 (4) that it is certified by the Board of Education to be 
 an efficient school. 
 
 For the purpose of this section either of the following 
 reasons is to be deemed a "reasonable excuse:" (i) That 
 there is not within two miles, measured according to the
 
 ELEMENTARY EDUCATION. 57 
 
 nearest road, from the residence of the child, any public 
 elementary school open which the child can attend ; or (2) 
 that the absence of the child from school has been caused 
 by sickness or any unavoidable cause (sec. 1 1). 
 
 When an attendance order is not complied with, and 
 there is no " reasonable excuse " for the non-attendance of 
 the child at school, the local education authority may make 
 complaint to a court of summary jurisdiction. In a first 
 case of non-compliance, if the parent fails to satisfy the 
 court that he has used all reasonable efforts to ensure the 
 child's attendance at school in accordance with the order, 
 a penalty may be imposed, but the penalty, with the costs, 
 is not to exceed twenty shillings. If, however, the parent 
 satisfies the court that all reasonable efforts have been 
 made by him to enforce compliance with the order, the 
 court may, without inflicting a penalty, order the child to 
 be sent to a " certified day industrial school " (see p. 42), 
 or if it appears that there is no such school suitable for 
 the child, then to a certified industrial school. 
 
 In the second or any subsequent case of non-compliance 
 with an attendance order, the court may order the child to 
 be sent to a certified day industrial school, or, where there is 
 no suitable school of that character, to a certified industrial 
 school, and, in addition, impose a penalty on the parent, 
 subject to the limit as to amount above referred to ; or if 
 they think fit, they may for each case of non-compliance 
 inflict this penalty without ordering the child to be sent to 
 an industrial school. 
 
 A complaint under this section with respect to a con- 
 tinuing non-compliance with an attendance order is not 
 to be repeated by the local education authority at any less 
 interval than two weeks. 
 
 Children sent to certified industrial schools or certified 
 day industrial schools under this enactment are to be sent 
 in like manner as if they were sent under the Industrial 
 Schools Acts, and they are to be deemed to be sent in 
 pursuance of those Acts. 
 
 The parent of a child sent to an industrial school or
 
 58 SUMMARY OF EDUCATION ACTS. 
 
 certified day industrial school will, therefore, be liable to 
 contribute to the cost of the maintenance and training of 
 the child, as in cases under the Industrial Schools Acts 
 (39 & 40 Viet., c. 79, sec. 12 ; 63 & 64 Viet., c. 53, sec. 6). 
 
 Restrictions on Employment of Children. 
 
 Under the Elementary Education Act, 1876, no person is 
 to take into his employment any child under the age of 
 [ten years], or any child between the ages of [ten] and 
 fourteen years who has not obtained a certificate, as pre- 
 scribed by that Act, of proficiency in reading, writing, and 
 elementary arithmetic, or of previous due attendance at a 
 certified efficient school, unless the child is employed and 
 is attending school in accordance with the provisions of the 
 Factory Act, or of a bye-law of a local education authority. 
 The attendance required for a certificate of previous due 
 attendance is raised by sec. 7 of the 63 & 64 Viet, c. 53, 
 from 250 to 350 attendances after five years of age in not 
 more than two schools during each year for five years 
 whether consecutive or not. As to limits of age, see p. 59. 
 
 There are certain exceptions. A person is not to be 
 deemed to have taken a child into employment within 
 the meaning of the Act if it is proved (i) that during 
 the employment there is not within two miles, measured 
 according to the nearest road, from the residence of the 
 child, any public elementary school open which the child 
 can attend ; or (2) that the employment, by reason of 
 being during the school holidays, or during hours when 
 the school is not open, or otherwise, does not interfere with 
 the efficient elementary instruction of the child, and that the 
 child obtains such instruction by regular attendance for 
 full time at a certified efficient school, or in some other 
 equally efficient manner. 
 
 A person who takes a child into his employment in 
 contravention of the Act of 1876, is liable to a penalty not 
 exceeding 40^. (39 & 40 Viet., c. 79, sees. 5, 6). 
 
 Under the provisions of the Elementary Education Acts,
 
 ELEMENTARY EDUCATION. 59 
 
 1880, 1893, 1899, and 1900, however, a person who takes 
 into his employment a child of the age of twelve and under 
 the age of fourteen years, resident in the district of a local 
 education authority, before that child has obtained a certi- 
 ficate of having reached the standard of education fixed by 
 a bye-law in force in the district for the total or partial 
 exemption of children of the like age from the obligation 
 to attend school, shall be deemed to take such child into 
 his employment in contravention of the Elementary Edu- 
 cation Act, 1876, and shall be liable to a penalty accord- 
 ingly. Except in the cases of children to be employed 
 in agriculture (see p. 52), a child under twelve years of 
 age cannot obtain total or partial exemption from school 
 attendance. 
 
 If any person takes a child into his employment in such 
 a manner as to prevent the child from attending school in 
 accordance with the bye-laws for the time being in force 
 in the district, this employment also is to be deemed to 
 be in contravention of the Elementary Education Act, 
 1876, and the person is to be liable to a penalty accord- 
 ingly (56 & 57 Viet, c. 51, sec. 2). 
 
 The employment of a child by his parent will be an 
 " employment " within the terms of the Acts if the employ- 
 ment is in any labour exercised by way of trade or for the 
 purposes of gain (39 & 40 Viet., c. 79, sec. 47). 
 
 If there is reasonable cause to believe that a child is 
 employed in any place in contravention of the Acts, a 
 justice of the peace may make an order empowering an 
 officer of the local education authority to enter the place at 
 any reasonable time within forty-eight hours and examine 
 the place and any person found therein, as to the employ- 
 ment of any child there. A person refusing admission to 
 the officer, or obstructing him in the discharge of his duty, 
 will for each offence be liable to a penalty not exceeding 
 20/. (39 & 40 Viet, c. 79, sec. 29). 
 
 If the offence of illegally employing a child is committed 
 by an agent or workman of an employer, he will be liable 
 to a penalty as if he were the employer.
 
 60 SUMMARY OF EDUCATION ACTS. 
 
 If a child is taken into employment in contravention 
 of the Acts, on the production by the parent of a false 
 or forged certificate, or on a false representation by the 
 parent that the child is of an age at which he could be 
 lawfully employed, the parent will' be liable to a penalty 
 not exceeding 4.0$. 
 
 If an employer charged with taking a child into his 
 employment in contravention of the Acts proves that he 
 has used due diligence to enforce the observance of the 
 provisions of the statutes, and either that the child has 
 been employed without his knowledge or consent by some 
 agent or workman, or that the child has been employed on 
 the production of a false or forged certificate, or on a false 
 representation by the parent as to the age of the child, 
 under the belief, in good faith, in the genuineness and truth 
 of the certificate or representation, the employer will be 
 exempt from the penalty. 
 
 In the case of an employer satisfying the local education 
 authority, inspector, or other person about to institute a 
 prosecution that he is exempt under this section, and giving 
 all facilities in his power for proceeding against the guilty 
 person, the proceedings are to be instituted against such 
 person and not against the employer (39 & 40 Viet, c. 79, 
 sec. 39). 
 
 The provisions as to the employment of children are to 
 be enforced by the local education authority, except as 
 regards children employed in factories, workshops, and 
 mines. In these cases the duty will devolve on the inspec- 
 tors and sub-inspectors appointed by the Secretary of State, 
 but the local authorities are to assist them by information 
 or otherwise (39 & 40 Viet, c. 79, sec. 7). 
 
 A ttendance of Children at School a Condition of 
 Outdoor Relief. 
 
 The Elementary Education Act, 1876, contains a provi- 
 sion which in certain cases renders the attendance of children 
 at school a necessary condition of relief out of the workhouse
 
 ELEMENTARY EDUCATION. 6l 
 
 being granted by the guardians. The enactment is to the 
 effect that where relief out of the workhouse is given by the 
 guardians or their order, by way of weekly or other con- 
 tinuing allowance, to the parent of a child between the 
 ages of five and fourteen years, or to any such child, it 
 shall be a condition for the continuance of the relief that 
 elementary education in reading, writing, and arithmetic 
 shall be provided for the child, if the child has not reached 
 the standard in reading, writing, and arithmetic prescribed 
 by Standard Three of the Code of 1876, or under the Act 
 of 1876 (see p. 58) is prohibited from being taken into 
 full time employment, or by the bye-laws in force in the 
 district is required to attend school. The guardians are 
 to give such further relief (if any) as may be necessary to 
 enable a child to attend school in pursuance of the section ; 
 but it is not to be a condition of the relief that the child 
 shall attend any public elementary school other than that 
 which is selected by the parent, nor is the relief to be 
 refused because the child attends or does not attend any 
 particular public elementary school. The guardians are 
 not, however, to give any relief to a parent in order to 
 enable him to pay more than the ordinary fee payable at 
 the school which he selects, and in no case is the fee to 
 exceed threepence per week (39 & 40 Viet, c. 79, sec. 40). 
 This restriction on the granting of relief is modified by 
 the Elementary Education Act, 1880, so far as regards any 
 district in which bye-laws are in force. The section pro- 
 vides that in such districts a child shall not, as a condition 
 of the continuance of relief out of the workhouse to him 
 or his parent, be required to attend school further or other- 
 wise than he is required to attend by a bye-law in force 
 in the district in which he is resident (43 & 44 Viet, c. 23, 
 sec. 5). 
 
 Returns to Local Authorities of Births and Deaths. 
 
 Sec. 25 of the Elementary Education Act, 1876, con- 
 tains provisions with the view of affording facilities for
 
 62 SUMMARY OF EDUCATION ACTS. 
 
 obtaining information as to the ages of children ; but these 
 are practically superseded by sec. 134 of the Factory and 
 Workshop Act, 1901, by which it is provided that where 
 the age of any child or young person under the age of 
 sixteen years is required to be ascertained or proved for 
 any purpose connected with the education or employment 
 in labour of the child or young person, any person shall 
 on presenting a written requisition in such form and con- 
 taining such particulars as the Local Government Board 
 prescribe, and on payment of a fee of sixpence, be 
 entitled to obtain a certified copy under the hand of the 
 superintendent registrar or registrar of the entry in the 
 register of births as to the birth of the child or young 
 person. The form of requisition is on request to be 
 supplied free of charge by the superintendent registrar or 
 registrar. 
 
 Provision is also made for arrangements under which 
 the registrar will furnish the local education authority with 
 returns of the births and deaths registered by him (39 & 40 
 Viet, c. 79, sec. 26). 
 
 Parliamentary Grants. 
 
 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 Board of 
 Education in force for the time being, and shall amongst 
 other matters provide that such grant shall not be made 
 in respect of any instruction in religious subjects. But these 
 conditions are not to require that the school shall be in 
 connection with a religious denomination, 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 local education authority 
 (33 & 34 Viet, c. 75, sec. 97). 
 
 An elementary school is not a public elementary school 
 unless the school is conducted in accordance with the 
 conditions required to be fulfilled by an elementary school
 
 ELEMENTARY EDUCATION. 63 
 
 in order to obtain an annual parliamentary grant (see 
 p. 1 8). 
 
 In the case of a public elementary school not provided 
 by the local education authority certain further conditions 
 already referred to (see p. 32) must also be complied with. 
 
 The managers of an elementary school have power to 
 fulfil the conditions required by the Elementary Education 
 Act, 1870, to be fulfilled in order to obtain a parliamentary 
 grant, notwithstanding any provision in any instrument 
 relating to the trusts or management of their school (33 & 
 34 Viet, c. 75, sec. 99). 
 
 This provision extends to the fulfilment of any conditions, 
 the performance of any duties, and the exercise of any 
 powers under the Education Act, 1902 (2 Edw. 7, c. 42, 
 Third Schedule (7)). 
 
 Aid Grant. 
 
 In lieu of the grants under the Voluntary Schools Act, 
 1897, and under sec. 97 of the Elementary Education Act, 
 1870, as amended by the Elementary Education Act, 1897, 
 but in addition to the annual grants for public elementary 
 schools under the code of the Board of Education, there is 
 to be annually paid to every local education authority, 
 out of moneys provided by Parliament 
 
 (a) A sum equal to four shillings per scholar ; and 
 
 (b) An additional sum of three halfpence per scholar 
 for every complete twopence per scholar by which the 
 amount which would be produced by a penny rate on 
 the area of the authority falls short of ten shillings a 
 scholar. In estimating the produce of a penny rate 
 in the area of a local education authority not being a 
 county borough, the rate is to be calculated upon the 
 county rate basis, which, in cases where part only of a 
 parish is situated in the area of the local education 
 authority, is to be apportioned in such manner as the 
 Board of Education think just. 
 
 But if in any year the total amount of parliamentary 
 grants payable to a local education authority would make
 
 64 SUMMARY OF EDUCATION ACTS. 
 
 the amount payable out of other sources by that authority 
 on account of their expenses under the Part of the Edu- 
 cation Act, 1902, relating to elementary education less 
 than the amount which would be produced by a rate of 
 threepence in the pound, the parliamentary grants are to 
 be decreased, and the amount payable out of other sources 
 is to be increased by a sum equal in each case to half 
 the difference. 
 
 For the purposes of this provision the number of 
 scholars is to be taken to be the number of scholars in 
 average attendance, as computed by the Board of Edu- 
 cation, in public elementary schools maintained by the 
 authority (2 Edw. 7, c. 42, sec. 10). 
 
 Special Grants to Schools. 
 
 Where a school is situate in a parish under the juris- 
 diction of the council of the county as the local education 
 authority, and the population of the parish is less than 
 300, or the population within two miles, measured accord- 
 ing to the nearest road, from the school, is less than 300, 
 and there is no other public elementary school recog- 
 nized by the Board of Education as available for the 
 children of that parish, or that population, as the case 
 may be, a special parliamentary grant may be made 
 annually to the school to the amount, if the population 
 exceeds 200, of io/., and if it does not exceed 200, of I5/. 
 This provision also applies in the case of a school situate 
 in a borough or urban district of which the council are the 
 local education authority, where the population within two 
 miles from the school is less than 300 (39 & 40 Viet., c. 79, 
 sec. 19 ; 2 Edw. 7, c. 42, Third Schedule (i)). 
 
 A special grant may also be made where the popu- 
 lation of a parish under the jurisdiction of the council 
 of a county as the local education authority, in which a 
 public elementary school is situate, or the population 
 within two miles, measured according to the nearest road, 
 from the school, is less than 500, and there is no other
 
 ELEMENTARY EDUCATION. 65 
 
 public elementary school recognized by the Board of 
 Education as available for the children of that parish or 
 that population, as the case may be. The special annual 
 parliamentary grant which may be made under this pro- 
 vision is io/. This grant is also payable where a school 
 is situate in a borough or urban district of which the 
 council are the local education authority, where the popu- 
 lation within two miles from the school is less than 500 
 (53 & 54 Viet, c. 22; 2 Edw. 7, c. 42, Third Schedule (i)). 
 
 Fee Grants. 
 
 Fee grants are paid under the Elementary Education 
 Act, 1891. 
 
 The fee grant in aid of the cost of elementary education 
 is at the rate of ten shillings a year for each child of the 
 number of children over three and under fifteen years 
 of age in average attendance at any public elementary 
 school the managers of. which are willing to receive the 
 grant, and in which the Board of Education are satisfied 
 that the regulations as to fees are in accordance with the 
 prescribed statutory conditions. 
 
 If in any case there is a failure to comply with any of 
 these conditions, and the Board of Education are satisfied 
 that there was a reasonable excuse for the failure, the 
 Board may pay the fee grant, but in that case, if the 
 amount received from fees has exceeded the amount 
 allowed by the Act, they are to make a deduction from 
 the fee grant equal to that excess (54 & 55 Viet., c. 56, 
 sec. i). 
 
 In any school receiving the fee grant (a) where the 
 average rate of fees received during the school year ended 
 last before the ist of January, 1891, was not in excess of 
 ten shillings a year for each child of the number of children 
 in average attendance at the school ; or (b) for which an 
 annual parliamentary grant had not fallen due before the 
 ist of January, 1891, no fee is, except as provided by the 
 Act, to be charged for children over three and under 
 fifteen years of age. 
 
 F
 
 66 SUMMARY OF EDUCATION ACTS. 
 
 In any school receiving the fee grant where the average 
 rate was so in excess, the fees to be charged for children 
 over three and under fifteen years of age are not, except 
 as provided by the Act, to be such as to make the average 
 rate of fees for all such children exceed for any school 
 year the amount of the excess (sec. 2). 
 
 In any school receiving the fee grant, where the 
 average rate charged and received in respect of fees and 
 books, and for other purposes, during the school year 
 ended last before the ist of January, 1891, was not in 
 excess of ten shillings a year for each child of the number 
 of children in average attendance at the school, no charge 
 of any kind is to be made for any child over three and 
 under fifteen years of age (sec. 3). 
 
 Notwithstanding the foregoing provisions, if the Board 
 of Education are satisfied that sufficient public school 
 accommodation, without payment of fees, has been pro- 
 vided for a school district, and that the charge of school 
 fees or the increase of school fees for children over three 
 and under fifteen years of age in any particular school 
 receiving the fee grant is required owing to a change of 
 population in the district, or will be for the educational 
 benefit of the district, or any part of the district, they 
 may from time to time approve the charge or increase of 
 fees in that school, provided that the ordinary fee for the 
 children shall not exceed sixpence a week. 
 
 The Board of Education may, if they think fit, make 
 it an express condition of their approval that the amount 
 received for any school year from the fees so charged or 
 increased, or a specified portion of that amount, shall be 
 taken in reduction of the fee grant which would otherwise 
 have been payable for that school year, and in that case 
 the fee grant is to be reduced accordingly (sec. 4). 
 
 EXPENSES OF LOCAL EDUCATION AUTHORITY. 
 
 The expenses of a local education authority incurred in 
 respect of elementary education or under the Elementary
 
 ELEMENTARY EDUCATION. 6/ 
 
 Education Acts, so far as not otherwise provided for, are 
 to be paid in the case of the council of a county out of the 
 county fund, and in the case of the council of a borough 
 out of the borough fund or rate, or if no borough rate is 
 levied out of a separate rate to be made, assessed, and 
 levied in like manner as the borough rate, and in the case 
 of the council of an urban district other than a borough in 
 manner provided by sec. 33 of the Elementary Education 
 Act, 1876. 
 
 This is subject to the following provisions : 
 (i.) The council of a county are not to raise any sum 
 on account of their expenses as the local education 
 authority in respect of elementary education within 
 any borough or urban district the council of which 
 are the local education authority for that purpose. 
 (2.) The council of a county are to charge such portion 
 as they think fit, not being less than one-half or more 
 than three-fourths, of any expenses incurred by them 
 in respect of capital expenditure or rent on account 
 of the provision or improvement of any public 
 elementary school on the parish or parishes which, in 
 the opinion of the council, are served by the school. 
 (3.) The county council are to raise such portion as they 
 think fit, not being less than one-half or more than 
 three-fourths, of any expenses incurred to meet the 
 liabilities on account of loans or rent of any school 
 board which are transferred to them, exclusively within 
 the area which formed the school district in respect 
 of which the liability was incurred, so far as it is 
 within their area. 
 
 (4.) Where under any local Act the expenses incurred in 
 a borough for the purpose of the Elementary Educa- 
 tion Acts are payable out of some fund or rate other 
 than the borough fund or rate, the expenses of the 
 council of the borough are to be payable out of that 
 fund or rate instead of the borough fund or rate 
 (2 Edw. 7, c. 42, sec. 18). 
 Where, before the i8th December, 1902, fees have been
 
 68 SUMMARY OF EDUCATION ACTS. 
 
 charged in any public elementary school not provided by 
 the local education authority, that authority shall, while 
 they continue to allow fees to be charged in respect of 
 the school, pay such proportion of the fees as may be 
 agreed upon, or, in default of agreement, determined by 
 the Board of Education, to the managers (sec. 14). 
 
 All receipts in respect of any school maintained by a 
 local education authority, including any parliamentary 
 grant, but excluding sums specially applicable for purposes 
 for which provision is to be made by the managers, are to 
 be paid to the local education authority (sec. 18 (2)). 
 
 Separate accounts of receipts and expenditure by a 
 council of a borough under the Act are to be kept, and 
 these accounts are to be made up and audited in like 
 manner and subject to the same provisions as the accounts 
 of a county council, and the enactments relating to the 
 audit of these accounts, and to all matters relating thereto 
 and consequential thereon, including all penal provisions, 
 apply in lieu of the provisions of the Municipal Corpora- 
 tions Act, 1882, relating to accounts and audit (sec. 18 (3)). 
 
 Where any receipts or payments of money are en- 
 trusted by the local education authority to any education 
 committee, or to the managers of any public elementary 
 school, the accounts of those receipts and payments will 
 be accounts of the local education authority, but the auditor 
 of those accounts will have the same powers with respect 
 to managers as he would have if the managers were officers 
 of the local education authority (sec. 18 (5)). 
 
 BORROWING POWERS. 
 
 The local education authority may borrow for the 
 purposes of the Elementary Education Acts, 1870 to 1900, 
 and the Education Act, 1902, in the case of a county 
 council as for the purposes of the Local Government Act, 
 1888, and in the case of the council of a county borough, 
 borough, or urban district as for the purposes of the 
 Public Health Acts, but the money borrowed by a county
 
 ELEMENTARY EDUCATION. 69 
 
 borough, borough, or urban district council shall be 
 borrowed on the security of the fund or rate out of which 
 the expenses of the council are payable. As to the 
 expenses of local education authorities, see p. 66. 
 
 Money so borrowed is not to be reckoned as part of the 
 total debt of a county for the purposes of sec. 69 of the 
 Local Government Act, 1888, or as part of the debt of a 
 county borough, borough, or urban district for the purpose 
 of the limitation on borrowing under sub-sees. 2 and 3 of 
 sec. 234 of the Public Health Act, 1875 (2 Edw. 7, c. 42, 
 sec. 19). 
 
 DEFAULT OF DUTY OF LOCAL EDUCATION 
 AUTHORITY. 
 
 If the local education authority fail to fulfil any of 
 their duties under the Elementary Education Acts or the 
 Education Act, 1902, the Board of Education may, after 
 holding a public inquiry, make such order as they think 
 necessary or proper for the purpose of compelling the 
 authority to fulfil their duty, and any. such order may be 
 enforced by mandamus (2 Edw. 7, c. 42, sec. 16). 
 
 SUPERANNUATION, &c., OF SCHOOL TEACHERS. 
 
 The Act 6 1 & 62 Viet, c. 57, provides for superannuation 
 and other annuities and allowances to elementary school 
 teachers certificated by the Board of Education. 
 
 As regards teachers certificated after the ist April, 
 1899, no such teacher will be recognized as a certificated 
 teacher by the Board of Education unless the Board are 
 satisfied in the prescribed manner of his physical capacity. 
 In the case of a teacher who becomes certificated after 
 the date referred to : 
 
 His certificate will expire on his attaining the age of 
 sixty-five years, or, if the Board of Education, on account 
 of his special fitness, allow his service to continue for a 
 further limited time, then on the expiration of that limited 
 time ;
 
 70 SUMMARY OF EDUCATION ACTS. 
 
 The teacher, while serving in recorded service, is to 
 contribute to a deferred annuity fund at the rate, if a 
 man, of 3/., and if a woman, of 2/., a year, or at such 
 increased rate as may for the time being be fixed by 
 the Treasury ; 
 
 On his attaining the age of sixty-five years, or on any 
 later date at which his certificate expires, he will be 
 entitled, out of the deferred annuity fund, to such annuity 
 for the remainder of his life in respect of his contributions 
 to that fund as may be fixed by tables under the Act, 
 but he will not be entitled to any return of contributions, 
 or to any benefits in respect of his contributions other 
 than that annuity ; 
 
 On his attaining the age of sixty-five years, or on any 
 later date at which his certificate expires, if he has con- 
 tributed to the deferred annuity fund in accordance with 
 the Act, and his years of recorded service are not less 
 than half the number of years which have elapsed since 
 he became certificated, the Treasury may grant to him, 
 out of moneys provided by Parliament, an annual super- 
 annuation allowance calculated at the rate of ten shillings 
 for each complete year of recorded service. 
 
 Subject to certain conditions, a teacher who has become 
 physically incapable, owing to infirmity of mind or body, 
 of being an efficient teacher in a public elementary school, 
 may be awarded out of moneys provided by Parliament 
 an annual allowance called a " disablement allowance." 
 
 The contributions under the Act from certificated 
 teachers are to be paid to the Board of Education at the 
 prescribed time and in the prescribed manner by the 
 teachers or their employers, and the receipt of the Board 
 of Education for the amount of a contribution paid by 
 the employer of a teacher will be a good discharge for 
 the like amount of remuneration otherwise payable to the 
 teacher. 
 
 As regards teachers who became certificated before the 
 1st April, 1899, each such teacher was given the option 
 of accepting the Act. When the Act was accepted by
 
 GENERAL PROVISIONS. 7 1 
 
 any such teacher within the prescribed time, it applies 
 to him with the following modifications : 
 
 The rate of ten shillings upon which the superannuation 
 allowance is calculated may be augmented in the case 
 of a man by threepence, and in the case of a woman by 
 twopence, for each complete year of recorded service 
 served before the 1st April, 1899 ; 
 
 If the teacher at the date of the acceptance had attained 
 the age of sixty-five years or any greater age, and had 
 served in recorded service throughout the seven years 
 next before the commencement of the Act, the provisions 
 with respect to the expiration of the certificate will apply 
 as if the date of the acceptance were substituted for the 
 date at which the teacher attained the age of sixty-five 
 years ; 
 
 If the teacher had not at the date of the acceptance 
 attained the age of sixty-five, he must serve in recorded 
 service after the ist April, 1899, and where, during any 
 part of the seven years next before that date, he was 
 not in recorded service, the duration of the recorded 
 service after that date must not be less than that said 
 part of the seven years. 
 
 Every annuity and allowance under the Act will be 
 payable quarterly at such times as may be fixed by the 
 Treasury, and any assignment of, or charge on, and every 
 agreement to assign or charge any annuity or allowance 
 to a teacher under the Act is void. 
 
 A superannuation allowance or disablement allowance 
 may be forfeited by misconduct, and there are provisions 
 for punishment for fraud or personation. 
 
 GENERAL PROVISIONS. 
 
 Conferences of Local Education Authorities. 
 
 The local education authority may, subject to the regu- 
 lations made by the Board of Education, pay the reason- 
 able expenses of any members of the authority, or of the
 
 72 SUMMARY OF EDUCATION ACTS. 
 
 clerk of the authority, in attending any conference of local 
 education authorities held for the purpose of discussing any 
 matter connected with their duties, and any reasonable 
 annual or other subscription towards the expenses of the 
 conference. The local education authority may not pay 
 the expenses of more than three persons attending a con- 
 ference. The Board of Education may make such regu- 
 lations as they think fit for regulating payments and the 
 amount of payment by local education authorities (60 & 61 
 Viet, c. 33). 
 
 Inquiries by Board of Education. 
 
 The Board of Education may, if they think fit, hold a 
 public inquiry for the purpose of the exercise of any of 
 their powers or the performance of any of their duties 
 under the Education Act, 1902. 
 
 When a public inquiry is held under the Elementary 
 Education Acts or the Education Act, 1902, the Board of 
 Education are to appoint some person who is to proceed 
 to hold the inquiry. The person so appointed is to hold 
 a sitting in some convenient place in the neighbourhood to 
 which the subject of inquiry relates, and thereat is to 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 is to 
 be published in such manner as the Board of Education 
 direct of sittings (except adjourned sittings), seven days at 
 least before the holding thereof. The person appointed is 
 to make a report in writing to the Board of Education 
 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. The Board 
 of Education are to cause a copy of the report to be 
 deposited with the local education authority. The Board 
 of Education may make an order directing that the costs
 
 GENERAL PROVISIONS. 73 
 
 of the proceedings and inquiry shall be paid, either by the 
 district as if they were expenses of the local education 
 authority, or by the applicants for the inquiry ; and the 
 costs may be recovered, in the former case, as a debt due 
 from the local education authority, and, in the case of the 
 applicants, as a debt due jointly and severally from them. 
 The Board of Education may, if they think fit, before 
 ordering the inquiry to be held, require the applicants to 
 give security for the expenses, and in case of their refusal 
 may refuse to order the inquiry to be held (2 Edw. 7, c. 42, 
 sec. 23 (10) ; 33 & 34 Viet., c. 75, sec. 73). 
 
 Inquiries by Local Government Board. 
 
 In the case of inquiries by the Local Government 
 Board, sub-sees. I and 5 of sec. 87 of the Local Govern- 
 ment Act, 1888 (which relate to local inquiries), apply with 
 respect to any order, consent, sanction, or approval which 
 the Local Government Board are authorized to make or 
 give under the Education Act, 1902 (2 Edw. 7, c. 42, sec. 
 23 (9))- 
 
 Modification of Acts. 
 
 The Local Government Board may, after consultation 
 with the Board of Education, by order make such adapta- 
 tions in the provisions of any local Act (including any Act 
 to confirm a provisional order and any scheme under the 
 Municipal Corporations Act, 1882, as amended by any 
 subsequent Act) as may seem to them to be necessary to 
 make those provisions conform with the provisions of the 
 Education Act, 1902, and may also in like manner, on the 
 application of any council who have power as to education 
 under that Act and have also powers as to education under 
 any local Act, make such modifications in the local Act as 
 will enable the powers under that Act to be exercised as if 
 they were powers under the Act of 1902. Any such order 
 shall operate as if enacted in the Act (2 Edw. 7, c. 42, 
 Third Schedule (12)).
 
 74 SUMMARY OF EDUCATION ACTS. 
 
 The substitutions of local education authorities for school 
 boards, the areas for which the local education authorities 
 act for school districts, the fund or rate out of which the 
 expenses of the local education authorities are payable for 
 school fund, and local rate are, unless the context otherwise 
 requires, to be made in any enactment referring to or 
 applying the Elementary Education Acts, 1870 to 1900, 
 or any of them, so far as the reference or application 
 extends (Third Schedule (10)). 
 
 Effect of References in certain Acts, &c., to Technical 
 Instruction Acts, 1889 and 1891. 
 
 References in any enactment or in any provision of a 
 scheme under the Charitable Trusts Acts, 1853 to 1894, 
 or the Endowed Schools Acts, 1869 to 1889, or the 
 Elementary Education Acts, 1870 to 1900, to any pro- 
 visions of the Technical Instruction Acts, 1889 and 1891, 
 or either of those Acts, are, unless the context otherwise 
 requires, to be construed as references to the provisions of 
 Part II. of the Education Act, 1902 (as to higher education), 
 and the provisions of that Act are to apply with respect to 
 any school, college, or hostel established, and to any obli- 
 gation incurred, under the Technical Instruction Acts, 
 1889 and 1891, as if the school, college, or hostel had been 
 established or the obligation incurred under Part II. of the 
 Act of 1902 (2 Edw. 7, c. 42, Third Schedule (n)). 
 
 Miscellaneous Provisions. 
 
 Provision of Vehicles, &c.,for Teachers and Children. 
 
 The powers of the local education authority include 
 the provision of vehicles or the payment of reasonable 
 travelling expenses for teachers or children attending 
 school when the council consider such provision or pay- 
 ments required by the circumstances of their area or of any 
 part of it (2 Edw. 7, c. 42, sec. 23).
 
 POWERS OF BOARDS OF GUARDIANS. 75 
 
 Notices, &c. 
 
 The Elementary Education Acts contain provisions with 
 respect to the publication of notices, the signature and 
 service of notices and certificates, the admission of orders 
 of the Board of Education as evidence, and other similar 
 matters, to which it is unnecessary to refer in detail in the 
 present statement. 
 
 POWERS AND DUTIES OF BOARDS OF 
 GUARDIANS. 
 
 Contributions by Guardians to Expenses of Public 
 Elementary Schools. 
 
 The board of guardians of a union may contribute 
 towards such of the expenses of providing, enlarging, or 
 maintaining any public elementary school as are certified 
 by the Board of Education to have been incurred wholly 
 or partly in respect of scholars taught at the school, who 
 are either resident in a workhouse, or in an institution 
 to which they have been sent by the guardians from a 
 workhouse, or are boarded out by the guardians (63 & 
 64 Viet., c. 53, sec. 2). 
 
 Boards of guardians have similar powers with reference 
 to contributions to expenses of providing, enlarging, or 
 maintaining certified special classes or schools for defective 
 and epileptic children. The local education authority 
 have no duty imposed on them to receive in any such 
 special class or school established by them any child who 
 is resident in a workhouse, or in any institution to which 
 he has been sent by the guardians from a workhouse, or 
 is boarded out by the guardians, unless the guardians are 
 willing to contribute towards the education and mainte- 
 nance of the child such sum as may be agreed on between 
 the authorities concerned.
 
 76 SUMMARY OF EDUCATION ACTS. 
 
 With respect to the powers of guardians in the case 
 of blind and deaf children, see p. 47, and in the case of 
 children sent to a certified day industrial school, p. 43. 
 
 Payment of School Fees by Guardians. 
 
 When a parent, not being a pauper, by reason of 
 poverty is unable to pay the ordinary fee for his child 
 at a public elementary school, and the payment of a fee 
 is necessary to entitle the child to attend the school, he 
 is to apply to the guardians having jurisdiction in the 
 parish in which he resides, and the guardians, if satisfied of 
 his inability, are to pay the fee, not exceeding three pence 
 a week, or such part as the parent in the opinion of the 
 guardians is unable to pay. The parent is not to be con- 
 trolled by the guardians in his selection of the public 
 elementary school which his child shall attend, and the 
 payment of the school fee by the guardians is not to 
 deprive him of any franchise or right, or subject him to 
 any disability or disqualification (39 & 40 Viet, c. 79, 
 sec. 10). 
 
 The provisions as to the payment of the school fees in 
 the case of pauper children have already been referred to 
 (p. 60). 
 
 The moneys given by boards of guardians for the pay- 
 ment of school fees for the children of parents who are 
 not paupers, when such fees are payable, are to be charged 
 to the parish in which the parent is resident, in like 
 manner as other parochial charges. The same mode of 
 charging is to be adopted in any case in which the 
 guardians give a parent relief to enable him to pay the 
 amount required in respect of a child sent to a certified 
 day industrial school (see p. 43). 
 
 Relief given by the guardians for the attendance at 
 school of pauper children, when relief for this purpose is 
 necessary, will be paid out of the common fund of the 
 union. In the metropolis the relief thus given will be 
 repayable from the Metropolitan Common Poor Fund.
 
 TRANSITORY PROVISIONS. 77 
 
 TRANSITORY PROVISIONS. 
 
 Transfer of Properties, &c., of School Boards and School 
 A t tendance Coin in it tees. 
 
 The property, powers, rights, and liabilities (including 
 any property, powers, rights, and liabilities vested, con- 
 ferred, or arising under any local Act or any trust deed) of 
 any school board or school attendance committee exist- 
 ing at the appointed day are transferred to the council 
 exercising the powers of the school board (2 Edw. 7, c. 42, 
 Second Schedule (i)). 
 
 The expressions " powers," " duties," property," and 
 "liabilities," unless the context otherwise requires, have 
 the same meaning as in the Local Government Act, 1888 
 (sec. 24 (3)). 
 
 Loans transferred to a council are, for the purpose of 
 the limitation on the powers of the council to borrow, to 
 be treated as money borrowed under the Act of 1902 
 (Second Schedule (3)). 
 
 Any liability of an urban district council incurred under 
 the Technical Instruction Acts, 1889 and 1891, and 
 charged on any fund or rate, is to be charged on the 
 fund or rate out of which the expenses of the council 
 under the Act are payable (Second Schedule (4)). 
 
 Where the liabilities of a school board transferred to 
 the local education authority comprise a liability on 
 account of money advanced by that authority to the 
 school board, the Local Government Board may make 
 such orders as they think fit for providing for the repay- 
 ment of any debts incurred by the authority for the 
 purposes of those advances within a period fixed by the 
 order, and, in case the money advanced to the school 
 board has been money standing to the credit of any 
 sinking fund or redemption fund or capital money applied 
 under the Local Government Acts, 1888 and 1894, or 
 either of them, for the repayment to the proper fund or
 
 /8 SUMMARY OF EDUCATION ACTS. 
 
 account of the amount so advanced. Any order of the 
 Local Government Board under this provision shall have 
 effect as if enacted in the Act (Second Schedule (6)). 
 
 Where a district council ceases by reason of the Act to 
 be a school authority within the meaning of the Elementary 
 Education (Blind and Deaf Children) Act, 1893, or the 
 Elementary Education (Defective and Epileptic Children) 
 Act, 1899, any property or rights acquired and any liabili- 
 ties incurred under those Acts are to be transferred to the 
 county council, and the county council may raise any 
 expenses incurred by them to meet any liability of a 
 school authority under those Acts (whether a district 
 council or not), and transferred to the county council, off 
 the whole of their area, or off any parish or parishes which 
 in the opinion of the council are served by the school in 
 respect of which the liability has been incurred (Second 
 Schedule (7)). 
 
 Sees. 85 to 88 of the Local Government Act, 1894 
 (which contain transitory provisions), apply with certain 
 modifications with respect to any transfer above men- 
 tioned (Second Schedule (8)). 
 
 Transfer of Officers, Compensation for Loss of Office or 
 Emoluments, and Provisions as to Superannuation in 
 Case of Officers transferred. 
 
 The officers of any authority whose property, rights, and 
 liabilities are transferred under the Education Act, 1902, 
 to any council, are to be transferred to and become the 
 officers of that council, but the council may abolish the office 
 of any such officer whose office they deem unnecessary. 
 
 Every officer so transferred is to hold his office by the 
 same tenure and on the same terms and conditions as 
 before the transfer, and while performing the same duties 
 is to receive not less salary or remuneration than thereto- 
 fore, but if any such officer is required to perform duties 
 which are not analogous to or which are an unreasonable 
 addition to those which he is required to perform at the
 
 TRANSITORY PROVISIONS. 79 
 
 date of the transfer, he may relinquish his office, and any 
 officer who so relinquishes his office, or whose office is 
 abolished, is to be entitled to compensation. 
 
 A council may take into account continuous service 
 under any school boards or school attendance committees 
 in order to calculate the total period of service of any officer 
 entitled to compensation. 
 
 If an officer of any authority to which the Poor Law 
 Officers' Superannuation Act, 1896, applies is transferred 
 to any council, and has made the annual contributions 
 required to be made under that Act, the provisions of that 
 Act will apply, subject to such modifications as the Local 
 Government Board may by order direct. 
 
 Any local education authority who have established any 
 pension scheme, or scheme for the superannuation of their 
 officers, may admit to the benefits of that scheme any 
 officers transferred under the Act on such terms and con- 
 ditions as they think fit. 
 
 Sec. 1 20 of the Local Government Act, 1888, which 
 relates to compensation to existing officers, applies, with 
 certain modifications, as respects officers transferred under 
 the Act, and also (with the necessary modifications) to any 
 other officers who, by virtue of the Act or anything done 
 in pursuance or in consequence of the Act, suffer direct 
 pecuniary loss by abolition of office or by diminution or 
 loss of fees or salary, in like manner as it applies to officers 
 transferred under the Act. 
 
 Sec. 68 of the Local Government Act, 1894 (which 
 relates to the adjustment of property and liabilities), applies 
 with respect to any adjustment required for the purposes 
 of the Act (2 Edw. 7, c. 42, Second Schedule (i6)-(22)). 
 
 Parliamentary Grants. 
 
 Where required for the purpose of bringing the accounts 
 of a school to a close before the end of the financial 
 year of the school, or for meeting any change consequent 
 on the Act, the Board of Education may calculate any
 
 So SUMMARY OF EDUCATION ACTS. 
 
 parliamentary grant in respect of any month or other period 
 less than a year, and may pay any parliamentary grant 
 which has accrued before the appointed day at such times 
 and in such manner as they think fit. 
 
 Any parliamentary grant payable to a public elementary 
 school not provided by a school board in respect of a 
 period before the appointed day is to be paid to the 
 persons who were managers of the school immediately 
 before that day, and is to be applied by them in payment 
 of the outstanding liabilities on account of the school, and 
 so far as not required for that purpose is to be paid 
 to the persons who are managers of the school for the 
 purposes of the Act, to be applied by them for the pur- 
 poses for which provision is to be made under the Act 
 by those managers, or for the benefit of any general fund 
 applicable for those purposes. The Board of Education, 
 however, may, if they think fit, pay any share of the 
 aid grant under the Voluntary Schools Act, 1897, allotted 
 to an association of voluntary schools, to the governing 
 body of that association, if the governing body satisfy the 
 Board that proper arrangements have been made for the 
 application of any sum so paid (2 Edw. 7, c. 42, Second 
 Schedule (11) (12)).
 
 EDUCATION ACT, 1902. 
 (2 EDW. 7, c. 42.) 
 
 AN ACT TO MAKE FURTHER PROVISION WITH RESPECT 
 TO EDUCATION IN ENGLAND AND WALES. 
 
 December, 1902.] 
 
 BE it enacted by the King'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 : 
 
 PART I. 
 
 LOCAL EDUCATION AUTHORITY. 
 Local Education Aiithorities. 
 
 I. For the purposes of this Act the council of every 
 county and of every county borough shall be the local 
 education authority : 
 
 Provided that the council of a borough with a population 
 of over ten thousand, or of an urban district with a 
 population of over twenty thousand, shall, as respects that 
 borough or district, be the local education authority for 
 the purpose of Part III. of this Act, and for that purpose 
 as respects that borough or district, the expression " local 
 education authority" means the council of that borough 
 or district. 
 
 By this section the council of every county and of every county 
 borough are constituted the local education authority both for higher 
 and elementary education. 
 
 The council of every non-county borough with a population of over 
 ten thousand and of every urban district with a population of over 
 twenty thousand are the local education authority for the borough or 
 district as the case may be for the purpose of Part III. of the Act, 
 which relates only to elementary education. The population referred 
 to is that according to the census of 1901. See sec. 23 (8). 
 
 According to the preliminary report of the census of 1901 and 
 
 G
 
 82 EDUCATION ACT, 1902. 
 
 the final reports of that census so far as they have been issued, the 
 following are the non-county boroughs, with a population at the time 
 of the census exceeding 10,000: 
 
 Accrington, Ashton-under-Lyne, Bacup, Banbury, Bangor, Barnsley, 
 Barnstaple, Batley, Bedford, Berwick-upon-Tweed, Beverley, Bexhill, 
 Blackpool, Boston, Bridgwater, Bridlington, Brighouse, Burslem, Bury 
 St. Edmunds, Cambridge, Carlisle, Carmarthen, Chatham, Chelmsford, 
 Cheltenham, Chepping Wycombe, Chesterfield, Chichester, Chorley, 
 Clitheroe, Colchester, Colne, Congleton, Crewe, Darlington, Danven, 
 Deal, Dewsbury, Doncaster, Dover, Dukinfield, Durham, Ealing, 
 Eastbourne, East Retford, Eccles, Falmouth, Faversham, Folkestone, 
 Glossop, Grantham, Gravesend, Guildford, Harrogate, Hartlepool, 
 Harwich, Haslingden, Hemel Hempstead, Hereford, Heywood, Hove, 
 Hyde, Ilkeston, Jarrow, Keighley, Kendal, Kidderminster, King's 
 Lynn, Kingston-upon-Thames, Lancaster, Leigh, Lewes, Longton, 
 Loughborough, Lowestoft, Luton, Macclesfield, Maidenhead, Maid- 
 stone, Mansfield, Margate, Middleton, Morecambe, Morley, Mossley, 
 Neath, Nelson, Newark, Newbury, Newcastle-under-Lyme, Newport 
 (Isle of Wight), New Windsor, Ossett, Pembroke, Penzance, Peter- 
 borough, Pontefract, Poole, Pudsey, Ramsgate, Rawtenstall, Reigate, 
 Richmond, Rochester, Royal Leamington Spa, Ryde, St. Albans, 
 Salisbury, Scarborough, Shrewsbury, Smethwick, Southend-on-Sea, 
 Southport, Stafford, Stalybridge, Stockton-on-Tees, Stoke- upon-Trent, 
 Sutton Coldfield, Swindon, Taunton, Thornaby-on-Tees, Tiverton, 
 Todmorden, Torquay, Truro, Tunbridge Wells, Tynemouth, Wake- 
 field, Wallsend, Warwick, Wednesbury, Wenlock, Weymouth and 
 Melcombe Regis, Whitehaven, Widnes, Winchester, Workington, 
 Worthing, and Wrexham. 
 
 According to the reports above referred to on the census of 1901, 
 the following are the urban districts with a population at the time of 
 the census of over 20,000 : 
 
 Aberdare, Abertillery, Acton, Aldershot, Aston Manor, Barking 
 Town, Barry, Beckenham, Bilston, Bromley, Cannock, Chadderton, 
 Chiswick, Coseley, East Ham, Ebbw Vale, Edmonton, Enfield, Erith, 
 Farnworth, Felling, Fenton, Finchley, Gillingham, Gorton, Gosport 
 and Alverstoke, Handsworth, Hebburn, Hendon, Heston and Isle- 
 worth, Hindley, Hornsey, Ilford, Ince-in-Makerfield, Kettering, 
 King's Norton and Northfield, Leyton, Llanelly, Merthyr Tydfil, 
 Moss Side, Mountain Ash, Nuneaton and Chilvers Coton, Oldbury, 
 Pemberton, Penge, Pontypridd, Radcliffe, Rhondda, Rowley Regis, 
 Stretford, Shipley, Swinton and Pendlebury, Tipton, Tottenham, 
 Twickenham, Wallasey, Walthamstow, Waterloo-with-Seaforth, Wat- 
 ford, Willesden, Wimbledon, Withington, and Wood Green. 
 
 No growth of population subsequent to the census of 1901 will 
 affect the position of the council of a non-county borough or of an 
 urban district under the Act, or will take the borough or district out 
 of the jurisdiction of the county council for the purpose of Part III. 
 of the Act as to elementary education. There may, however, be 
 ground for the contention that when by reason of an extension of 
 the boundaries of a non-county borough, which at the time of the 
 census of 1901 had a population of less than 10,000, the population 
 of the area included in the borough, according to that census, becomes 
 more than 10,000, the council of the borough will be the local educa- 
 tion authority for Part III. of the Act, to the exclusion of the council 
 of the county. The same contention would apply in the case of an 
 urban district where in consequence of an extension of the district the
 
 2 EDW. 7, C. 42, SEC. I. 83 
 
 population included in its area becomes, according to the census of 
 
 1901, more than 20,000. 
 
 When the council of a non-county borough or of an urban district 
 will under the Act be the local education authority for Part III. as to 
 elementary education, they may, at any time after the i8th December, 
 
 1902, by agreement with the council of the county and with the 
 approval of the Board of Education, relinquish in favour of the 
 council of the county their powers and duties as the local education 
 authority for the borough or district for the purposes of Part III. of 
 the Act. When these powers and duties are so relinquished the area 
 of the authority as respects those powers will become part of the area 
 of the county council (see sec. 20 (^)). 
 
 The council of a county and of a county borough and the council 
 of a non-county borough or urban district when a local education 
 authority are required to establish an education committee or com- 
 mittees constituted in accordance with a scheme made by the council 
 and approved by the Board of Education. As to the powers of the 
 council in relation to the education committee, see sec. 17 (2). The 
 scheme must be in accordance with the provisions of that section, 
 and by sub-sec. 4 it is provided that any person shall be disqualified 
 for being a member of an education committee who by reason of 
 holding an office or place of profit or having any share or interest in 
 a contract or employment is disqualified for being a member of the 
 council appointing the education committee. The provisions relating 
 to such disqualifications are given in the note to sec. 17 (4). 
 
 There are, however, certain exceptions. The disqualification for 
 appointment as a member of the education committee does not apply 
 to a person by reason only of his holding office in a school or college 
 aided, provided, or maintained by the local education authority 
 appointing the committee. This saving applies to teachers in public 
 elementary schools as well as those in schools for higher education. 
 
 The teachers in schools and colleges, which are provided or main- 
 tained by the council, will be disqualified for serving as members of 
 the council, although not disqualified for serving on the education 
 committee. Teachers in schools provided by the local education 
 authority are clearly disqualified for membership of the authority ; 
 and under sec. 23 (7) teachers in a school maintained but not provided 
 by the local education authority are in the same position as respects 
 disqualification for office as members of the authority as teachers in a 
 school provided by the authority. 
 
 This is subject to the provision in the Second Schedule (9), which 
 enables the council, in the case of any person who on the i8th 
 December, 1902, was a member of the council, and who will become 
 disqualified for office in consequence of the Act. by resolution to 
 relieve him from the disqualification for the temporary period referred 
 to in the section. 
 
 When a county councillor is elected for a division of the county 
 consisting wholly or partly of a non-county borough or urban district, 
 the council of which are the local education authority for the purpose 
 of Part III. of the Act as to elementary education, such councillor is 
 not to vote in respect of any question arising before the county council 
 which relates only to matters under Part III. of the Act (sec. 23 (3)). 
 
 With respect to the powers of the council of a non-county borough 
 or of an urban district as regards higher education, whether they are
 
 84 EDUCATION ACT, 1902. 
 
 a local education authority under Part III. of the Act or not, see 
 sec. 3. 
 
 As regards the expenses of a local education authority, see sec. 18 ; 
 and as to powers of borrowing, see sec. 19. 
 
 PART II. 
 
 HIGHER EDUCATION. 
 Power to aid Higher Education. 
 
 2. (i.) The local education authority shall consider the 
 educational needs of their area and take such steps as 
 seem to them desirable, after consultation with the Board 
 of Education, to supply or aid the supply of education 
 other than elementary, and to promote the general co- 
 ordination of all forms of education, and for that purpose 
 shall apply all or so much as they deem necessary of the 
 residue under section one of the Local Taxation (Customs 
 and Excise) Act, 1890, and shall carry forward for the 
 like purpose any balance thereof which may remain unex- 
 pended, and may spend such further sums as they think 
 fit : Provided that the amount raised by the council of a 
 county for the purpose in any year out of rates under this 
 Act shall not exceed the amount which would be produced 
 by a rate of twopence in the pound, or such higher rate as 
 the county council, with the consent of the Local Govern- 
 ment Board, may fix. 
 
 (2.) A council, in exercising their powers under this Part 
 of this Act, shall have regard to any existing supply of 
 efficient schools or colleges, and to any steps already taken 
 for the purposes of higher education under the Technical 
 Instruction Acts, 1889 and 1891. 
 
 The local education authority for higher education that is to 
 say, the council of every county and county borough have imposed 
 on them the duty of considering the educational needs of their area, 
 and of taking such steps as seem to them desirable, after consultation 
 with the Board of Education, to supply or aid the supply of education 
 other than elementary, and to promote the general co-ordination of 
 all forms of education. 
 
 Although the local education authority are required to consult with 
 the Board of Education as to the steps which may be taken, it rests 
 exclusively with the local education authority to determine what those 
 steps shall be. The Act confers no such powers on the Board of 
 Education to compel action by the local education authority with 
 regard to higher education as they have with respect to elementary 
 education. The fact that the councils of counties and of county 
 boroughs are the local education authorities both for higher and
 
 2 EDW. 7, C. 42, SEC. 2, SUB-SEC. I. 85 
 
 elementary education necessarily gives them great advantage in pro- 
 moting the general co-ordination of all forms of education, which is 
 referred to in the section. 
 
 The powers conferred on the local education authorities by the Act 
 with respect to supplying or aiding the supply of education other than 
 elementary are very wide. There are no restrictions limiting the 
 effect of these very general words, except the provision in sub-sec. 2, 
 that the council, in exercising their powers, are to have regard to any 
 existing supply of efficient schools or colleges, and to any steps already 
 taken for the purposes of higher education under the Technical 
 Instruction Acts, 1889 and 1891. 
 
 The other provisions of the Act extend rather than limit the exercise 
 of these powers. 
 
 Under sec. 22 (3) the power to supply or aid the supply of education 
 other than elementary includes a power to train teachers, and to 
 supply or aid the supply of any education, except where that education 
 is given at a public elementary school. Under sec. 23 (2) it includes 
 power to make provision for supplying or aiding the supply of educa- 
 tion other than elementary outside their area where they consider it 
 expedient to do so in the interests of their area, and also includes the 
 power to provide or assist in providing scholarships for and to pay 
 and assist in paying the fees of students ordinarily resident in the 
 area of the council at schools or colleges or hostels within or without 
 that area. 
 
 " Colleges " include any educational institution, whether residential 
 or not. 
 
 As to hostels, the Attorney-General, in reply to a question whether 
 the term " educational institution " included hostels where no lectures 
 were given, but where students lived, if they were affiliated to some 
 other institution to which the students went by day for the purpose of 
 lectures, said, A hostel which is simply a boarding house is not 
 included in the term "college." When the hostel is affiliated to an 
 educational institution, no question would arise, because then it 
 would be part of a whole and would be an educational institution 
 (Pad. Debates (1902), vol. 14, 1067). 
 
 The powers of the local education authority for higher education 
 further include the provision of vehicles or the payment of reasonable 
 travelling expenses for teachers or children attending school or 
 college whenever the council consider that the circumstances of their 
 area or any part of it require this (sec. 23 (i)). See notes on section 
 referred to. 
 
 As to religious instruction and worship in schools, colleges, and 
 hostels aided or provided by the local education authority under the 
 powers conferred by this section, see sec. 4. 
 
 The intention of the Act is that there shall be as far as practicable 
 a clear line of distinction between the higher education and the 
 elementary education for which it provides. The local education 
 authority, under Part III. (as to elementary education), will not be 
 able, as an authority for elementary education, to continue the 
 science and art schools and classes to which the decision of the 
 Court of Appeal in A', v. Cockerton (see p. 466) applied, the authority 
 under which they have since that decision been temporarily continued 
 ceasing on the "appointed day" under sec. 27 of this Act. Neither 
 will such local education authority be empowered to carry on evening 
 schools, sec. 22 (i) providing that an elementary school shall not
 
 86 EDUCATION ACT, 1902. 
 
 include any school carried on as an evening school under the Regu- 
 lations of the Board of Education. 
 
 There is also a limit of the age of children to whom instruction 
 is to be given in a public elementary school under the Elementary 
 Education Acts, the only exception being when the limit is extended 
 by the Board of Education in consequence of there being no suitable 
 higher education available within a reasonable distance of the school 
 (sec. 22 (2)). 
 
 The Technical Instruction Acts, 1889 and 1891 (52 & 53 Viet., c. 76, 
 and 54 & 55 Viet., c. 4), are repealed from the " appointed day" under 
 sec. 27; but the provisions of Part II. of this Act (as to higher 
 education) will apply to any school, college, or hostel established, and 
 to any obligation incurred under those Acts as if the school, college, 
 or hostel had been established or the obligation had been incurred 
 under Part II. of this Act. References in any enactment or in any 
 provision of a scheme under the Charitable Trusts Acts, 1853 to 1894, 
 or the Endowed Schools Acts, 1869 to 1889, to any provisions of the 
 Technical Instruction Acts or either of those Acts, unless the context 
 otherwise requires, are to be construed as references to Part II. of 
 this Act. (Third Schedule (i i)). 
 
 As regards the funds available to the local education authority for 
 their expenditure in the supply of, or in aiding the supply of, higher 
 education, the receipts first referred to are those under the Local 
 Taxation (Customs and Excise) Act, 1890 (53 & 54 Viet., c. 60). 
 Under that Act certain duties on spirits and beer received by the 
 Board of Inland Revenue are paid into "the Local Taxation Account" 
 at the Bank of England, and out of the English share of the duties 
 so paid in a sum of ^300,000 is paid by the Local Government Board 
 towards police superannuation, and the residue is paid by that Board 
 to the councils of counties and county boroughs, the amounts being 
 distributed as if this residue were part of the English share of the local 
 taxation probate duty. The Act provided that the council of any 
 county or county borough might contribute any sum received by 
 them in respect of the residue referred to, or any part of that sum, 
 for the purposes of technical instruction within the meaning of the 
 Technical Instruction Act, 1889, and might make that contribution 
 over and above any sum that might be raised by rate under that Act. 
 There was no obligation on the councils to thus apply these moneys, 
 but in later years nearly the whole of the amount has been used for 
 this purpose. The present Act contemplates that the full sum which 
 may be received by the council of a county or county borough shall be 
 applied towards the expenses of supplying or aiding the supply of 
 higher education, although not necessarily in the year in which it may 
 be received. If in any year the council do not deem it necessary to 
 apply the full amount to this purpose they are not required to do so, 
 but any balance which may remain unexpended is to be subsequently 
 so applied. 
 
 The section applies not only to any future balances, but also to any 
 balance of the residue remaining unexpended and unappropriated 
 by any council at the "appointed day" under sec. 27. (Second 
 Schedule (5)). 
 
 A parliamentary return is issued in each year giving particulars of 
 the amounts paid from the residue above referred to to each county 
 and county borough. The last return issued (H. C. 274, 1902) was
 
 2 EDW. 7, C. 42, SEC. 2, SUB-SEC. I. 87 
 
 for the year 1901-1902, and may be obtained from Messrs. Eyre and 
 Spottiswoode, East Harding Street, Fleet Street, E.G. 
 
 The local education authority may also spend for the purpose of 
 the powers above referred to such further sums as they think fit. 
 But the amount which the council of a county may raise for this 
 purpose in any one year out of rates under the Act is not to exceed 
 twopence in the pound or such higher rate as the council, with the 
 consent of the Local Government Board, may fix. There is no 
 limitation of the rate which may be raised for the purpose by the 
 council of a county borough. 
 
 Under the Technical Instruction Acts the amount which could be 
 raised for technical and manual instruction was one penny in the 
 pound. 
 
 The amount which will be produced by any rate in the pound is to 
 be estimated in accordance with regulations made by the Local 
 Government Board (sec. 23 (4)). 
 
 The rate in the case of a county, subject to the exception provided 
 for by sec. 18 (i) (a), will be levied by the county council throughout 
 their county, inclusive of non-county boroughs and urban districts, 
 and the powers of rating for the purpose of education other than 
 elementary which is conferred by sec. 3 on the councils of the boroughs 
 and districts referred to, are powers which may be exercised con- 
 currently with those of the county council. 
 
 As to relinquishment of powers by the council of a non-county 
 borough or of an urban district, see notes on sees. 3 and 20 (&}. 
 
 The question arises whether when there is such relinquishment the 
 council of the county can levy on the borough or district an amount 
 which would be produced by a rate of one penny in the pound in 
 addition to the rate of twopence or the higher rate in the pound 
 provided for by this section. As to this, see note on sec. 3. 
 
 Under sec. 18 (i) (a) the county council may, if they think fit (after 
 giving .reasonable notice to the overseers of the parish or parishes 
 concerned), charge any expenses incurred by them under the Act with 
 respect to education other than elementary to any parish or parishes 
 which in the opinion of the council are served by the school or college 
 in connection with which the expenses have been incurred. 
 
 In connection with the question of higher education, see also the 
 provisions in sees. 3 and 4 of the 62 & 63 Viet., c. 33, post, as to 
 inspection of secondary schools and the formation of a register of 
 teachers. 
 
 With respect to expenses incurred by a local education authority 
 under this section, see sec. 18 ; and as to borrowing powers, see sec. 19. 
 
 Sec. 20 (a) provides that arrangements may be made with the 
 council of any county, borough, district or parish, whether a local 
 education authority or not, for the exercise by the council, on such 
 terms and subject to such conditions as may be agreed on, of any 
 powers of a council under the Act in respect of the management of 
 any school or college within the area of the council. 
 
 See also the provisions in the Third Schedule (12) as to the power 
 of the Local Government Board by order to make such adaptations 
 in the provisions of local Acts as may seem to them to be necessary 
 to make those provisions conform with the provisions of this Act. 
 
 The regulations of the Board of Education for Secondary day
 
 88 EDUCATION ACT, 1902. 
 
 schools from ist August, 1902, to 3ist July, 1903 (Cd. 1102), those for 
 Evening schools for the same period (Cd. 1044), and Supplementary 
 regulations for secondary day schools and for evening schools (Cd. 
 1160), may be obtained from Messrs. Eyre and Spottiswoode, East 
 Harding Street, Fleet Street, E.G. 
 
 Concurrent Powers of Smaller Boroughs and Urban 
 Districts. 
 
 3. The council of any non-county borough or urban dis- 
 trict shall have power as well as the county council to 
 spend such sums as they think fit for the purpose of 
 supplying or aiding the supply of education other than 
 elementary : Provided that the amount raised by the 
 council of a non-county borough or urban district for the 
 purpose in any year out of rates under this Act shall not 
 exceed the amount which would be produced by a rate of 
 one penny in the pound. 
 
 This section follows the lines of the Technical Instruction Act, 
 1889. Under that Act the councils of boroughs and urban districts 
 were empowered to supply or aid the supply of technical and manual 
 instruction, and to raise for that purpose a rate not exceeding one 
 penny in the pound. 
 
 Except as to the limitation under this section of the amount to be 
 raised in any one year out of rates, the council of a non-county 
 borough or urban district, but not as a local education authority 
 under the Act, have the same powers as the council of a county for 
 the purpose of supplying or aiding the supply of education other than 
 elementary. As regards those powers, see note on sec. 2. 
 
 The amount which would be produced by a rate of one penny in 
 the pound is to be estimated in accordance with regulations made by 
 the Local Government Board (sec. 23 (4)). 
 
 The council of a non-county borough or urban district have no 
 absolute duty imposed on them to supply or aid the supply of higher 
 education. The section confers on them the power to do so, and to 
 expend such sums as they think fit for the purpose, subject to the 
 limit of rating. The only exception is when the council have already 
 incurred liabilities under the Technical Instruction Acts which are 
 still outstanding, and for which provision must be made. 
 
 It will devolve on any council exercising powers under this section 
 to make a scheme for the establishment of an education committee in 
 accordance with sec. 17, unless under sub-sec, i of that section they 
 determine that an education committee is unnecessary in their case. 
 
 Liabilities which were incurred by an urban district council under 
 the Technical Instruction Acts and charged on any fund or rate will 
 become charged on the fund or rate out of which their expenses are 
 payable under sec. 18 (i). See note on Second Schedule (4). 
 
 As previously stated, the powers of rating by the council of a non- 
 county borough or urban district will be concurrent with those of the 
 council of the county. The fact that the council of the borough or 
 district levy a rate in their own area for purposes of higher education
 
 2 EDW. 7, C. 42, SEC. 3. 89 
 
 will not affect the right of the county council also to levy a rate for 
 like purposes in that area. 
 
 The council of a non-county borough or urban district can, however, 
 under sec. 20 (b) at any time after the i8th December, 1902, by 
 agreement with the council of the county, and with the approval of 
 the Board of Education, relinquish in favour of the council their 
 powers under this section, and in that case the powers of the authority 
 so relinquished cease. They cannot be relinquished temporarily and 
 then resumed. 
 
 The Board of Education appear to consider that when any council 
 thus relinquish their powers under the section, the provision referred 
 to gives the county council the power to levy in the borough or 
 district a rate of like amount to that which the council of the borough 
 or district might have levied under the section, in addition to the rate 
 which the county council can raise under sec. 2. The Board, in their 
 memorandum on the Act (circular 470), see Appendix, p. 468, give as 
 items of the main sources of income of a county council for higher 
 education . . . 
 
 " (2) The county rate, which for this purpose must not exceed two 
 pence in the pound, unless by consent of the Local Government 
 Board, and . . . 
 
 " (4) Where a borough or urban district which is a local education 
 authority relinquishes to the county its powers under Part. II. of 
 the Act for that borough or district, an additional rate not exceed- 
 ing one penny in the pound." 
 
 Where the council, under the provision above referred to, relinquish 
 their powers and duties in favour of a county council, any property or 
 rights acquired, and any liabilities incurred for the performance of the 
 powers and duties relinquished, including any property or rights 
 vested or arising, or any liabilities incurred under any local Act or 
 trust deed are transferred to the county council. Second Schedule (2). 
 
 The scheme which by sec. 17 is required to be made for the 
 establishment of an education committee, unless the council deter- 
 mine that a scheme in their case is unnecessary, may for all or any 
 purposes of the Act provide for the constitution of a joint education 
 committee for any area formed by a combination of counties, boroughs, 
 or urban districts, or of parts thereof. The Board of Education have 
 suggested that the formation of such committees might be convenient 
 in the case of boroughs or urban districts which may not desire to 
 relinquish permanently their powers under the Act, but may never- 
 theless desire to work in close co-operation with the county in which 
 they are situated. 
 
 The Board of Education further state that in the event of a re- 
 linquishment by the council of a non-county borough or urban district 
 of their powers under this section in favour of the county council, it 
 would be possible for the county to transfer back to the borough or 
 urban district their powers of management in respect of any school 
 or college within the area of the relinquishing council under sec. 20 (a). 
 
 With respect to the expenses of a council under this section, see 
 sec. 1 8 ; and as to their borrowing powers, see sec. 19. 
 
 See also Third Schedule (12) as to the powers of the Local Govern- 
 ment Board by order to make such adaptations in the provisions of 
 any Local Act as may seem to them to be necessary to make those 
 provisions conform with the provisions of this Act.
 
 90 EDUCATION ACT, IQO2. 
 
 Religions Instruction. 
 
 4. (i.) A council, in the application of money under 
 this Part of this Act, shall not require that any particular 
 form of religious instruction or worship or any religious 
 catechism or formulary which is distinctive of any par- 
 ticular denomination shall or shall not be taught, used, or 
 practised in any school, college, or hostel aided but not 
 provided by the council, and no pupil shall, on the ground 
 of religious belief, be excluded from or placed in an inferior 
 position in any school, college, or hostel provided by the 
 council, and no catechism or formulary distinctive of any 
 particular religious denomination shall be taught in any 
 school, college, or hostel so provided, except in cases where 
 the council, at the request of parents of scholars, at such 
 times and under such conditions as the council think 
 desirable, allow any religious instruction to be given in the 
 school, college, or hostel, otherwise than at the cost of the 
 council : Provided that in the exercise of this power no 
 unfair preference shall be shown to any religious de- 
 nomination, (i) 
 
 (2.) In a school or college receiving a grant from, or 
 maintained by, a council under this Part of this Act, 
 
 (a) A scholar attending as a day or evening scholar 
 shall not be required, as a condition of being 
 admitted into or remaining in the school or 
 college, to attend or abstain from attending any 
 Sunday school, place of religious worship, religious 
 observance, or instruction in religious subjects in 
 the school or college or elsewhere : and 
 (^) The times for religious worship or for any lesson 
 on a religious subject shall be conveniently 
 arranged for the purpose of allowing the with- 
 drawal of any such scholar therefrom. (2) 
 
 (i) The first part of this sub-section refers to schools, colleges, or 
 hostels aided but not provided by the councils of cou.ities and county 
 boroughs under sec. 2 of the Act, and the councils of non-county 
 boroughs and urban districts under sec. 3, and the second part to 
 schools, colleges, and hostels provided by councils under those 
 sections. 
 
 For definition of the terms " colleges " and " hostels," see note on 
 sec. 2. 
 
 As regards schools, colleges, or hostels aided but not provided by 
 councils, the council in the application of money available for purposes 
 of higher education are not to require that any particular form of 
 religious instruction or worship or any religious catechism or formulary 
 which is distinctive of any particular denomination shall or shall not
 
 2 EDW. 7, C. 42, SEC. 5. 91 
 
 be taught, used, or practised in any such school, college, or hostel. 
 It will therefore rest with those who have the management of such 
 institutions, subject to any trusts on which they are held, to determine 
 whether or not they shall be conducted on Church of England or 
 other denominational lines. 
 
 With respect to schools, colleges, or hostels provided by the 
 council no pupil is to be excluded therefrom or placed in an inferior 
 position therein on the ground of his religious belief. Further, no 
 catechism or formulary distinctive of any particular religious denomi- 
 nation is to be taught in the institution, except in cases where the 
 council, at the request of parents or scholars, at such times and under 
 such conditions as the council think desirable, allow any religious 
 instruction to be given otherwise than at the cost of the council ; but 
 when the council exercise this power no unfair preference is to be 
 shown to any religious denomination. 
 
 (2) The provision in this sub-section refers to schools and colleges, 
 whether receiving a grant from or maintained by a council for the 
 purpose of education other than elementary, and applies to scholars 
 attending such schools or colleges either as day or evening scholars. 
 
 PART III. 
 
 ELEMENTARY EDUCATION. 
 Powers and Duties as to Elementary Education. 
 
 5. The local education authority shall throughout their 
 area have the powers and duties of a school board and 
 school attendance committee under the Elementary 
 Education Acts, 1870 to 1900, and any other Acts, 
 including local Acts, and shall also be responsible for 
 and have the control of all secular instruction in public 
 elementary schools not provided by them, and school 
 boards and school attendance committees shall be 
 abolished. 
 
 Under this section all school boards, with the exception of the 
 school board for London, and all school attendance committees 
 whether appointed by guardians, the councils of boroughs, or the 
 councils of urban districts are abolished from the " appointed day " 
 as prescribed by sec. 27. 
 
 For the school boards and school attendance committees thus 
 abolished are substituted the local education authorities for the 
 purpose of Part III. of the Act these authorities being the council 
 of every county and of every county borough and the council of every 
 non-county borough which according to the census of 1901 had a 
 population at the time of the census of more than ten thousand, and 
 of every urban district which according to that census had a population 
 of more than twenty thousand, except when the council of any such 
 non-county borough or urban district may have (under sec. 20 (#)) 
 relinquished their powers in favour of the county council.
 
 92 EDUCATION ACT, 1902. 
 
 The local education authorities have conferred on them all the 
 powers and duties of a school board and school attendance committee 
 under the Elementary Education Acts, 1870 to 1900, and any other 
 Acts, including local Acts. They have not merely the powers and 
 duties of a school board in a district where there has been a school 
 board and those of a school attendance committee in a district which 
 has been under the jurisdiction of a school attendance committee, but 
 they have vested in them all the powers and duties both of a school 
 board and of a school attendance committee "throughout their area." 
 
 As regards the Elementary Education Acts, in the following pages 
 those Acts, so far as they are unrepealed, with other Acts relating to 
 them, are given as they will apply throughout the areas under the 
 jurisdiction of the local education authorities, the modifications made 
 by this Act being shown either in the sections or in the notes to the 
 sections. As to these modifications, see Third Schedule (i to 9). 
 
 In the case of the Elementary Education (Blind and Deaf Children) 
 Act, 1893 (56 & 57 Viet., c. 42), and the Elementary Education 
 (Defective and Epileptic Children) Act, 1899 (62 & 63 Viet., c. 32), 
 post, the school authorities for the purpose of those Acts were the 
 school board in a district where there was a school board, and in 
 other districts either the council of the borough or the council of an 
 urban district_other than a borough, or the council of the rural district. 
 The local education authorities take the place of and succeed to the 
 powers and duties of the school authorities under those Acts. 
 
 With respect to the transfer to the local education authority of 
 the powers and duties of a school board under a local Act it will be 
 observed from the Third Schedule (12) that the Local Government 
 Board may, after consultation with the Board of Education, make 
 such adaptations in the provisions of any local Act (including any 
 Act for the confirmation of a provisional order and any scheme under 
 the Municipal Corporations Act, 1882, as amended by any subsequent 
 Act) as may seem to them to be necessary to make those provisions 
 conform with the provisions of this Act. 
 
 It will be the duty of each local education authority, except in the 
 case where the council of a non-county borough or urban district 
 under sec. 20 (b) relinquish their powers in favour of a county 
 council, to make a scheme for the establishment of an education 
 committee. For provisions on this subject, see sec. 17. See also the 
 provisions in sub-sec. 2 of that section as to the relative powers of 
 the local education authority and the education committee appointed 
 by them. 
 
 Notwithstanding the delegation of powers under that section by 
 the local education authority to the education committee, the local 
 education authority will be responsible for the due performance of the 
 duties entrusted to them, and in the event of a failure to fulfil these 
 duties, the proceedings under sec. 16 for enforcing the performance 
 of the duty would be against the local education authority and not 
 against the education committee. 
 
 The entire control of the public elementary schools provided by the 
 local education authority will necessarily be vested in them, subject to 
 delegation of powers to the education committee. 
 
 For definition of the term " public elementary school," and as to 
 the schools which are to be treated as provided by the local education 
 authority, see notes on sec. 6. 
 
 Managers appointed for these schools under sec. 6 will only have
 
 2 EDW. 7, c. 42, SEC. 5. 93 
 
 authority to deal with such matters relating to the management of the 
 school, and subject to such conditions and restrictions as the local 
 education authority determine. 
 
 In the case of a public elementary school not provided by the local 
 education authority, the authority are responsible for and have the 
 control of all secular instruction. They are also to maintain and keep 
 efficient any such school within their area which is necessary, and to 
 have the control of all expenditure required for that purpose other 
 than expenditure for which, under the Act, provision is to be made 
 by the managers, but only so long as the conditions and provisions 
 specified in sec. 7 are complied with. See notes on that section. 
 
 The local education authority, in the case of a non-county borough 
 or urban district may, under sec. 20 (<), at any time after the i8th 
 December, 1902, by agreement with the council of the county, and 
 with the approval of the Board of Education, relinquish in favour of 
 the county their powers and duties under the Act with regard to 
 elementary education, and in that case the powers and duties so 
 relinquished cease, and the area of the authority as respects those 
 powers becomes part of the area of the county. Such relinquishment 
 cannot be temporary only ; it would have effect permanently. The 
 Second Schedule (2) provides for the transfer to the council of the 
 county of any property or rights acquired and any liabilities incurred 
 for the performance of the powers and duties relinquished. 
 
 The scheme which by sec. 17 is required to be made for the 
 establishment of an education committee may for all or any purposes 
 of the Act provide for the constitution of a joint committee for any 
 area formed by a combination of counties, boroughs, or urban districts 
 or of parts thereof. 
 
 The Board of Education suggest that " the formation of a joint com- 
 mittee may be convenient in the case of boroughs or urban districts 
 which may not desire to relinquish permanently their powers under 
 the Act, but may, nevertheless, desire to work in close co-operation 
 with the county in which they are situated. Arrangements for the 
 formation of such a committee may be made for a limited period." 
 
 The Board of Education also state that "it would be possible for 
 the council to transfer back to the borough or urban district its powers 
 of management in respect of any school . . . within the area of the 
 relinquishing council, under sec. 20 (a)." 
 
 With reference to the expenses of the local education authority 
 under this part of the Act, see sec. 18 ; and as to powers of borrowing, 
 see sec. 19. 
 
 The transfer of powers from school boards, school authorities, and 
 school attendance committees to the local education authorities renders 
 necessary incidental and consequential provisions, such as those 
 relating to transfer of property and officers and adjustment. These 
 are dealt with in the Second Schedule to the Act. 
 
 That schedule deals with 
 
 The transfer of property, powers, rights, and liabilities of school 
 boards and school attendance committees to the council exercising 
 the powers of the school board (i). 
 
 The transfer of property or rights acquired and liabilities incurred 
 when under sec. 20 (b~) a council relinquishes powers and duties in 
 favour of the county council (2). 
 
 The repayment of debts which have been incurred by the local
 
 94 EDUCATION ACT, 1902. 
 
 education authority for the purpose of advances by that authority to 
 the school board, when the liabilities of a school board transferred 
 to the local education authority comprise a liability on account of 
 money so advanced (6). 
 
 The transfer to the county council of any property or rights acquired 
 and any liabilities incurred under the Elementary Education (Blind 
 and Deaf Children) Act, 1893, or the Elementary Education (Defec- 
 tive and Epileptic Children) Act, 1899, by a district council which 
 ceases to be a school authority (7). 
 
 The application with respect to the above-mentioned transfers of 
 the transitory provisions contained in sees. 85 to 88 of the Local 
 Government Act, 1894, subject to certain modifications (8). 
 
 See especially the provision in sec. 87 (2) of the Local Government 
 Act, 1894, that it shall be the duty of every authority whose powers, 
 duties, and liabilities are transferred, to liquidate so far as practicable 
 before the " appointed day " all current debts and liabilities incurred 
 by that authority. 
 
 Relief in certain cases from disqualification for office as members 
 of the council for a temporary period (9). 
 
 The continuance until the " appointed day " under sec. 27 of the term 
 of office of members of school boards holding office on the i8th 
 December, 1902, or appointed to fill casual vacancies after that 
 date (10). 
 
 The payments of the parliamentary grant for a school when the 
 existing managers and the local education authority have each had 
 the management of the school under their control for part of the 
 school year (n and 12). 
 
 The duty of the managers of a public elementary school, whether 
 provided by a school board or not, and any school attendance com- 
 mittee to furnish to the council which will on the appointed day 
 become the local education authority such information as that council 
 may reasonably require (15). 
 
 The transfer to the council of officers of an authority whose powers, 
 rights, and liabilities are transferred to the council, and the abolition 
 of office of any such officer whose office is deemed unnecessary, and 
 the compensation payable to an officer whose office is abolished or 
 who relinquishes his office in consequence of being required to perform 
 duties which are not analogous to or are an unreasonable addition to 
 those which he was required to perform at the date of the transfer, and 
 to any other officer who by reason of the Act suffers direct pecuniary 
 loss (16-18 and 21). 
 
 The application of the Poor Law Officers' Superannuation Act, 
 1896, with such modifications as the Local Government Board may 
 direct, in the case of an officer to whom that Act has applied and who 
 under this Act is transferred to any council (19). 
 
 The admission of an officer transferred under the Act to the 
 benefits of any pension scheme or scheme for the superannuation 
 of officers which has been established by the local education 
 authority (20). 
 
 The application of sec. 68 of the Local Government Act, 1894, to 
 any adjustment required for the purposes of this Act (22). 
 
 See the notes on the provisions referred to.
 
 2 EDW. 7, C. 42, SEC. 6, SUB-SEC. I. 95 
 
 Management of Schools. 
 
 6. (i.) All public elementary schools provided by the 
 local education authority shall, where the local education 
 authority are the council of a county, have a body of 
 managers consisting of a number of managers not exceed- 
 ing four appointed by that council, together with a number 
 not exceeding two appointed by the minor local authority. 
 
 Where the local education authority are the council of 
 a borough or urban district they may, if they think fit, 
 appoint for any school provided by them a body of 
 managers consisting of such number of managers as they 
 may determine. 
 
 (2.) All public elementary schools not provided by the 
 local education authority shall, in place of the existing 
 managers, have a body of managers consisting of a number 
 of foundation managers not exceeding four appointed as 
 provided by this Act, together with a number of managers 
 not exceeding two appointed 
 
 (a) Where the local education authority are the council 
 
 of a county, one by that council and one by the 
 minor local authority ; and 
 
 (b) Where the local education authority are the council 
 
 of a borough or urban district, both by that 
 authority. 
 (3.) Notwithstanding anything in this section 
 
 (a) Schools may be grouped under one body of 
 
 managers in manner provided by this Act ; 
 . and 
 
 (b) Where the local education authority consider that 
 
 the circumstances of any school require a larger 
 body of managers than that provided under this 
 section, that authority may increase the total 
 number of managers, so, however, that the 
 number of each class of managers is propor- 
 tionately increased. 
 
 With regard to the term "public elementary school," sec. 3 of 
 the Elementary Education Act, 1870, defines the term "elementary 
 school " as meaning " 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 ordinary payments in respect of instruction, from each scholar, 
 exceed ninepence a week." The term does not, however, include any 
 school carried on as an evening school under the regulations of the 
 Board of Education (see sec. 22). In order that an elementary school 
 may be a ' ; public elementary school " the school must be conducted
 
 96 EDUCATION ACT, IQO2. 
 
 in accordance with certain regulations with regard to religious observ- 
 ances and instruction in religious subjects, and it must at all times be 
 open to the inspection of any of His Majesty's Inspectors of Schools. 
 The school must also be conducted in accordance with the conditions 
 required to be fulfilled by an elementary school in order to obtain an 
 annual parliamentary grant. As to these regulations and conditions, 
 see 33 & 34 Viet., c. 75, sees. 7 and 14, post, and notes thereon. 
 
 The section refers to two classes of schools schools provided by 
 the local education authority and schools not so provided. Schools 
 which have been provided by school boards, and which are by opera- 
 tion of this Act transferred to the local education authority, as well as 
 schools which that authority may themselves provide, are to be treated 
 as schools provided by the local education authority. Schools which 
 are deemed to have been provided by a school board are also to be 
 deemed to have been provided by the local education authority (see 
 Second Schedule (13) to this Act). The schools referred to are 
 (a) schools which under sec. 23 of 33 & 34 Viet., c. 75, post, have been 
 transferred by the managers to a school board, that section providing 
 that every school so transferred shall, to such extent and during such 
 times as the school board have under the terms of transfer any 
 control over the school, be deemed to be a school provided by the 
 school board ; and (b) schools connected with an endowment, charity, 
 or trust of which the school board have been constituted the trustees 
 under sec. 13 of 36 & 37 Viet., c. %6,post, that section providing that 
 every such school shall be deemed to be provided by the school 
 board. 
 
 As regards public elementary schools provided by the local education 
 authority 
 
 When the local education authority are the council of a county, the 
 school must have a body of managers consisting of a number of 
 managers not exceeding four appointed by the council of the county, 
 together with a number not exceeding two appointed by the minor 
 local authority. 
 
 When the local education authority are the council of a borough or 
 urban district, they may appoint for the school a body of managers 
 consisting of such number of managers as they may determine, but 
 they are under no obligation to appoint managers for the school. 
 
 As regards the provision that in the case of a school provided by 
 the council of a county as the local education authority, a number of 
 managers not exceeding two shall be appointed by the minor local 
 authority, it will be observed from sec. 24 (2) that the expression 
 " minor local authority " means as respects any school the council of 
 any borough or urban district or the parish council or (where there is 
 no parish council) the parish meeting of any parish which appears by 
 the county council to be served by the school. Where it appears to 
 the county council that the school serves the area of more than one ' 
 mindr local authority, the county council are to make such provision 
 as they think proper for joint appointment of managers by the 
 authorities concerned. 
 
 It is not necessary that the managers appointed by the minor 
 authorities should be members of those authorities. The minor 
 authorities are unrestricted in their selection of the persons to be 
 appointed. 
 
 For rules as to meetings of parish councils and parish meetings, see 
 Local Government Act, 1894 (56 57 Viet., c. 73, First Schedule).
 
 2 EDW. 7, C. 42, SEC. 6, SUB-SEC. 2. 97 
 
 With respect to public elementary schools not provided by a local 
 education authority ', every such school is to have a body of managers, 
 of which a number not exceeding four must be foundation managers. 
 As to the appointment of foundation managers, see sec. 1 1. In addition 
 to these foundation managers the body of managers is to include a 
 number of managers not exceeding two who are to be appointed 
 
 Where the local education authority are the council of a county, one 
 by the council and one by the minor local authority ; and 
 
 Where the local education authority are the council of a borough or 
 urban district, both are to be appointed by the council. 
 
 As regards the exceptions to the provisions above referred to, the 
 grouping of schools under one body of managers must be in accord- 
 ance with sec. 12 of the Act. 
 
 With respect to an increase of the total uiunber of managers of a 
 school where the local education authority consider that the circum- 
 stances of the school require a larger body of managers than that 
 provided by the section, the Board of Education, in their memorandum 
 as to foundation managers, state as follows : " Under the provisions 
 of sec. 6 (3) (&), the local education authority may increase the total 
 number of managers, the foundation managers and local authority's 
 managers being proportionately increased. In the circumstances to 
 which sec. 6 (2) (b) of the Act applies (viz. where the local education 
 authority are the council of a borough or urban district), the number 
 of managers of the two classes respectively might be 6 and 3 ; but 
 where the local education authority are the council of a county, the 
 number of managers must be increased (if increase is thought desirable) 
 to 8 and 4 respectively, or to some other multiple of 4 and 2. It will 
 probably be found in most cases that 12 is an inconveniently large 
 number of managers. Orders of the Board under sec. 1 1 of the Act 
 will be so drawn as to meet the case of future increase in the number 
 of managers." 
 
 A woman is not disqualified by sex or marriage for being on a 
 body of managers (sec. 23 (6)). 
 
 The Act contains no provision as to the period for which managers 
 shall be appointed in the case either of foundation managers (see 
 sec. 11) or of managers appointed by the local education authority or 
 the minor authority. Neither is there any provision as to the tenure 
 of office of managers, except that in the First Schedule, B (5), to the 
 Act, which is to the effect that a manager of a school not provided by 
 the local education authority, appointed by that authority or by the 
 minor local authority, shall be removable by the authority by whom 
 he is appointed, and that any such manager may resign his office. 
 
 The managers of a school provided by the local education authority 
 are to deal with such matters relating to the management of the school, 
 and subject to such conditions and restrictions as the local education 
 authority determine (First Schedule, B (4)). 
 
 The managers of a school maintained but not provided by the local 
 education authority have all powers of management required for the 
 purpose of carrying out the Act, and, subject to the powers of the local 
 education authority, have the exclusive power of appointing and dis- 
 missing teachers (sec. 7 (i) (a) (/>) (c), (5), and (7)). 
 
 The body of managers appointed for a public elementary school not 
 provided by the local education authority are the managers of that 
 school for the purposes of the Elementary Education Acts and this Act, 
 
 II
 
 98 EDUCATION ACT, 1902. 
 
 and, so far as respects the management of a school as a public 
 elementary school, for the purpose of the trust deed (sec. u (6)). 
 
 With respect to the obligations devolving on the managers which 
 must be fulfilled if the school is to receive a parliamentary grant, see 
 sec. 7 (4) and the 33 & 34 Viet., c. 75, sec. 7, post. 
 
 As to the powers of managers to fulfil the conditions required to be 
 fulfilled in order to obtain a parliamentary grant, notwithstanding any 
 provision contained in the instrument regulating the trusts or manage- 
 ment of the school, see Third Schedule (7) to this Act and sec. 99 of 
 33 & 34 Viet., c. Impost. 
 
 With regard to the audit of the accounts when managers are 
 entrusted by the local education authority with any receipts or pay- 
 ments of money under the Act, see sec. 18 (5). 
 
 Maintenance of Schools. 
 
 7. (i.) The local education authority shall maintain 
 and keep efficient all public elementary schools within 
 their area which are necessary, and have the control of 
 all expenditure required for that purpose, other than ex- 
 penditure for which, under this Act, provision is to be 
 made by the managers ; (i) but, in the case of a school not 
 provided by them, only so long as the following conditions 
 and provisions are complied with : 
 
 (a) The managers of the school shall carry out any 
 directions of the local education authority as to 
 the secular instruction to be given in the school, 
 including any directions with respect to the 
 number and educational qualifications of the 
 teachers to be employed for such instruction, 
 and for the dismissal of any teacher on educa- 
 tional grounds, and if the managers fail to carry 
 out any such direction the local education autho- 
 rity shall, in addition to their other powers, have 
 the power themselves to carry out the direction 
 in question as if they were the managers ; but 
 no direction given under this provision shall be 
 such as to interfere with reasonable facilities for 
 religious instruction during school hours ; (2) 
 (/>) The local education authority shall have power to 
 
 inspect the school ; (3) 
 
 (c) The consent of the local education authority shall 
 be required to the appointment of teachers, but 
 that consent shall not be withheld except on 
 educational grounds ; and the consent of the 
 authority shall also be required to the dismissal 
 of a teacher unless the dismissal be on grounds
 
 2 EDW. 7, C. 42, SEC. 7, SUB-SEC. I. 99 
 
 connected with the giving of religious instruction 
 in the school ; (2) 
 
 (d) The managers of the school shall provide the school- 
 
 house free of any charge, except for the teacher's 
 dwelling-house (if any), to the local education 
 authority for use as a public elementary school, 
 and shall, out of funds provided by them, keep 
 the schoolhouse in good repair, and make such 
 alterations and improvements in the buildings as 
 may be reasonably required by the local educa- 
 tion authority; Provided that such damage as 
 the local authority consider to be due to fair 
 wear and tear in the use of any room in the school- 
 house for the purpose of a public elementary 
 school shall be made good by the local education 
 authority. (4) 
 
 (e) The managers of the school shall, if the local educa- 
 
 tion authority have no suitable accommodation 
 in schools provided by them, allow that authority 
 to use any room in the schoolhouse out of school 
 hours free of charge for any educational purpose, 
 but this obligation shall not extend to more than 
 three days in the week. (5) 
 
 (2.) The managers of a school maintained but not pro- 
 vided by the local education authority, in respect of the 
 use by them of the school furniture out of school hours, 
 and the local education authority in respect of the use by 
 them of any room in the schoolhouse out of school hours, 
 shall be liable to make good any damage caused to the 
 furniture or the room, as the case may be, by reason of 
 that use (other than damage arising from fair wear and 
 tear), and the managers shall take care that, after the use 
 of a room in the schoolhouse by them, the room is left in 
 a proper condition for school purposes. (6) 
 
 (3.) If any question arises under this section between 
 the local education authority and the managers of a school 
 not provided by the authority, that question shall be 
 determined by the Board of Education. (7) 
 
 (4.) One of the conditions required to be fulfilled by an 
 elementary school in order to obtain a parliamentary grant 
 shall be that it is maintained under and complies with the 
 provisions of this section. (8) 
 
 (5.) In public elementary schools maintained but not 
 provided by the local education authority, assistant teachers 
 and pupil teachers may be appointed, if it is thought fit,
 
 100 EDUCATION ACT, IQO2. 
 
 without reference to religious creed and denomination, 
 and, in any case in which there are more candidates for 
 the post of pupil teacher than there are places to be filled, 
 the appointment shall be made by the local education 
 authority, and they shall determine the respective quali- 
 fications of the candidates by examination or otherwise. (9) 
 
 (6.) Religious instruction given in a public elementary 
 school not provided by the local education authority shall, 
 as regards its character, be in accordance with the pro- 
 visions (if any) of the trust deed relating thereto, and shall 
 be under the control of the managers : Provided that 
 nothing in this sub-section shall affect any provision in a 
 trust deed for reference to the bishop or superior ecclesi- 
 astical or other denominational authority so far as such 
 provision gives to the bishop or authority the power of 
 deciding whether the character of the religious instruction 
 is or is not in accordance with the provisions of the trust 
 deed. (10) 
 
 (7.) The managers of a school maintained but not pro- 
 vided by the local education authority shall have all 
 powers of management required for the purpose of carrying 
 out this Act, and shall (subject to the powers of the local 
 education authority under this section) have the exclusive 
 power of appointing and dismissing teachers. (11) 
 
 (i) With regard to the powers of a local education authority to 
 provide school accommodation in public elementary schools, see 
 33 & 34 Viet., c. 75, sees. 5, 18, and 19, post, and sees. 8, 9, 16, and 
 Third Schedule (6) of the present Act. As to the acquisition of sites 
 for schools, see 33 & 34 Viet., c. 75, sec. 20. 
 
 The local education authority are, subject to the conditions in this 
 sub-section, to maintain and keep efficient all public elementary 
 schools within their area which are necessary. See also sees. 18 and 
 19 of 33 & 34 Viet., c. 75, post. 
 
 The local education authority may, but are under no obligation to, 
 maintain as a public elementary school any marine school or any 
 school which is part of or is held on the premises of any institution 
 in which children are boarded (sec. 15). 
 
 For definition of the term " public elementary school," see sees. 3 
 and 7 .of 33 & 34 Viet., c. j$,post. A school, in order to bring it 
 within the terms of the section, must be " necessary." The Board of 
 Education, in the case of a school which has not previously been in 
 receipt of a parliamentary grant, may refuse an application for a 
 grant when the school is in their opinion unnecessary (sec. 98 of 
 33 & 34 Viet., c. 75, post}. See also sees. 8 and 9 of the present Act 
 as to the provision of a new school, or the enlargement of a school 
 which in the opinion of the Board of Education is such as to amount 
 to the provision of a new school. 
 
 The local education authority are to supply apparatus and every- 
 thing necessary for the efficiency of the school (sec. 19 of 33 & 34
 
 2 EDW. 7, C. 42, SEC. 7, SUB-SEC. I. IOI 
 
 Viet., c. 75, post). As to prizes with the view of maintaining the 
 efficiency of a school, see note on that section. They are, however, 
 to be entitled to use for the purposes of the school any furniture and 
 apparatus belonging to the trustees or managers of any school not 
 provided by them, and in use for the purposes of the school before 
 the "appointed day " under this Act (Second Schedule (14)). 
 
 The local education authority are also, subject to the conditions 
 referred to in this sub-section, to have control of all expenditure 
 required for maintaining and keeping efficient public elementary 
 schools, with the exception of the expenditure for which the managers 
 are under the Act to make provision. 
 
 The duties thus imposed on the local education authority, however, 
 only continue, in the case of a school not provided by the authority, 
 so long as the conditions and provisions of the section are complied 
 with ; and it is to be borne in mind that unless these conditions and 
 provisions are complied with, the conditions required in order that a 
 school may obtain a parliamentary grant will not be fulfilled. 
 
 As to the schools which are to be deemed to be provided by the 
 local education authority, see note on sec. 6. In the case of schools 
 not so provided, the expenditure for which under the Act the managers 
 are to make provision, is that required for enabling them to comply 
 with the requirements of par. (d) of this sub-section and of sub- 
 section 2. 
 
 (2) When the school is provided by the local education authority the 
 body of managers are to deal with such matters relating to the 
 management of the school, and subject to such conditions and restric- 
 tions as the local education authority determine (First Schedule, 
 Division B. (4)). The authority of the local education authority there- 
 fore is as regards all matters absolute. 
 
 In the case of schools not provided by the local education authority 
 their powers are restricted. They can give such directions as they 
 think fit with regard to the secular instruction to be given in the 
 school, subject to this, that the directions are not to be such as will 
 interfere with reasonable facilities for religious instruction during 
 school hours. This would include directions as to the books which 
 should be used in the school for purposes of secular instruction. 
 They can also give directions with respect to the number and edu- 
 cational qualifications of the teachers to be employed for such instruc- 
 tion. The directions so given, which should be given in a formal 
 way in writing, the managers are required to carry out, and if they 
 fail to do so the local education authority will have the necessary 
 power for carrying out the directions themselves as if they were the 
 managers, and will thus be enabled to supersede the managers in the 
 matter. It will also devolve on the local education authority to deter- 
 mine what salaries or other remuneration shall be assigned to the 
 teachers. 
 
 Although the appointment of a teacher will be made by the 
 managers, the consent of the local education authority to the appoint- 
 ment will be required, but that consent is not to be withheld except 
 on educational grounds. 
 
 The secretary of the Board of Education said in Committee on the 
 Bill : The local education authority will not have the right to call for 
 evidence of the comparative fitness of candidates for the post of head 
 teacher in a denominational school other than the candidate recom- 
 mended by the managers. (Parl. Debates (1902), vol. 13, 1075.)
 
 102 EDUCATION ACT, IQO2. 
 
 The local education authority can direct the dismissal of a teacher 
 on educational grounds, and the consent of the authority to the dis- 
 missal of a teacher by the managers will be required, unless the dis- 
 missal is on grounds connected with the giving of religious instruction 
 in the school. 
 
 " Educational grounds " would include not only considerations as 
 to the educational qualifications of a teacher, but also misconduct of 
 such a character as affected his qualification to act as a teacher. 
 " Grounds connected with the giving of religious instruction in the 
 school " would appear to refer to religious instruction in connection 
 with the duties of the teacher in the school. The Attorney-General, 
 in Committee on the Bill, said : There might be questions which 
 affected both the religious and the secular side. He took it that 
 habitual drunkenness would affect a man's qualification to impart 
 either secular or religious knowledge. The same might be said with 
 regard to the case of a violent-tempered man. (Parl. Debates (1902), 
 vol. 13, 956.) 
 
 It would clearly be ultra vires for the managers to impose on a 
 teacher, as a condition of employment, any extraneous duties to be 
 covered by the salary paid by the local education authority. 
 
 In any case in which there are more candidates for the post of 
 pupil teacher than there are places to be filled, the local education 
 authority are to make the appointment and to determine the qualifica- 
 tions of the candidates by examination or otherwise. 
 
 The local education authority have full control over all expendi- 
 ture of the managers for which the managers have not themselves 
 under the Act to make provision. 
 
 If any question arises between the local education authority and 
 the managers of a school not provided by them as regards their 
 powers in matters above referred to, the question is to be determined 
 by the Board of Education. 
 
 With regard to teachers, their tenure of office, salaries, &c., see sees. 
 35 and 86 of 33 & 34 Viet., c. 75, post, and notes on those sections. 
 
 (3) The local education authority have necessarily the power to 
 inspect a school which is provided by them, and this sub-section 
 confers a similar power in the case of a school not so provided. 
 
 The clause does not confer on each individual member of the local 
 education authority, or education committee, a right to claim admission 
 to the school at any time he may think fit ; but the right to inspect 
 will be delegated by the authority to such members, officers, or other 
 persons as may be authorized by them to act on their behalf. The 
 Attorney-General said in Committee on the Bill that the authority to 
 enter might be by actual and express delegation, or by the implied 
 course of business. 
 
 See also sec. 76 of 33 & 34 Viet., c. 75, post, as to inspection of 
 schools not provided by the local education authority by an inspector, 
 not one of His Majesty's Inspectors of schools. 
 
 (4) The term " schoolhouse " is defined by sec. 3 of 33 & 34 Viet., 
 c. impost, as including the teacher's dwelling-house and the play- 
 ground, if any, and the offices and all premises belonging to or 
 required for a school. 
 
 The managers of a school not provided by the local education 
 authority are to provide the schoolhouse, with the exception of the 
 teacher's residence, if any, when it is included in the school premises,
 
 2 EDW. 7, C. 42, SEC. 7, SUB-SEC. I. IO3 
 
 free of any charge to the local education 1 authority for use as a school. 
 If ground rent or other rent is payable for the school premises it will 
 devolve on the managers to pay it. If tithe commutation rent-charge 
 or any taxes are payable in respect of the premises, they also must be 
 provided for by the managers. As regards rates, sec. 3 of 60 Viet., 
 c. $,post, provides that no person shall be assessed or rated to or for 
 any local rate in respect of any land or buildings used exclusively or 
 mainly for the purposes of the schoolrooms, offices, or playground of 
 a voluntary school, except to the extent of any profit derived by the 
 managers of the school from the letting thereof. The effect of the 
 definition of " local rate " is to include within the exemption the rates 
 leviable by overseers and by urban district councils. Among the 
 rates so included are the poor rates, rates levied either separately or 
 by an addition to the poor rate for the expenses of a rural district 
 council, or for expenses under the Burial Acts, rates levied under the 
 Lighting and Watching Act, 1833, and the general district rates levied 
 by urban district councils. Any part of the premises used as a 
 teacher's residence is not exempt from assessment. If any rates 
 become payable in consequence of a profit being obtained by the 
 managers from the letting of the school premises when not in use 
 as a school, it would appear that these rates should be paid by the 
 managers. 
 
 When there is a teacher's residence forming part of the premises 
 the local education authority will not be entitled to claim that it shall 
 be used either as a residence for the teacher or otherwise, except on 
 such terms as may be agreed on between them and the managers or 
 trustees. When a teacher occupies a residence rent free, it may be 
 presumed that this is taken into account in fixing the salary of the 
 officer, this salary being payable by the local education authority. If 
 the local education authority agree with the managers for the occu- 
 pation of the teacher's residence, arrangements should be made as to 
 the payments in respect of ground-rent, rates, and taxes (if any) for 
 that part of the school premises. 
 
 The managers of the school are also out of funds provided by them 
 to keep the schoolhouse in good repair, but such damage as the local 
 education authority consider to be due to fair wear and tear in the 
 use of any room in the schoolhouse for the purpose of a public 
 elementary school is to be made good by the local education authority. 
 The Attorney-General, in Committee on the Bill, said : So far as 
 repairs were concerned, the managers should keep the schools in a 
 condition fit for educational purposes. The words included structural 
 repairs. (Parl. Debates (1902), vol. 13, mo, 1118.) 
 
 The managers are also to make, at the cost of funds provided by 
 them, such alterations and additions as may be reasonably required 
 by the local education authority. When the authority require that 
 alterations or additions shall be made they should specifically state 
 what are the alterations or additions required, and generally it would 
 be desirable that plans should be prepared by them, showing what 
 are the alterations or additions proposed. The rules issued by the 
 Board of Education to be observed in fitting up and planning public 
 elementary schools (1902, Cd. 1332), which may be obtained of 
 Messrs. Eyre and Spottiswoode, East Harding Street, Fleet Street, 
 E.G., it is desirable should be referred to before determining on any 
 such requirements. 
 
 A proposal that the managers should undertake the cost of insurance 
 against fire was negatived in Committee on the Bill.
 
 104 EDUCATION ACT, 1902. 
 
 The funds which will be available to the managers for the purpose 
 of the expenditure for which they have to provide will mainly be dona- 
 tions and subscriptions, endowments, if any (subject to the provisions 
 of sec. 13), payments in respect of the teacher's residence when forming 
 part of the school premises, the part of the school fees apportioned 
 to them under sec. 14 when fees are charged, and also any profit 
 which the managers may derive from letting the schoolhouse for 
 times when it is not required under sub-sec. I (d) for use as a public 
 elementary school, or under sub-sec, i (e) for use by the local educa- 
 tion authority for other educational purposes. 
 
 They can also apply to this purpose any moneys in the hands of 
 the managers at the " appointed day " which are not required to meet 
 outstanding liabilities, and sums received by them from the parlia- 
 mentary grants in respect of a period prior to the " appointed day.'' 
 As to the " appointed day," see sec. 27. 
 
 The Board of Education, in their letter dated February, 1903 (see 
 Appendix, p. 688), and addressed to the governing bodies of the asso- 
 ciations of voluntary schools, state as follows: "Any balances which 
 the old managers may have in hand on the ' appointed day ' are held 
 by them in a fiduciary capacity for the purposes of the school as a public 
 elementary school, and should therefore be handed over to their suc- 
 cessors, to be used at their discretion for those purposes connected 
 with the school for which provision has to be made by them under 
 the Act. No other application of the money would be permissible 
 without a scheme under the provisions of the Charitable Trusts Acts, 
 which could only be made if the original purposes were no longer 
 available,- if, for instance, the school was closed or transferred to the 
 local authority." 
 
 As regards a reference to the Board of Education of questions 
 arising between the managers and the local education authority with 
 respect to the requirements under this sub-section, see sub-sec. 3. 
 
 As to school furniture, see sub-sec. 2 and Second Schedule (14). 
 
 (5) In country districts especially it has been very usual to arrange 
 for the use of voluntary public elementary schools for evening schools 
 for technical instruction, and as a rule no charge has been made on 
 the authorities under the Technical Instruction Acts by the managers 
 for the use of schools for the purpose referred to. Under this sub- 
 section the local education authority, if they have no suitable accom- 
 modation in schools provided by them, will have the right, in the 
 case of a school not provided by them, to use, free of charge, any 
 room in the schoolhouse for the purpose referred to or for any other 
 educational purpose, for not more than three days in the week. The 
 right in question is only conferred on the local education authority, 
 and consequently the council of a non-county borough or urban 
 district, when not a local education authority, although they are 
 empowered under sec. 3 to supply or aid the supply of higher educa- 
 tion, will have no such right. But in the case of these boroughs and 
 urban districts there will usually be no such difficulty in finding 
 suitable accommodation as would frequently arise, were it not for this 
 provision, in rural areas under the jurisdiction of the council of a 
 county. 
 
 The right in the case of a local education authority can only arise 
 where they have no suitable accommodation in schools provided by 
 them. 
 
 In this matter also any question arising between the managers and
 
 2 EDW. 7, C. 42, SEC. 7, SUB-SEC. 2. IO5 
 
 the local education authority may, on being referred to the Board of 
 Education, be determined by that Board under sub-sec. 3. 
 
 With regard to the use of a public elementary school for the 
 purpose of taking a poll in parliamentary elections, and elections of 
 county councillors, guardians, urban and rural district councillors, 
 and parish councillors, for proceedings and meetings in connection 
 with the question of allotments, and for meetings of parish councils 
 and parish meetings in parishes in the district of a rural district 
 council, see notes to sec. ig of 33 & 34 Viet., c. 75, post. 
 
 (6) The local education authority are entitled to use for the purpose 
 of the school in the case of a public elementary school not provided 
 by them, any school furniture and apparatus belonging to the trustees 
 or managers of the school and in use for the purposes of the school 
 before the "appointed day" (Second Schedule (14)). As to the 
 "appointed day," see sec. 27. 
 
 Any new furniture or additional furniture which may be required 
 for the school it will devolve on the local education authority to supply. 
 
 As there will frequently be a joint use of the furniture by the local 
 education authority and the managers, the sub-section provides that 
 the managers shall, in respect of the use by them of the school 
 furniture out of school hours, be liable to make good any damage 
 caused to the furniture by reason of that use other than damage 
 arising from fair wear and tear. 
 
 In like manner, the local education authority in respect of the use 
 by them of any room in the schoolhouse out of school hours are to 
 make good any damage caused to the room by reason of that use 
 other than damage arising from fair wear and tear. 
 
 As regards the lighting and warming of the rooms, it will devolve 
 on the local education authority to make the requisite arrangements 
 for such times as the school is used by them, and on the managers 
 for such times as they have the use of the rooms. 
 
 The managers are responsible for a room in the schoolhouse which 
 has been used by them being left in a proper condition for school 
 purposes. 
 
 Any question arising under this sub-section between the local 
 education authority and the managers may be determined by the 
 Board of Education under sub-sec. 3. 
 
 (7) The matters covered by the section are so numerous that it is 
 probable that there will be a large number of questions referred to 
 the Board of Education under this sub-section. The convenient 
 course when a question arises which it is desired to submit to the 
 Board to be determined by them would be that a full statement in 
 writing of the facts should be agreed on by both parties, the conten- 
 tion on each side being also stated, and that the Board should give 
 their decision on this statement. When no such statement can be 
 agreed on, each party should state their case in writing. If the 
 Board of Education consider that, before giving their decision, a local 
 inquiry should be held under sec. 23 (10), they can direct an inquiry 
 accordingly, and in that case the provisions of sec. 73 of the 33 & 34 
 Viet., c. J$,post, will apply. When an inquiry is held, the Board can 
 direct by whom the costs of the inquiry shall be paid. 
 
 (8) With regard to the conditions which must be fulfilled by an 
 elementary school, in addition to that imposed by this sub-section, in
 
 IO6 EDUCATION ACT, 1902. 
 
 order to obtain a parliamentary grant, see sees. 7 and 97 of 33 & 34 
 Viet., c. 75, post. 
 
 In connection with the conditions which by this sub-section are 
 required to be fulfilled in order that a school may obtain a parlia- 
 mentary grant, it is to be observed that under the provisions in the 
 Third Schedule (7) to this Act and sec. 99 of 33 & 34 Viet, c. 75, post, 
 the managers of every elementary school have power to fulfil the 
 conditions required to be fulfilled in order to obtain a parliamentary 
 grant, notwithstanding any provision contained in any instrument 
 regulating the trusts or management of their school. 
 
 (9) In the case of a public elementary school not provided by the 
 local education authority it will be entirely in the discretion of the 
 managers whether, when they appoint assistant teachers or pupil 
 teachers, they will have any regard to the religious creed and denomi- 
 nation of the person proposed to be appointed. 
 
 If there are more candidates for the post of pupil teacher than 
 there are places to be filled, the local education authority and not the 
 managers are to make the appointment, and in such cases they may 
 disregard the question of the religious creed or denomination of the 
 candidates, and may determine the respective qualifications of the 
 candidates by examination or otherwise. 
 
 This sub-section does not impose on the managers of the school 
 any obligation to make any public notification of a vacancy arising 
 in the post of pupil teacher, but it will be in the power of the local 
 education authority to give directions to the managers on the subject 
 when they deem it desirable. 
 
 The secretary of the Board of Education, in Committee on the Bill, 
 said that this provision would open the doors of the teaching profes- 
 sion more widely to nonconformists and persons of all denominations, 
 and place the education authorities in the position to start a scheme 
 for the general organization of the teaching profession. 
 
 (10) The religious instruction given in a school not provided by the 
 local education authority is as regards its character to be in accordance 
 with the provisions, if any, of the trust deed relating thereto, and, 
 subject to the proviso, it is to be under the control of the managers. 
 
 For definition of the term " trust deed," see sec. 24 (5). 
 
 It must, however, be borne in mind that the provisions of sec. 7 of 
 the 33 & 34 Viet., c. 7%, post, as to religious observances and instruc- 
 tion in religious subjects in schools and the other regulations included 
 in that section must be strictly complied with, or the conditions which 
 are required in order that an elementary school may obtain a 
 parliamentary grant will not be fulfilled. 
 
 As regards the proviso, precedents of trust deeds settled for Church 
 of England schools and schools in connection with other religious 
 bodies are given in a Parliamentary Paper [Cd. 1337], 1902. 
 
 The following is an extract from a trust deed included amongst the 
 precedents: "In case any difference shall arise between the minister 
 and the curate and the committee of management hereinbefore 
 mentioned respecting the prayers to be used in the school not being 
 the Sunday school or the religious instruction of the scholars attend- 
 ing the same or any regulation connected therewith or the exclusion 
 of any book the use of which in the school may be objected to on 
 religious grounds or the dismissal of any teacher from the school on 
 account of his or her defective or unsound instruction of the children
 
 2 EDW. 7, C. 42. SEC. 7, SUB-SEC. 7. IO7 
 
 in religion, the minister or curate or any member of the committee may 
 cause a written statement of the matter in difference to be laid before 
 the bishop of the diocese within which such school shall be situated, a 
 copy thereof having been previously communicated to the committee 
 or minister or curate if they or he shall not have been parties or privy 
 to the making of the statement respectively, and the bishop may 
 inquire concerning and determine the matter in difference, and the 
 decision of the bishop in writing under his hand thereon when laid 
 before the committee shall be final and conclusive in the matter." 
 
 The Attorney-General, in Committee on the Bill, said : The only 
 reference to the bishop on my view of the clause will be on any 
 question as to the character of the religious teaching. On every other 
 question as to the management of the religious teaching, how it is 
 to be given, and by whom the managers will have full control, and 
 no appeal will lie against their decision. If the managers should 
 infringe the terms of the trust as regards the character of the religious 
 instruction as defined by the deed itself or by the Bishop on reference 
 under the terms of the deed, the proper remedy would be as in the 
 case of any abuse of a charitable trust by an information in the name 
 of the Attorney-General. (Parl. Debates (1902), vol. 15, 847.) 
 
 If the trust deeds provide for the reference to the bishop on the 
 question of what is appropriate religious teaching, having reference 
 to the tenets of the denomination, that reference will not be interfered 
 with ; but as regards the whole management and control of the giving 
 of religious instruction, how and by whom it is to be given, the effec- 
 tive power of decision rests without appeal with the managers. (Parl. 
 Debates (1902), vol. 15, 1107.) 
 
 In public elementary schools provided by the local education 
 authority the provision in sec. 14 of 33 & 34 Viet., c. 75, post, that no 
 religious catechism or religious formulary which is distinctive of any 
 particular denomination shall be taught in the school, must be strictly 
 observed, as well as the several regulations contained in sec. 7 of that 
 Act. 
 
 (u) The managers will act as one body with regard to all subjects 
 relating to management. 
 
 With respect to the powers of the local education authority under 
 the section as to appointing and dismissing teachers, see sub-sees. 
 I (a) and (c) and 5. 
 
 Provision of New Schools. 
 
 8 (l.) Where the local education authority or any 
 other persons propose to provide a new public elementary 
 school, they shall give public notice of their intention to 
 do so, and the managers of any existing school, or the 
 local education authority (where they are not themselves 
 the persons proposing to provide the school), or any ten 
 ratepayers in the area for which it is proposed to provide 
 the school, may, within three months after the notice is 
 given, appeal to the Board of Education on the ground 
 that the proposed school is not required, or that a 
 school provided by the local education authority, or not so
 
 IOS EDUCATION ACT, 1902. 
 
 provided, as the case may be, is better suited to meet the 
 wants of the district than the school proposed to be pro- 
 vided, and any school built in contravention of the decision 
 of the Board of Education on such appeal shall be treated 
 as unnecessary. 
 
 (2.) If, in the opinion of the Board of Education, any 
 enlargement of a public elementary school is such as to 
 amount to the provision of a new school, that enlargement 
 shall be so treated for the purposes of this section. 
 
 (3.) Any transfer of a public elementary school to or 
 from a local education authority shall for the purposes of 
 this section be treated as the provision of a new school. 
 
 For definition of the term "ratepayers," see sec. 3 of 33 & 34 Viet., 
 c. y $, post. The appeal by ratepayers must be by not less than ten. 
 This follows the provision in sec. 9 of the 33 & 34 Viet., c. 75 (now 
 repealed), as to appeals by ratepayers against the decision of the 
 Board of Education as to public school accommodation required. 
 
 See sec. 98 of that Act as to the refusal of a parliamentary grant in 
 the case of a school which is in the opinion of the Board of Education 
 unnecessary. 
 
 Where a building which has been used as a public elementary 
 school is pulled down and a new school building is erected in its 
 place for the purpose of providing for the same area as that for which 
 the original school provided, and for a like number of children, this 
 would not appear to be the provision of a new school within the 
 meaning of the section. 
 
 Sec. 9 specifies the considerations to which the Board of Education 
 are to have regard in determining whether a school or such an en- 
 largement as that referred to in sub-sec. 2 is necessary or not. A 
 school for the time being recognized as a public elementary school is 
 not, however, to be considered unnecessary if the number of scholars 
 in average attendance at the school, as computed by the Board of 
 Education, is not less than 30. 
 
 Necessity of Schools. 
 
 9. The Board of Education shall, without unnecessary 
 delay, determine, in case of dispute, whether a school is 
 necessary or not, and, in so determining, and also in 
 deciding on any appeal as to the provision of a new 
 school, shall have regard to the interest of secular in- 
 struction, to the wishes of parents as to the education of 
 their children, and to the economy of the rates ; but a 
 school for the time being recognized as a public elementary 
 school shall not be considered unnecessary in which the 
 number of scholars in average attendance, as computed by 
 the Board of Education, is not less than thirty. 
 
 This section enables the Board of Education to determine, in the
 
 2 EDW. 7, C. 42, SEC. IO, SUB-SEC. I. 109 
 
 case of an existing school, whether it is necessary or not, as well as 
 to decide on the appeals referred to in sec. 8. 
 
 With respect to the number of scholars in average attendance, see 
 Article 12 of the Day School Code, which defines "an attendance" at 
 school, and Article 14, which provides that the average attendance for 
 any period is found by dividing the total number of attendances 
 during that period by the number of times for which the school has 
 met during such period (Appendix, pp. 634, 635). 
 
 Sec. 22, limiting the provision in a public elementary school of 
 instruction under the regulations of the Board of Education to 
 scholars within the age therein referred to, is also to be borne in 
 mind. 
 
 Aid Grant. 
 
 10. (i.) In lieu of the grants under the Voluntary 
 Schools Act, 1897, and under section ninety-seven of the 
 Elementary Education Act, 1870, as amended by the 
 Elementary Education Act, 1897, there shall be annually 
 paid to every local education authority, out of moneys 
 provided by Parliament 
 
 (a) A sum equal to four shillings per scholar ; and 
 
 (b) An additional sum of three halfpence per scholar 
 
 for every complete twopence per scholar by which 
 
 the amount which would be produced by a penny 
 
 rate on the area of the authority falls short of ten 
 
 shillings a scholar ; Provided that, in estimating 
 
 the produce of a penny rate in the area of a local 
 
 education authority not being a county borough, 
 
 the rate shall be calculated upon the county rate 
 
 basis, which, in cases where part only of a parish 
 
 is situated in the area of the local education 
 
 authority, shall be apportioned in such manner 
 
 as the Board of Education think just. 
 
 But if in any year the total amount of parliamentary 
 
 grants payable to a local education authority would make 
 
 the amount payable out of other sources by that authority 
 
 on account of their expenses under this Part of this Act 
 
 less than the amount which would be produced by a rate 
 
 of threepence in the pound, the parliamentary grants shall 
 
 be decreased, and the amount payable out of other sources 
 
 shall be increased by a sum equal in each case to half the 
 
 difference. 
 
 (2.) For the purposes of this section the number of 
 scholars shall be taken to be the number of scholars in 
 average attendance, as computed by the Board of Edu- 
 cation, in public elementary schools maintained by the 
 authority.
 
 110 EDUCATION ACT, 1902. 
 
 Under the Voluntary Schools Act, 1897, there was annually paid 
 out of moneys provided by Parliament, for aiding voluntary schools 
 an aid grant, not exceeding in the aggregate five shillings per scholar 
 for the whole number of scholars in those schools. The aid grant 
 was distributed by the Board of Education to such voluntary schools 
 and in such manner and amounts as the Board thought best for the 
 purpose of helping necessitous schools and increasing their efficiency, 
 due regard being had to the maintenance of voluntary subscriptions. 
 When associations of schools were constituted in such manner in 
 such areas and with such governing bodies representative of the 
 managers as were approved by the Board of Education, there was 
 allotted to each association while so approved (a) a share of the aid 
 grant computed according to the number of scholars in the schools 
 of the association at the rate of five shillings per scholar, or when the 
 Board fixed different rates for town and country schools respectively, 
 then at those rates ; and ($) a corresponding share of any sum which 
 might be available out of the aid grant after distribution had been 
 made to unassociated schools. By a minute dated i6th of June, 
 1897, it was provided that a voluntary school, which on the first day 
 of April in any year was situated within the district of the County 
 Council of London, or within a county borough, municipal borough, 
 or other urban district, should be a town school for the purpose of 
 the allotment of the aid grant, and that any school not so situated 
 should be a country school for the same purpose. By the same 
 minute the following rates were fixed for town and country schools 
 respectively : For town schools, the rate of $s. ()d. per scholar ; for 
 country schools, the rate of $s. 3</. per scholar. 
 
 The Elementary Education Act, 1870, by sec. 97, provided as follows : 
 " Where the school board satisfy the Education Department that in any 
 year ending the 29th 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 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 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 elementary schools provided 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 pro- 
 vided by Parliament as, when added to the SUT. actually so paid by 
 the rating authority, 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 shall be reckoned for the purpose of 
 calculating such average attendance unless it is an attendance as 
 defined in the said minutes." 
 
 This enactment was amended by the Elementary Education Act, 
 1897, which provided that sec. 97 of the Elementary Education Act, 
 1870, should have effect as if the sum of seven shillings and sixpence 
 therein mentioned were increased by the sum of fourpence for every 
 complete penny by which the school board rate for the year therein 
 mentioned exceeded threepence, provided that the said sum of seven 
 shillings and sixpence should not be thereby increased beyond a 
 maximum of sixteen shillings and sixpence. " School board rate " 
 was defined as meaning the rate in the pound on the rateable value 
 of the district which would have produced the sum required in the
 
 2 EDW. 7, C. 42, SEC. IO, SUB-SEC. I. Ill 
 
 said year for the purpose of the annual expenses of the Board, and 
 actually paid in that year to the treasurer by the rating authority. 
 
 The grants under the provisions above referred to will cease from 
 the appointed day prescribed by sec. 27, and in lieu of those grants 
 the aid grant for which this section provides will be paid. 
 
 The voluntary schools aid grant amounted last year to ,64.0,000, 
 and the grants under sec. 97 of the Elementary Education Act, 1870, 
 as amended by the Elementary Education Act, 1897, amounted to 
 ,220,000, making together ,860,000. 
 
 The new aid grant provided for by this section it was estimated by 
 the First Lord of the Treasury might amount to ,1,300,000 more than 
 the two grants above referred to, which will be superseded. 
 
 It will be observed that for the purposes of the grant the number 
 of scholars is to be taken to be the number of scholars in average 
 attendance as computed by the Board of Education in public ele- 
 mentary schools maintained by the local education authority, whether 
 in schools provided by them or in schools not so provided. The 
 Code of the Board of Education provides that "an attendance means 
 attendance at secular instruction (a) during one hour and a half in 
 the case of a scholar in a school or class for infants, and (6) during 
 two hours in the case of a scholar in a school or class for older 
 children, and during one hour and twenty minutes in the case of a 
 half-time scholar. The attendance of a half-time scholar for less 
 than two consecutive hours is not recognized, but such two consecutive 
 hours are reckoned as an attendance and a half." The " average 
 attendance" for any period is found by dividing the total number 
 of " attendances " made during that period by the number of times 
 for which the school has met during that period (see Articles 12 and 
 14 of Day School Code in Appendix, pp. 634, 635). In connection with 
 this provision the limit of age of children for whom instruction may be 
 given in a public elementary school which is prescribed by sec. 22 (2) 
 of this Act is to be borne in mind. 
 
 In estimating the produce of a penny rate in the area of a local 
 education authority not being a county borough, the rate is to be 
 calculated on the county rate basis. This basis is adopted, as it is the 
 basis of a rate levied by one authority throughout the county, and is 
 assumed to give the total values of the properties in the different 
 parishes more accurately than is sometimes the case as regards the 
 valuation lists approved by the assessment committees of the different 
 unions. There are cases, although they are very exceptional, where 
 part only of a parish is situated in the area of the local education 
 authority. In these cases the rate is to be apportioned in such manner 
 as the Board of Education think just. 
 
 The produce of the penny rate is to be estimated not on the full 
 rateable value but on the assessable value, i.e. the rateable value less 
 one half of the rateable value of agricultural land (First Lord of the 
 Treasury, Parl. Debates [1902], vol. 14, 882). 
 
 In estimating what a rate at a certain rate in the pound will pro- 
 duce, it is necessary to have regard to the proportion of the rate which 
 will not be collected, in consequence of properties included in the 
 rate being unoccupied during part of the time for which the rate is 
 made, excusals on the ground of poverty, the allowances to owners 
 who, under the Poor Rate Assessment and Collection Act, 1869, pay 
 the rates instead of the occupiers, or for other reasons, are irrecover- 
 able. It is for this reason that it is provided by sec. 23 (4) that the
 
 112 EDUCATION ACT, 1902. 
 
 amount which would be produced by any rate in the pound shall be 
 estimated for the purposes of the Act in accordance with regulations 
 made by the Local Government Board. 
 
 Subject to the conditions above referred to and to the exception 
 provided for in the concluding paragraph of the sub-section, the aid 
 grant will be 
 
 (a) A sum equal to four shillings per scholar, and 
 
 (b) An additional sum of three halfpence per scholar for every 
 complete twopence per scholar by which the amount which would be 
 produced by a penny rate on the area of the authority falls short of 
 ten shillings a scholar. 
 
 As regards the exception above referred to it will be remembered 
 that the parliamentary grants are the annual grant (including the 
 grant for higher public elementary schools) referred to in sees. 96 and 
 97 f 33 & 34 Viet., c. 7$, post, the fee grants payable under 54 & 55 
 Viet., c. 56, post, the additional grants payable in the case of districts 
 with small population under sec. 19 of the 39 & 40 Viet., c. 79, and 
 sec. 2 of the 53 & 54 Viet., c. 22, the grants payable under sec. 12 of 
 the 56 & 57 Viet., c. 42, post, in respect of children in schools for blind 
 and deaf children, and the grants payable under the 62 & 63 Viet., 
 c. 32, post, for defective children in day schools and classes or in 
 certified schools for boarding and lodging defective children and for 
 epileptic children in certified schools for epileptic children. 
 
 The payments made to a local education authority under the 
 Agricultural Rates Acts are not a parliamentary grant for the purposes 
 of this section. 
 
 This sub-section is to meet the case where the total amount of 
 parliamentary grants payable to a local education authority would 
 make the amount payable out of other sources by that authority under 
 this part of the Act (i.e. the part relating to elementary education) less 
 than the amount which would be produced by a rate of threepence in 
 the pound, that amount being estimated as stated above in accordance 
 with the regulations which will be made by the Local Government 
 Board. In that case the parliamentary grants are to be decreased 
 and the amount payable out of other sources to be increased by a sum 
 equal in each case to half the difference. 
 
 The loan expenses chargeable to present school board areas will be 
 included in the total expenses of the local education authority for 
 calculating the aid grant payable to the authority (First Lord of the 
 Treasury, Parl. Debates [1902], vol. 14, 1034). 
 
 Foundation Managers. 
 
 ii. (i.) The foundation managers of a school shall be 
 managers appointed under the provisions of the trust deed 
 of the school, but if it is shown to the satisfaction of the 
 Board of Education that the provisions of the trust deed 
 as to the appointment of managers are in any respect 
 inconsistent with the provisions of this Act, or insufficient 
 or inapplicable for the purpose, or that there is no such 
 trust deed available, the Board of Education shall make an
 
 2 EDW. 7, C. 42, SEC. II. 113 
 
 order under this section for the purpose of meeting the 
 case, (i) 
 
 (2.) Any such order may be made on the application of 
 the existing owners, trustees, or managers of the school, 
 made within a period of three months after the passing of 
 this Act, and after that period on the application of the 
 local education authority or any other person interested in 
 the management of the school, and any such order, where 
 it modifies the trust deed, shall have effect as part of the 
 trust deed, and where there is no trust deed shall have 
 effect as if it were contained in a trust deed. (2) 
 
 (3.) Notice of any such application, together with a copy 
 of the draft final order proposed to be made thereon, shall 
 be given by the Board of Education to the local education 
 authority and the existing owners, trustees, and managers, 
 and any other persons who appear to the Board of Educa- 
 tion to be interested, and the final order shall not be made 
 until six weeks after notice has been so given. (3) 
 
 (4.) In making an order under this section with regard 
 to any school, the Board of Education shall have regard to 
 the ownership of the school building, and to the principles 
 on which the education given in the school has been 
 conducted in the past. (4) 
 
 (5.) The Board of Education may, if they think that the 
 circumstances of the case require it, make any interim 
 order on any application under this section to have 
 temporary effect until the final order is made. (5) 
 
 (6.) The body of managers appointed under this Act for 
 a public elementary school not provided by the local 
 education authority shall be the managers of that school 
 both for the purposes of the Elementary Education Acts, 
 1870 to 1900, and this Act, and, so far as respects the 
 management of the school as a public elementary school, 
 for the purpose of the trust deed. (6) 
 
 (7.) Where the receipt by a school, or the trustees or 
 managers of a school, of any endowment or other benefit 
 is, at the time of the passing of this Act, dependent on 
 any qualification of the managers, the qualification of the 
 foundation managers only shall, in case of question, be 
 regarded. (7) 
 
 (8.) The Board of Education may, on the application of 
 the managers of the school, the local education authority, 
 or any person appearing to them to be interested in the 
 school, revoke, vary, or amend any order made under this 
 section by an order made in a similar manner ; (8) but before 
 
 I
 
 114 EDUCATION ACT, 1902. 
 
 making any such order the draft thereof shall, as soon as 
 may be, be laid before each House of Parliament, and, if 
 within thirty days, being days on which Parliament has 
 sat, after the draft has been so laid before Parliament, 
 either House resolves that the draft, or any part thereof, 
 should not be proceeded with, no further proceedings shall 
 be taken thereon, without prejudice to the making of any 
 new draft order. (9) 
 
 (i) The following notes, when given as quotations, are extracts 
 from a memorandum of the Board of Education dated the 27th 
 December, 1902. (See Appendix, p. 678.) 
 
 As to the appointment of managers of public elementary schools 
 not provided by the local education authority, see sec. 6 (2). 
 
 " Every voluntary public elementary school will henceforth be 
 managed by a body normally consisting of six persons, of whom four 
 will be ' foundation managers ' representing the interests of those by 
 whom the school was established or is at present managed. The 
 remaining two managers will be representative of local authorities. 
 The ' foundation managers ' will, although appointed in a different 
 manner, act together with the two other managers for the purpose of 
 conducting a public elementary school, and with them will compose the 
 body which is spoken of in the Act as ' the managers of the school.' " 
 
 This is, however, subject to the provisions in sec. 6 (3), under which 
 the number of managers specified above may be increased by the 
 local education authority when they consider that the circumstances 
 of any school require that the number should be so increased ; but in 
 that case the number of each class of managers must be propor- 
 tionately increased. See notes on sees. 6 (3) (a) and 12 as to the 
 grouping of schools under one body of managers. 
 
 The Board of Education state that orders of the Board under sec. 1 1 
 will be so drawn as to meet the case of future increase in the number 
 of managers. 
 
 The section requires that the foundation managers of a school shall 
 be managers appointed under the provisions of the trust deed of the 
 school, unless it is shown to the satisfaction of the Board of Education 
 that the provisions of the trust deed as to the appointment of managers 
 are in any respect inconsistent with the provisions of this Act or in- 
 sufficient or inapplicable for the purpose, or that there is no trust deed 
 available. 
 
 The expression " trust deed " includes " any instrument regulating 
 the trusts or management of a school." 
 
 " For the purposes of the Act therefore the term ' trust deed ' 
 includes not only deeds in the ordinary sense, but also any of the 
 following instruments if they provide for the appointment of trustees 
 or give directions for the management of a school or its endowment, 
 viz. : 
 
 (i.) Orders of the Court of Chancery ; 
 (ii.) Orders of a County Court under the Charitable Trusts Acts, 1853 
 
 and 1860 ; 
 
 (iii.) Orders of the Charity Commissioners ; 
 (iv.) Schemes made under the Endowed Schools Acts ; 
 (v.) Schemes made by the Education Department under sec. 75 of 
 the Elementary Education Act of 1870 ;
 
 2 EDW. 7, C. 42, SEC. II, SUB-SEC. I. 11$ 
 
 (vi.) In the case of privately-owned schools, a lease or agreement in 
 writing by which a school is let to managers for the purposes 
 of a school may be usually regarded as a trust deed, and any 
 trust declared therein attaches to the whole of the tenants' interest 
 whatever it may be." 
 
 "It is apprehended that when there is a trust deed an order will 
 usually be required in the following cases : 
 
 (a) Where the trust-deed contemplates a number of managers either 
 
 greater or less than four. 
 
 ($) Where the trust deed gives (i) no directions as to the appoint- 
 ment of managers, or (2) such directions as cannot be fulfilled, 
 and 
 
 (c) Where by reason of changes in local or other circumstances, the 
 trust deed has become inapplicable for the purposes of the 
 management of the school, or a strict adherence to the letter of 
 the deed would defeat its intention." 
 
 Where, however, the school has a trust deed, " and the deed 
 permits of the appointment of four foundation managers and gives 
 sufficient and practicable directions as to the manner of their 
 appointment, the intervention of the Board of Education will not 
 usually be required, and the present managers will only have to see 
 that four such managers are properly appointed to act with the two 
 other managers." 
 
 When this is not the case, the proper course for the owners or 
 trustees or managers is to apply to the Board of Education for an 
 order under this section for the purpose of meeting the case. 
 As to applications for an order, see notes on sub-sec. (2). 
 
 "In cases where an order is required to adapt the provisions of the 
 deed to the new conditions of management created by the Act, and 
 where the trust deed departs from the usual type or contains unusual 
 provisions as to the management of the school, it is desirable that 
 special recommendations should be made by the applicant as to the 
 provisions to be embodied in the order. In other cases recom- 
 mendations may conveniently be made (in the case of denominational 
 schools) in or by reference to one of the forms adopted by the 
 National Society, or associations of Church of England, Roman 
 Catholic, Wesleyan, or other schools. It is desirable that where 
 schools have trust deeds of a similar type, uniformity in the provisions 
 relating to the appointment of foundation managers should be secured, 
 as far as is possible consistently with due regard to the trust deed and 
 local circumstances." 
 
 "In cases of doubt or difficulty where the trust deed is defective or 
 insufficient in any particulars^ the trustees should not attempt to 
 supplement it by a new deed, but should apply for direction to the 
 Board of Education (exercising the powers formerly belonging to the 
 Charity Commissioners in respect of purely educational endowments)." 
 
 The defects in a deed may usually be cured by an order under this 
 section. " Where this is not possible it is open to the trustees to 
 apply to the Board of Education for a scheme, but no schemes will 
 be made at present unless it is clearly shown that an order would be 
 insufficient to secure the proper management of the school." 
 
 "Where there is no trust deed and the school is not claimed as 
 Pri-vate property, but is held on implied trusts (i.e. such as may be 
 presumed from usage), it is undesirable that the persons now managing 
 the school should attempt to make a trust deed ; they should either
 
 Il6 EDUCATION ACT, 1902. 
 
 apply to the Board of Education for an order under this section, or, 
 in case of doubt or difficulty as to their rights and duties, for direction 
 under the Charitable Trusts Acts." 
 
 "An order under this section will be required in all cases where 
 there is no trust deed or where the trust deed is not available. Where 
 a trust deed is known to have existed, every effort should be made 
 to discover it. Where the trust deed cannot be found, particulars 
 should be given in the application form of any draft, abstract, or 
 other documents from which the trusts of the school may be collected." 
 
 " Where no trust deed is known to have existed, it is important that 
 full particulars of the usage which has prevailed in the management 
 of the school at different periods should be supplied. The direction 
 contained in sub-sec. (4) that the Board 'shall have regard to ... 
 the principles on which the education given in the school has been 
 conducted in the past, is specially applicable to such cases." 
 
 " Where school premises are held by lease or agreement from a 
 private owner, it is not open to the owner, pending the term of the 
 tenancy, to modify the trusts on which the premises are held. In 
 such cases, if the conditions of letting do not allow of the appointment 
 of the number of foundation managers required by the Act, it is the 
 duty of the owner or the managers to apply to the Board of Education 
 for an order under this section." 
 
 "Where school premises are the property and in the possession of a 
 private owner free from any trusts, express or implied, for educational 
 purposes, several courses are open to him. 
 
 (i.) He may retain them in his own hands and as his absolute 
 property, permitting them to be used by managers appointed by 
 himself. In this case, as there is no trust deed, he will have to 
 apply to the Board of Education for an order appointing founda- 
 tion managers. This course is perhaps the least convenient, 
 (ii.) He may execute a declaration of trust making himself, either 
 alone or jointly with others, trustee of the school, either in 
 perpetuity or for a fixed period. 
 
 (iii.) He may convey the school to trustees in perpetuity, 
 (iv.) He may let the school to managers by lease or agreement for 
 a term of years, or from year to year, at a nominal or a substantial 
 rent. This rent must now be paid by the managers out of funds 
 other than those provided by the local education authority, and 
 must not be charged in the school accounts." 
 
 "In the second, third, and fourth cases above-mentioned he may 
 insert in the trust deed, lease, or agreement, such provisions as to 
 management and mode of appointing managers as he thinks fit. If 
 these provisions are consistent with and sufficient for the purposes 
 of the Act, no order under this section will be required. It is obviously 
 desirable that in any case he should act under competent legal advice, 
 and the Board of Education cannot undertake to advise an owner 
 as to the manner in which he should carry out his intention." 
 
 " It may be noted that if the owner lets the school to a local 
 education authority it becomes a ' provided ' school subject to the 
 ' Cowper-Temple clause,' and all the other provisions of the Act 
 applicable to such schools will attach to it. The relations between 
 the owner and the local authority will be merely those of landlord 
 and tenant." 
 
 In the foregoing observations, it is assumed that it is intended to
 
 2 EDW. 7, C. 42, SEC. II, SUB-SEC. 2. 1 1/ 
 
 carry on the school in accordance with the trusts, except in so far as 
 those trusts are modified by the Act. 
 
 As to the closing of schools, the Board of Education state, " It is 
 to be remembered that (except in the case of such privately-owned 
 schools as are the absolute property of the owner, and are subject to 
 no trusts whatsoever) managers and trustees of elementary schools 
 usually hold the school premises upon trust, either themselves to 
 carry on a school therein or to permit it to be carried on. It is there- 
 fore not open to either body, or even to both bodies acting together, 
 to close the school as or when they please. An attempt to close the 
 school capriciously or for insufficient reasons may involve the conse- 
 quences attendant on a breach of trust. If trustees or managers are 
 unable or unwilling to carry on the school it is their duty at once to 
 apply to the Board of Education (who for this purpose may exercise 
 the powers formerly possessed by the Charity Commissioners) to be 
 relieved of their trust or for direction in the matter." 
 
 It will be observed from sub-sec. 2 that where an order is made 
 under this section modifying the trust deed, it will have effect as part 
 of the trust deed, and that where there is no trust deed, the order will 
 have effect as if it were contained in a trust deed. 
 
 With regard to applications to the Board of Education for orders 
 under this section, see notes on sub-sec. (2). 
 
 (2) An order under the foregoing provisions, with respect to a trust 
 deed, may be made on the application of " the existing owners, trustees, 
 or managers of a school," made within three months from the date of 
 the passing of the Act (the i8th December, 1902). 
 
 " The trustees are those persons in whom the property in the school 
 premises is now vested. These persons may also be entitled to act 
 as managers, but in the case of most elementary schools the two 
 bodies are distinct. For the purposes of the Act it is indifferent 
 whether the application is made by the trustees or by the managers, 
 but in any case the application should be signed by a majority of the 
 body which applies. It is also obviously desirable that before 
 applying the managers and trustees should consult one another, and 
 also the owner if there is one." 
 
 The Board of Education have prepared forms of application for 
 orders under this section, to meet the cases (a) where there is a trust 
 deed or other written instrument declaring the trusts, and (b) where 
 there is no trust deed or other instrument declaring the trusts. The 
 particulars required in each case are set forth in detail in the forms. 
 Copies of the forms will be supplied free of cost on application to the 
 Board. 
 
 Any failure to make, or delay in making, application for an order 
 where an order is necessary, may result in serious embarrassment 
 and inconvenience to the district served by the school. The infor- 
 mation required to be furnished in the form of application should be 
 given fully under the several heads. Any failure to supply the informa- 
 tion required may lead to considerable delay in dealing with the case. 
 
 " Applications should be either sent directly to the Secretary, Board 
 of Education, Whitehall, or transmitted through the Secretary of any 
 Voluntary School Association to which the school may belong. The 
 latter course is perhaps the most convenient, in order that the 
 applications may reach the Board in batches corresponding to 
 geographical or administrative divisions, and that time may be saved 
 in dealing with them."
 
 II 8 EDUCATION ACT, 1902. 
 
 As to the notice to be given by the Board of Education of any such 
 application, see sub-sec. (3). 
 
 The form of application should be filled up in duplicate. One copy 
 should be sent to the Board of Education, and the second copy should 
 be retained by the correspondent as a source from which information, 
 similar to that in the possession of the Board, may be readily obtained 
 by persons interested in the matter. 
 
 If the owners or trustees or managers do not think fit to apply to 
 the Board of Education for an order under the section, when such an 
 order is required, within three months from the passing of the Act, 
 the local education authority, or any other person interested in the 
 management of the school, may after that period make application 
 for the order. 
 
 (3) This sub-section refers to the notice to be given by the Board 
 of Education of any application for an order under the section, and 
 the furnishing by them of copies of " the draft final order " proposed 
 to be made thereon. 
 
 The sub-section does not require that copies of an interim order 
 under sub-sec. (5), which is to have temporary effect until the final 
 order is made, shall be furnished. 
 
 In ordinary cases, the notices and draft final orders, which are 
 required to be given to the local education authority, and the existing 
 owners, trustees, and managers, " will also be sent by the Board of 
 Education to the parish council or parish meeting, or other minor 
 local authority of the area in which the school is situated as repre- 
 senting ' other persons interested.' " 
 
 (4) The provision that the Board of Education in making an order 
 under the section shall have regard to the principles on which the 
 education given in the school has been conducted in the past is 
 specially applicable to cases where no trust deed is known to have 
 existed. Amongst other particulars in connection with an application 
 for an order under this section which the Board of Education require 
 to be furnished in a case where there is no trust deed, or other 
 instrument declaring the trust are the following : (a) Whether the 
 school has been united with the National Society, or any other society, 
 and if so, at what date and on what conditions ; (b] the usage which 
 has prevailed during at least the last twenty years as regards religious 
 instruction, e.g. (i) whether religious instruction has been given in 
 accordance with the principles of the Church of England or any other 
 denomination, (2) whether it has been superintended by the minister 
 or any other person ex-officio ; and (c] any special usage affecting the 
 character of the school. The names of societies who have contributed 
 10 and upwards in one sum are also required to be stated. 
 
 (5) The Board of Education state, " It is probable that most orders 
 under this section will, in the first instance, be made in the form of 
 ' interim orders,' which will not be confirmed until the local education 
 authorities have had time to make preparation for the proper con- 
 sideration of the notices and draft final orders, which, under the 
 section, will be sent to them as well as to the owners, trustees, and 
 managers." See also notes on sub-sec. (3). 
 
 (6) See also sec. 7 (7), which provides that the managers of a school 
 maintained but not provided by the local education authority shall 
 have all powers of management required for the purpose of carrying
 
 2 EDW. 7, C. 42, SEC. 12, SUB-SEC. I. IIQ 
 
 out the Act, and shall (subject to the powers of the local education 
 authority under that section) have the exclusive power of appointing 
 and dismissing teachers. The managers will act as one body. 
 
 (7) The object of this clause is to provide that where a school is 
 entitled to an endowment or some other benefit so long as the 
 managers are of a particular denomination, that school shall not be 
 deprived of the endowment or benefit if the foundation managers are 
 of the necessary religious denomination, by reason of the fact that the 
 representative of the local authority, or the minor local authority, is a 
 Nonconformist or of some religious denomination other than that to 
 which the endowment or the benefit applied. 
 
 (8) It will be observed from the form of Interim Order (see p. 691) 
 that it is proposed 
 
 1. That the first foundation managers shall consist of four persons 
 appointed by the persons who at the date of the Order are de 
 
 facto managers of the school, that is to say, managers as defined 
 by sec. 3 of the Elementary Education Act, 1870 (see p. 202), 
 provided that if the principal officiating minister of the ecclesias- 
 tical parish or district in which the school is situated is a manager 
 of the school ex officio, he shall be one of the said four persons. 
 
 2. That any disputes as to the right of any person to appoint the 
 first foundation managers under the terms of the Order, or to act 
 as one of the first foundation managers ex officio, shall be referred 
 to and determined by the Board of Education. 
 
 (9) In calculating the thirty days from the date of laying the draft 
 before each House of Parliament, it would appear that the thirty days 
 may include any day when there has been a sitting either of both 
 Houses, or of one only. 
 
 Grouping of Schools under One Management. 
 
 12. (i.) The local education authority may group under 
 one body of managers any public elementary schools 
 provided by them, and may also, with the consent of the 
 managers of the schools, group under one body of managers 
 any such schools not so provided. 
 
 (2.) The body of managers of grouped schools shall 
 consist of such number and be appointed in such manner 
 and proportion as, in the case of schools provided by the 
 local education authority, may be determined by that 
 authority, and in the case of schools not so provided, may 
 be agreed upon between the bodies of managers of the 
 schools concerned and the local education authority, or in 
 default of agreement may be determined by the Board of 
 Education. 
 
 (3.) Where the local education authority are the council 
 of a county, they shall make provision for the due repre- 
 sentation of minor local authorities on the bodies of 
 managers of schools grouped under their direction.
 
 120 EDUCATION ACT, 1902. 
 
 (4.) Any arrangement for grouping schools not provided 
 by the local education authority shall, unless previously 
 determined by consent of the parties concerned, remain in 
 force for a period of three years. 
 
 This section contemplates that where there is a grouping of public 
 elementary schools under one body of managers there shall be 
 separate groupings of schools provided by the local education 
 authority and of schools not so provided. In the latter case the 
 grouping can only be carried out with the consent of the managers 
 of the schools. The managers referred to are the managers under 
 the Act, and it will therefore be necessary, although grouping may be 
 contemplated, that managers should in the first instance be appointed 
 for each school proposed to be grouped. 
 
 As to the minor local authorities, see sec. 24 (2). 
 
 Endowments. 
 
 13. (i.) Nothing in this Act shall affect any endow- 
 ment, or the discretion of any trustees in respect thereof : 
 Provided that, where under the trusts or other provisions 
 affecting any endowment the income thereof must be 
 applied in whole or in part for those purposes of a public 
 elementary school for which provision is to be made by 
 the local education authority, the whole of the income or 
 the part thereof, as the case may be, shall be paid to that 
 authority, and, in case part only of such income must be 
 so applied and there is no provision under the said trusts 
 or provisions for determining the amount which represents 
 that part, that amount shall be determined, in case of 
 difference between the parties concerned, by the Board of 
 Education ; but if a public inquiry is demanded by the 
 local education authority, the decision of the Board of 
 Education shall not be given until after such an inquiry, 
 of which ten days' previous notice shall be given to the 
 local education authority and to the minor local authority 
 and to the trustees, shall have been first held by the Board 
 of Education at the cost of the local education authority, (i) 
 
 (2.) Any money arising from an endowment, and paid to 
 a county council for those purposes of a public elementary 
 school for which provision is to be made by the council, 
 shall be credited by the council in aid of the rate levied 
 for the purposes of this Part of this Act in the parish or 
 parishes which in the opinion of the council are served by 
 the school for the purposes of which the sum is paid, or, 
 if the council so direct, shall be paid to the overseers of 
 the parish or parishes in the proportions directed by the
 
 2 EDW. 7, C. 42, SEC. 14. 121 
 
 council, and applied by the overseers in aid of the poor 
 rate levied in the parish. (2) 
 
 (1) In the case of a school provided by the local education authority, 
 as that authority would make provision for all purposes, there would 
 not appear to be any question as to the income from the endowment 
 in respect of the school being payable to the local education authority. 
 
 Where in the case of a school not provided by the local education 
 authority the income of an endowment must necessarily under the 
 trusts or other provisions affecting the endowment be applied wholly 
 to the purposes of a public elementary school for which provision is to 
 be made by the local education authority the whole of the income 
 must be paid to that authority. But the endowment may be partly for 
 purposes for which the local education authority are not empowered 
 to make provision such as keeping the schoolhouse in good repair, 
 and making alterations and improvements in the buildings. In such 
 cases where there is no provision under the trusts or other provisions 
 affecting the endowment, for determining the amount which represents 
 such part, the amount is to be determined in case of difference by the 
 Board of Education. 
 
 Trust deeds are often expressed in vague and general terms, giving 
 no clear direction which would require the application of the income 
 of the endowment to one or other of the purposes above mentioned, 
 and sometimes there are no written trusts. 
 
 In cases of difference of opinion or doubt, trustees might apply to 
 the Board of Education for direction in the matter, and, if they act 
 upon such direction, they are completely protected against personal 
 liability. 
 
 See memorandum issued by the Board of Education as to endow- 
 ments, dated i6th February, 1903, in Appendix, p. 685. 
 
 The local education authority may demand that before the decision 
 of the Board of Education is given a public inquiry shall be held, 
 but neither the trustees of the endowment nor the managers of the 
 school to which the endowment applies nor any other persons have a 
 similar right. 
 
 For definition of the term " minor local authorities," see sec. 24 (2) 
 
 As regards the public inquiry, see sec. 23 (10) of the Act. 
 
 (2) This provision applies only to moneys arising from an endow- 
 ment, and paid to the council of a county for the purposes of a public 
 elementary school for which provision is made by the council. 
 
 There is no similar provision in the case of county boroughs, non- 
 county boroughs and urban districts. In those cases, the whole 
 borough or district and not particular parishes will have the benefit 
 of the moneys arising from the endowment which may be paid to the 
 council. 
 
 Apportionment of School Fees. 
 
 14. Where before the passing of this Act fees have been 
 charged in any public elementary school not provided by 
 the local education authority, that authority shall, while 
 they continue to allow fees to be charged in respect of 
 that school, pay such proportion of those fees as may be
 
 122 EDUCATION ACT, 1902. 
 
 agreed upon, or, in default of agreement, determined by 
 the Board of Education, to the managers. 
 
 It appears from the terms of this section that it is in the dis- 
 cretion of the local education authority whether or not fees shall 
 continue to be charged in a public elementary school not provided 
 by them. 
 
 The fees referred to in the section are the fees which are received 
 in the case of a public elementary school for which the managers 
 have not accepted the fee grant, or the fees which, when the grant 
 is received, may be charged under sec. 2 (2) or sec. 4 (i) of the 
 Elementary Education Act, 1891 (54 & 55 Viet. c. 56), post. 
 
 It will be borne in mind that the duty of the local education 
 authority to provide a sufficient amount of public school accom- 
 modation includes the duty to provide a sufficient amount of public 
 school accommodation without payment of fees in every part of their 
 area. 
 
 As to the payment of school fees by guardians in the case of pauper 
 children, see 39 & 40 Viet., c. 79, sec. 40, and 43 & 44 Viet., c. 23, 
 sec. 5, post, and in the case of non-pauper children, see 39 & 40 Viet., 
 c. 79, sees. 10 and 35, post. 
 
 Schools attacJied to Institutions. 
 
 15. The local education authority may maintain as a 
 public elementary school under the provisions of this Act, 
 but shall not be required so to maintain, any Marine 
 school, or any school which is part of, or is held in the 
 premises of, any institution in which children are boarded, 
 but their refusal to maintain such a school shall not render 
 the school incapable of receiving a parliamentary grant, 
 nor shall the school, if not so maintained, be subject to the 
 provisions of this Act as to the appointment of managers, 
 or as to control by the local education authority. 
 
 There are certain schools, few in number, connected with institu- 
 tions in which children are boarded as well as instructed, which have 
 been recognized by the Board of Education as public elementary 
 schools, the schools being attended wholly or mainly by children 
 boarded in the institution. The children in these institutions are 
 usually of a destitute class and brought together from other districts. 
 In the case of these schools as well as the marine schools, of which 
 there are but five or six, it will be entirely optional with the local 
 education authorities whether or not they will undertake to main- 
 tain them. If they refuse to do so, the schools will continue under 
 their present management and be outside any jurisdiction of the 
 local education authority, but this will not preclude the schools from 
 obtaining parliamentary grants. 
 
 Power to enforce Duties under Elementary Education Acts. 
 
 1 6. If the local education authority fail to fulfil any of 
 their duties under the Elementary Education Acts, 1870
 
 2 EDW. 7, C. 42, SEC. 1 6. 123 
 
 to 1900, or this Act, or fail to provide such additional 
 public school accommodation within the meaning of the 
 Elementary Education Act, 1870, as is, in the opinion of 
 the Board of Education, necessary in any part of their 
 area, the Board of Education may, after holding a public 
 inquiry, make such order as they think necessary or 
 proper for the purpose of compelling the authority to 
 fulfil their duty, and any such order may be enforced by 
 mandamus. 
 
 The Board of Education were empowered under the Elementary 
 Education Acts to declare a school board in default. 
 A school board might be declared to be " in default " 
 (i.) If the school board failed to comply within a period of twelve 
 months with the requisition sent by the Board of Education on 
 the formation of the school board, requiring them to supply the 
 public school accommodation specified in the requisition. 
 (2.) If when the Board of Education sent the school board a requi- 
 sition requiring them to fulfil their duty as regards keeping efficient 
 the schools provided by them, or supplying additional public 
 school accommodation, they failed to comply with the requisition 
 within the time specified by the Board of Education. 
 (3.) If the school board permitted any act in contravention of, or 
 failed to comply with the regulations prescribed by the Elementary 
 Education Act, 1870, with regard to schools provided by the 
 board. 
 (4.) If the school board failed to perform their duty as a local 
 
 authority under the Elementary Education Act, 1876. 
 (5.) If the school board failed to make bye-laws for their district 
 
 with regard to the attendance of children at school. 
 When the Board of Education had declared a school board to be 
 " in default," they were empowered to appoint any number of persons, 
 not less than five nor more than fifteen, to be members of the school 
 board ; and on such appointment the persons who were previously 
 members of the board were to be deemed to have vacated their offices. 
 The members thus appointed might be remunerated for their services 
 out of the school fund. 
 
 It was further provided that if in the opinion of the Board of Edu- 
 cation the school board were in default, or were not properly perform- 
 ing their duties, they might direct that the then existing members of 
 the board should cease to hold office, and might order a new election 
 for supplying the vacancies. 
 
 Such remedies as those above referred to obviously could not be 
 applied to county councils and the councils of boroughs and urban 
 districts who are local education authorities. 
 
 The procedure under the section will be that when the local educa- 
 tion authority fail to fulfil any of their duties under the Elementary 
 Education Acts, or fail to provide such additional public school 
 accommodation as is in the opinion of the Board of Education neces- 
 sary, the Board will make such order as they think necessary or 
 proper for the purpose of compelling the authority to fulfil their duty, 
 and, unless the order is complied with, take the necessary steps for 
 enforcing it by mandamus.
 
 124 EDUCATION ACT, 1902. 
 
 The case of J?. v. The Guardians of the Keighley Union may be 
 referred to as showing the procedure where a board of guardians 
 refused to comply with regulations issued by the Local Government 
 Board. In that case it appeared that the guardians had refused to 
 comply with the regulations made by the Local Government Board 
 under the Vaccination Acts, and direct the vaccination officer of the 
 union to institute and conduct proceedings against persons who had 
 neglected to cause their children to be vaccinated according to the 
 provisions of the Acts referred to. A rule nisi was obtained on the 
 6th of May, 1875, for a mandamus commanding the guardians to give 
 the necessary directions to the vaccination officer, and subsequently 
 the rule was made absolute. To that writ six of the guardians made 
 a return that they were desirous of obeying the writ, but, being in a 
 minority on the board of guardians, were unable to pass the necessary 
 resolution ; and the majority of the board of guardians made a return, 
 in effect excusing themselves from obedience on the ground of their 
 objection to vaccination. This return was demurred to and judgment 
 was given for the Crown, and a peremptory writ of mandamus was 
 issued against the board of guardians in the same terms of command 
 as in the first writ. On the 2Oth February, 1876, a resolution was 
 passed by the guardians in obedience to the peremptory writ, giving 
 the necessary instructions to the vaccination officer, and this resolution 
 of obedience was returned. On the 3rd of May following, however, 
 the guardians resolved "that the board rescinds all portions of 
 resolutions which have or can be construed into a general order to 
 prosecute, and that instructions be given to the vaccination officer that 
 the board reserves to itself the dispensation of the Vaccination Acts." 
 Under these circumstances, a rule nisi was obtained against eight of 
 the guardians of the union, they being the guardians who had voted 
 in favour of the last-mentioned resolution, to show cause why an 
 attachment should not issue for contempt of court. On the 3rd of 
 July, 1876, on cause shown, the rule was made absolute against all 
 the defendants, with the exception of one, who, it appeared, was not 
 a member of the board of guardians until the I2th of April, 1876, and 
 when he voted for the resolution rescinding that which was the return 
 to the writ, was not aware of the terms of the mandamus, and finally 
 a writ of attachment was issued. The defendants were arrested on 
 the 7th of August, 1876, and were imprisoned at York Castle. They 
 were imprisoned for about a month, and as, during their incarceration, 
 the other members of the board passed a resolution to restore the 
 instructions to the vaccination officer to the state in which they were 
 when the guardians made their return of obedience, the defendants 
 were released from prison on their own recognizances of looo/. each 
 and one surety until the sheriff surrendered them to the custody of 
 the court. They were brought before the court on the 9th November, 
 1876, when it appeared that the defendants had pledged themselves 
 that they would not be parties to any resolution which would rescind 
 the resolution that had then been passed in obedience to the 
 mandamus, and the Solicitor-General having stated that the Local 
 Government Board were content that the defendants should go out 
 on their own recognizances to come up for judgment when called 
 upon, and each of the defendants having agreed to be bound by his 
 recognizance in looo/. to come up for sentence if he disobeyed the 
 law, the defendants were discharged from custody. 
 
 The Lord Chief Justice (Cockburn), when the rule for an attachment 
 was made absolute, said : " There seems to be a mistaken notion that,
 
 2 EDW. 7, C. 42, SEC. 17, SUB-SEC. I. 12$ 
 
 when the Legislature by Parliament has enacted the law, it is still 
 competent to persons who doubt or dispute the policy of that law to 
 discuss whether it shall be put into execution or not. Now that is 
 a state of things which is quite incompatible with the constitution and 
 the law of this country. If Parliament has passed an Act, that Act 
 is binding on every one. Persons who dispute the policy of such 
 legislative enactments do their best, and they are justified in doing 
 their best, to obtain a repeal or alteration of the law ; but, as long as 
 the law remains, and until it is repealed, it must be obeyed by every 
 one indiscriminately, and if it is not obeyed, it is the business of courts 
 of justice, and our business, to enforce it by punishment of those who 
 break it." 
 
 PART IV. 
 
 GENERAL. 
 
 Education Committees. 
 
 17. (i.) Any council having powers under this Act shall 
 establish an education committee or education committees, 
 constituted in accordance with a scheme made by the 
 council and approved by the Board of Education : Pro- 
 vided that if a council having powers under Part II. only 
 of this Act determine that an education committee is un- 
 necessary in their case, it shall not be obligatory on them 
 to establish such a committee, (i) 
 
 (2.) All matters relating to the exercise by the council 
 of their powers under this Act, except the power of raising 
 a rate or borrowing money, shall stand referred to the 
 education committee, and the council, before exercising 
 any such powers, shall, unless in their opinion the matter 
 is urgent, receive and consider the report of the education 
 committee with respect to the matter in question. The 
 council may also delegate to the education committee, with 
 or without any restrictions or conditions as they think fit, 
 any of their powers under this Act, except the power of 
 raising a rate or borrowing money. (2) 
 
 (3.) Every such scheme shall provide 
 
 (a) For the appointment by the council of at least a 
 
 majority of the committee, and the persons so 
 appointed shall be persons who are members of 
 the council, unless, in the case of a county, the 
 council shall otherwise determine ; 
 
 (b) For the appointment by the council, on the nomi- 
 
 nation or recommendation, where it appears 
 desirable, of other bodies (including associations
 
 126 EDUCATION ACT, 1902. 
 
 of voluntary schools), of persons of experience in 
 education, and of persons acquainted with the 
 needs of the various kinds of schools in the area 
 for which the council acts ; 
 
 (c) For the inclusion of women as well as men among 
 
 members of the committee ; 
 
 (d) For the appointment, if desirable, of members of 
 
 school boards existing at the time of the passing 
 of this Act as members of the first committee. (3) 
 
 (4.) Any person shall be disqualified for being a member 
 of an education committee, who, by reason of holding an 
 office or place of profit, or having any share or interest in 
 a contract or employment, is disqualified for being a 
 member of the council appointing the education committee, 
 but no such disqualification shall apply to a person by 
 reason only of his holding office in a school or college 
 aided, provided, or maintained by the council. (4) 
 
 (5.) Any such scheme may, for all or any purposes of 
 this Act, provide for the constitution of a separate educa- 
 tion committee for any area within a county, or for a joint 
 education committee for any area formed by a combina- 
 tion of counties, boroughs, or urban districts, or of parts 
 thereof. In the case of any such joint committee, it shall 
 suffice that a majority of the members are appointed by 
 the councils of any of the counties, boroughs, or districts 
 out of which or parts of which the area is formed. (5) 
 
 (6.) Before approving a scheme, the Board of Education 
 shall take such measures as shall appear expedient for the 
 purpose of giving publicity to the provisions of the pro- 
 posed scheme, and, before approving any scheme which 
 provides for the appointment of more than one education 
 committee, shall satisfy themselves that due regard is paid 
 to the importance of the general co-ordination of all forms 
 of education. (6) 
 
 (7.) If a scheme under this section has not been made 
 by a council and approved by the Board of Education 
 within twelve months after the passing of this Act, that 
 Board may, subject to the provisions of this Act, make a 
 provisional order for the purposes for which a scheme 
 might have been made. (7) 
 
 (8.) Any scheme for establishing an education committee 
 of the council of any county or county borough in Wales 
 or of the county of Monmouth or county borough of 
 Newport shall provide that the county governing body 
 constituted under the Welsh Intermediate Education Act,
 
 2 EDW. 7, C. 42, SEC. 17, SUB-SEC. 2. 127 
 
 1889, for any such county or county borough shall cease 
 to exist, and shall make such provision as appears neces- 
 sary or expedient for the transfer of the powers, duties, 
 property, and liabilities of any such body to the local 
 education authority under this Act, and for making the 
 provisions of this section applicable to the exercise by the 
 local education authority of the powers so transferred. (8) 
 
 (1) Under this section the council of every county and of every 
 county borough and also the council of every non-county borough 
 with a population of over 10,000 and of every urban district with a 
 population of over 20,000 are required to establish an education 
 committee or education committees constituted in accordance with a 
 scheme made by the council and approved by the Board of Education, 
 except when the council of a non-county borough or district under 
 the powers conferred by sec. 20 (&) relinquish in favour of the council 
 of the county their powers as to elementary education. 
 
 The population is to be calculated in the case of non-county 
 boroughs and urban districts according to the census of 1901 (sec. 23, 
 (8)). For non-county boroughs with a population of over 10,000 and 
 urban districts with a population of over 20,000, see note to sec. i, 
 ante. 
 
 The councils who have powers under Part II. only of the Act are 
 the councils of non-county boroughs or urban districts who have no 
 powers under Part III., but who, under sec. 3, are empowered to 
 expend money, for the purpose of supplying or aiding the supply of 
 education other than elementary, and in these cases it is not obliga- 
 tory on them to establish an education committee if they determine 
 that such a committee is unnecessary. 
 
 As to schemes for the establishment of education committees, see 
 notes to sub-sees. 3-8. 
 
 As to grounds of objection to a scheme, see note to sub-sec. 6. 
 
 (2) When an education committee has been established, every 
 matter relating to the exercise by the council of their powers under 
 the Act, except the power of raising a rate or borrowing money, is to 
 stand referred to the education committee, and the council before 
 exercising any of their powers are, unless they consider that the 
 matter is urgent, to receive and consider the report of the education 
 committee with respect to the matter in question. 
 
 The council have also the widest power as regards delegation of 
 their powers to the education committee, except those with respect 
 to the raising of a rate or the borrowing of money. Any of their 
 powers with the exceptions referred to may be delegated to the 
 education committee with or without any restrictions or conditions 
 as they think fit. 
 
 A memorandum issued by the Board of Education, which refers 
 to certain powers and duties of county councils (see Appendix, p. 
 668), summarises the position of the council with regard to the educa- 
 tion committee as follows : " The council 
 
 " Must refer every educational matter to the committee except the 
 raising a rate or borrowing money ; 
 
 " May, in case of urgency, act without awaiting the report of the 
 committee ;
 
 128 EDUCATION ACT, 1902. 
 
 " May delegate, on any terms it pleases, its powers under the Act to 
 
 the committee ; but 
 
 " Must not delegate its power of raising a rate or borrowing money. 
 Under all circumstances the council is responsible, whether for its 
 
 own action or for that of the committee." 
 
 (3), With respect to the scheme for the constitution of the education 
 committee it will be observed that the scheme must provide 
 
 (i.) For the appointment by the council of at least a majority of the 
 committee, the persons so appointed being members of the 
 council, unless in the case of a county the council otherwise 
 determine ; 
 
 (2.) For the appointment by the council of persons of experience in 
 education, and of persons acquainted with the needs of the various 
 kinds of schools in the area for which the council acts, these 
 appointments being made on the nomination or recommendation, 
 where it appears desirable, of other bodies (including associations 
 of voluntary schools) ; and 
 
 (3.) For the inclusion of women as well as men among the members 
 of the committee. 
 
 By sec. 23 it is provided that a woman is not disqualified either by 
 sex or marriage from being on any education committee under the 
 Act. 
 
 The scheme may also provide for the appointment, if desirable, 
 of members of school boards existing on the i8th December, 1902, 
 as members of the first committee. 
 
 As regards the appointment of persons of experience in education 
 and of persons acquainted with the needs of the various kinds of 
 schools for which the council act, they may be selected by the council 
 from amongst their own members or from outside the council, or may 
 be appointed on the nomination or recommendation of other bodies 
 where it appears desirable. 
 
 No qualification by rating or residence is required for persons 
 appointed from outside the council. 
 
 With reference to the nomination or recommendation of other 
 bodies the Board of Education in the memorandum above referred 
 to state as follows : 
 
 " It is probable that the representation of certain educational 
 interests within the area of a council may be effected most satis- 
 factorily by the nomination of a member of the committee by some 
 society within the area or representative of some educational interest 
 within the area. This course may save the council some trouble in 
 selection, and may also be most satisfactory to the society which is 
 to be represented. In other cases it might be more convenient that 
 a society should be invited to recommend a representative, or to 
 recommend certain persons from among whom the council might 
 choose a representative. In the case of nomination it must be 
 assumed that the council places itself in the hands of the body whom 
 it invites to nominate. In the case of recommendation, suggestions 
 might be made on both sides with a view to the choice of some one 
 acceptable to the council and representative of the interest concerned. 
 In each case the appointment is made by the council, but either 
 method would ensure that the person appointed was considered to 
 be really representative by the interest concerned." 
 
 The Board of Education specify the following as the more important 
 matters for which a draft scheme should provide :
 
 2 EDW. 7, C. 42, SEC. 17, SUB-SEC. 4. 129 
 
 The number of the proposed committee. 
 
 How many are required to be members of the council. 
 
 The educational interests which it is proposed should be repre- 
 sented. 
 
 How it is proposed to secure their representation by selection, 
 recommendation, or nomination. 
 
 What security is provided for the permanence of such repre- 
 sentation. 
 
 What provision is made for the appointment of women. 
 
 If more committees than one (in the case of a county) are they 
 constituted for separate areas or for separate administrative 
 duties their proposed numbers and composition the number, 
 duties and composition of sub-committees. 
 
 The term of office of members of the committee, and the arrange- 
 ments for retirement and the filling of vacancies, occurring 
 casually or at stated times. 
 
 Any scheme may contain such incidental or consequential provisions 
 as may appear necessary or expedient (sec. 21 (2)). 
 
 The Board of Education, having received applications for sugges- 
 tions with respect to the framing of schemes for the constitution of 
 education committees, have issued a memorandum containing sugges- 
 tions as to the main matters which should be provided for by schemes, 
 and alternative forms of clauses to meet the different cases as may be 
 determined by the council. This memorandum will be found in the 
 Appendix (p. 673). 
 
 The Board of Education state, "All matters relating to the pro- 
 ceedings of the education committee are matters which are more 
 properly determined by the appointing council under paragraph (i) of 
 the First Schedule to the Act than determined by the scheme. The 
 powers to be exercised, and the duties to be performed, by the council, 
 so far as they are not regulated by the Act, are also matters which 
 should be regulated by the council from time to time, and should not 
 be included in the scheme. The same remark applies with even 
 greater -force to any provision in the scheme as to the delegation of 
 powers." 
 
 (4) As regards disqualification by reason of holding an office or 
 place of profit, or having any share or interest in a contract or em- 
 ployment, the provisions of sec. 12 of the Municipal Corporations 
 Act, 1882 (45 & 46 Viet., c. 50), apply to members of the council of a 
 borough, and also to members of a county council by operation of 
 sees. 2 and 75 of the Local Government Act, 1888. 
 
 Sec. 12 of the Municipal Corporations Act provides as follows: 
 A person shall be disqualified for being elected and for being a 
 councillor if and while he 
 
 (a) Is an elective auditor, ... or holds any office or place of profit, 
 other than that of mayor or sheriff, in the gift or disposal of the 
 council . . . 
 
 (^r) Has directly or indirectly, by himself or his partner, any share 
 or interest in any contract or employment with, by, or on behalf 
 of the council. 
 
 But a person shall not be so disqualified, or be deemed to have any 
 share or interest in such a contract or employment, by reason only of 
 his having any share or interest in 
 
 K
 
 130 EDUCATION ACT, 1902. 
 
 (a) Any lease, sale, or purchase of land, or any agreement for the 
 
 same ; or 
 () Any agreement for the loan of money, or any security for the 
 
 payment of money only ; or 
 (<r) Any newspaper in which any advertisement relating to the 
 
 affairs of the borough or council is inserted ; or 
 
 (d) Any company which contracts with the council for lighting or 
 supplying with water or insuring against fire any part of the 
 borough ; or 
 
 (e) Any railway company, or any company incorporated by Act of 
 Parliament or Royal Charter, or under the Companies Act, 1862. 
 
 The Local Government Act, 1894, with reference to disqualifications 
 of members of urban district councils other than the councils of 
 boroughs, by sec. 46, provides as follows : 
 
 A person shall be disqualified for being elected or being a member 
 of a council of a district other than a borough if he ... 
 
 (a) Holds any paid office under the . . . district council ; . . . 
 (e) Is concerned in any bargain or contract entered into with the 
 council ... or participates in the profit of any such bargain or 
 contract, or of any work done under the authority of the council. 
 Provided that a person shall not be disqualified for being elected, 
 or being a member or chairman of any such council by reason of 
 being interested 
 
 (a) In the sale or lease of any lands, or in any loan of money to 
 
 the council . . . 
 () In any newspaper in which any advertisement relating to the 
 
 affairs of the council ... is inserted ; or 
 
 (c) In any contract with the council ... as a shareholder in any 
 joint stock company . . . 
 
 When the council of a county or of a borough appoint the educa- 
 tion committee, a person who, under the provisions of sees. 2 and 75 
 of the Local Government Act, 1888, and sec. 12 of the Municipal Cor- 
 porations Act, 1882, is disqualified for being a member of the council 
 of the county or borough by reason of holding an office or place of 
 profit or having any share or interest in a contract or employment is 
 also disqualified for being a member of the education committee. 
 
 When the council of an urban district, other than a borough, 
 appoint the education committee, the provision applies to a person 
 who on like grounds is disqualified under sec. 46 of the Local Govern- 
 ment Act, 1894, for being a member of the council of the district. 
 
 It is, however, to be observed that by the Second Schedule (9) of 
 this Act provision is made by which disqualification of persons who 
 at the time of the passing of the Act were members of any council 
 and who will become disqualified for office as members of the council 
 in consequence of the Act, may be temporarily avoided. In such 
 cases, the disqualification, if the council so resolve, will not take 
 effect until a day fixed by the resolution, not being later than the next 
 ordinary day of retirement in the case of a county council, the next 
 ordinary day of election of councillors in the case of the council of a 
 borough, and the I5th of April, 1904, in the case of an urban district 
 council. Where a person is under this resolution temporarily relieved 
 from disqualification as a member of the council, he will during the 
 like period be relieved from disqualification for serving as a member 
 of the education committee appointed by the council.
 
 2 EDW. 7, C. 42, SEC. I/, SUB-SEC. 4. 13! 
 
 There is the further exception which is provided for by the present 
 section viz. that no such disqualification shall apply to a person by 
 reason of his holding office in a school or college aided, provided, or 
 maintained by the council. This saving, which refers to a person 
 holding office in a school or college for higher education or a public 
 elementary school, only applies to the education committee and not 
 to the council appointing the committee. 
 
 It will be borne in mind that contracts entered into with school 
 boards will be taken over by the local education authorities. 
 
 In connection with the question as to the disqualifications which 
 arise under the statutes above mentioned, the following cases may be 
 referred to : 
 
 In R. v. Francis (18 Q. B. 526 ; 21 L. J. Q. B. 304; 16 Jur. 1046), 
 it appeared that F., at the request of the mayor and town clerk, in 
 1843, undertook to collect, arrange, and bind the books, &c., of the 
 corporation. The remuneration was not then fixed. F. was elected 
 a town councillor in 1846, and in 1849, while still engaged in the 
 undertaking, he agreed to complete the work for i$ol. as the amount 
 of his actual disbursements and expenses. The offer was accepted by 
 the town council, and a minute was made of a resolution by them to 
 that effect, but the corporate seal was not affixed to the resolution or 
 any minute of it, and no contract under the corporate seal was 
 entered into between the corporation and F. In July, 1849, he 
 received 5o/. on account, and in November, 1849, he was re-elected 
 a councillor of the borough. He received no payment after that in 
 July, 1849, and had not proceeded with his undertaking after his 
 election. It was held, however, that there was a "contract," and that 
 F. was disqualified by operation of the 5 & 6 Wm. 4, c. 76, sec. 28, 
 which provided that a person should not be qualified to be elected or 
 to be a councillor of a borough during such time as he should have 
 directly or indirectly any share or interest in any contract or employ- 
 ment with, by, or on behalf of the council. 
 
 In Le Feuvre v. Lankester (3 E. & B. 530 ; 23 L. J. Q. B. 254 ; 18 
 Jur. 894), it appeared that the town council, as the local board of 
 health, ordered certain works to be done, in the course of which it 
 was necessary to erect some lamps and a considerable quantity 
 of iron railing. The superintendent of the works ordered this iron 
 work at a foundry belonging to an alderman of the borough and 
 his partner (Messrs. Lankester), and they supplied it. The greater 
 part of the work was let to contractors who were to supply the iron 
 work, and it was the contractors who paid Messrs. Lankester for this 
 part of the iron. A few small articles were for extra work not included 
 in the contract, and for these the town council or local board of health 
 paid Messrs. Lankester direct. It did not appear that, at the time the 
 goods were supplied, Messrs. Lankester were aware that any part 
 consisted of extras. It was held that this was not an interest in a 
 contract which disqualified. Coleridge, J. : In the present case, all 
 that is asserted is that the defendant, in the course of his trade, sold 
 certain iron work which was used in carrying out the contract. There 
 is no attempt to show fraud or any previous concert between the 
 defendant and the contractor by which the defendant was to have the 
 benefit of the contractor's custom. This gives the defendant no share 
 or interest in the contract, the existence of which neither affects the 
 price of his goods nor the manner in which he is to be paid for 
 them.
 
 132 EDUCATION ACT, 1902. 
 
 In a case, however, where a Turnpike Act contained a clause pro- 
 hibiting any trustee from having any share or interest in or being in 
 any manner directly or indirectly concemed in any contract or bargain 
 for making or repairing or in any way relating to the road for which 
 he acts, and from letting out any waggon, horse, &c., for the use of the 
 road, and a trustee of the road let his horse and cart fora certain sum 
 to a contractor for works on the road, to be used in the performance 
 of the works, the defendant was held liable to the penalty : Towsey v. 
 White (5 B. & C. 125). 
 
 In West v. Andrews (5 B. & Al. 328), the proceedings were taken 
 under sec. 6 of 55 Geo. 3, c. 137, which rendered liable to a penalty any 
 person in whose hands the management, control, or direction of the 
 poor was placed who either in his own name, or in the name of any 
 other person, provided, furnished, or supplied for his own profit any 
 goods, materials, or provisions for the support and maintenance of the 
 poor of the parish for which he retained his appointment, or was con- 
 cerned directly or indirectly in supplying the same, or in any contract 
 or contracts relating thereto, and a guardian having sold five live 
 sheep to the person who had the contract for the supply of meat, &c., 
 for the poor, it was held that the case fell both within the words and 
 spirit of the Act. 
 
 In Nicholson v. Fields (7 H. & N. 810 ; 31 L. J. Ex. 233), F. was a 
 commissioner under a local Act, which provided that a person who, 
 after his appointment as a commissioner, should be concerned or 
 participate in any manner in any contract, should thenceforth cease 
 to be a commissioner. It was proved by the minute book of the 
 commissioners, and the production of bills signed by F., that in 
 August, 1859, F. was paid by the commissioners 5/. 13^. id. for 
 timber supplied by him to the commissioners in 1858 and 1859. In 
 November, 1859, he received a further sum of 2/. is., and in May, 
 1860, 2/. igs. lod. He also sent to the commissioners an invoice for 
 4s., for lime supplied on 3Oth March, i6th May, I7th July, and I7th 
 August, 1860. The course of business was for the surveyor of the 
 commissioners to order the materials, and the production of the 
 invoice with the defendant's signature at the bottom was warrant for 
 payment. It was held that F., by being concerned in a contract, had 
 become disqualified, and that the invoice for the 4s. for the lime was 
 evidence from which the jury might find that the defendant was con- 
 cerned or participated in a contract within the meaning of the Act. 
 Pollock, C.B. : This case differs from Woolleyv.Kay(i H. & N. 307 ; 
 25 L. J. Ex. 351), where some members of the court expressed an 
 opinion that a mere casual buying and selling, as, for instance, going 
 into a shop and buying an article, and paying for it over the counter, 
 would not be a contract or bargain for furnishing, supplying, or selling 
 an article, so as to render the party liable to a penalty if he continued 
 to act as a commissioner. Here there were several invoices, one of 
 them showing a dealing which extended over four months. The 
 amount is trifling, but that is immaterial, for it was intended that 
 every description of dealing by the commissioners should be put an 
 end to so far as legislation could do it, and that the party to a con- 
 tract should be rendered incapable of exercising the office of com- 
 missioner in other words of dealing with himself. Martin, B. : A 
 case was put of the commissioners buying some trifling article at 
 a shop kept by one commissioner, and paying for it over the counter. 
 It seems to me that this is not a contract within the statute, but I am 
 by no means prepared to say that if articles were to be supplied from
 
 2 EDW. 7, C. 42, SEC. 17, SUB-SEC. 4. 133 
 
 time to time on credit, there would not be a contract. The buying 
 a pennyworth of nails may not be a contract, but that is different from 
 supplying lime on credit. Here there was evidence of a continuous 
 dealing and supplying on credit of an article which the commissioners 
 must buy. 
 
 Cox v. Ambrose (60 L. J. Q. B. D. 114) was a case under the 
 Municipal Corporations Act, 1882. Sec. 12 of that Act provides, 
 inter alia, that " a person shall be disqualified for being elected and 
 for being a councillor if and while he ... (c) has directly or indirectly 
 by himself or partner any share or interest in any contract or employ- 
 ment with, by, or on behalf of the council." The respondent was 
 a member of a firm interested in certain continuing contracts with 
 a corporation of a borough unexpired at the time of a municipal 
 election for that borough. Before offering himself as a candidate at 
 the election the respondent dissolved partnership, and assigned all 
 his interest in these contracts to the other partner, remaining liable, 
 however, on bonds securing the due performance of the contracts. 
 The corporation was not a party to the assignment and gave no assent 
 thereto, nor did they release the respondent from the contracts. The 
 respondent's connection with the contracts, and the fact that his 
 candidature was objected to on that ground, were matters of notoriety 
 in the ward for which he was a candidate. On a petition against his 
 return as a councillor, it was held that the respondent was not quali- 
 fied to be elected within the meaning of the above section, and that 
 votes given for him were thrown away. 
 
 In Fletcher v. Hudson (L. R. 7 Q. B. D. 611 ; 51 L. J. Q. B. D. 48 ; 
 46 L. T., N. s., 125 ; 30 W. R. 349), an hotel keeper received in 
 March, 1879, g/. 19^. 6d. from the local board, of which he was a 
 member, to reimburse him for work done by him in 1877 and 1878 for 
 the surveyor of the board. He did the work, not by any arrangement 
 expressed or implied with the local board, but at the request of the 
 surveyor, because the surveyor was unable to get the work done by 
 any one else in the time, and delay would have occasioned great 
 expense. It was stated that he made no profit out of the transaction. 
 The last item in the account, which was paid in March, 1879, was 
 dated i6th March, 1878. By the Public Health Act, 1875 (3 8 & 39 
 Viet., c. 55), any member of a local board who "in any manner is 
 concerned in any bargain or contract entered into by such board " 
 shall cease to be such member. It was held that there was ample 
 evidence of a contract with the local board in 1878 for the work 
 which was then done and of the defendant being concerned in the 
 contract. 
 
 In the case of Tomkins v. Joliffe (51 J. P. 247), which came before 
 Mr. Justice Field on the 4th April, 1887, an action was brought to 
 recover from the defendant penalties which he was alleged to have 
 incurred by reason of having acted as a member of the Sandown 
 Local Board after he had become disqualified by reason of his having 
 been concerned in a contract entered into by the local board. The 
 defendant was elected a member of the board in April, 1884, for a 
 period of three years. In March, 1885, the local board entered into a 
 contract with C., by which C. undertook to make certain alterations 
 of gas fittings in the town hall for ij/. In order to effect these 
 alterations it was necessary that scaffolding should be erected. C., 
 who was an ironmonger, employed the defendant, a builder, to erect 
 the scaffolding, and the defendant charged C. the sum of I/. 6.y. C. 
 delivered to the local board an account for i5/. for the work done,
 
 134 EDUCATION ACT, 1902. 
 
 including a charge for the it. 6s. in respect of the work done by the 
 defendant. In April, 1885, the defendant acted as a member of the 
 board. The plaintiff claimed that under and by reason of the cir- 
 cumstances the defendant had become disqualified, and was liable to 
 pay the penalty sued for, viz., 5o/. and costs. It was stated that 
 though the defendant sent in his bill to C., when he found that the 
 chairman of the local board raised an objection, he withdrew the bill 
 and had received no payment whatever for what he had done. The 
 defendant was held to have been " concerned " in the contract in 
 question, and judgment was given for the plaintiff for $o/. with costs. 
 
 In Tanfield (App.) v. Reynolds (Resp.) (39 J. P. 293), an information 
 was preferred against the appellant charging him with having in 
 March, 1874, he then being a member of the school board for the 
 borough, shared and been concerned in the profits of a contract with 
 the board. It was proved that for three years up to the month 
 of January, 1874, the appellant (who was a printer in partnership 
 with Orchard) was a member of the school board, and was a 
 candidate for re-election at the triennial election of the board in 
 that month, and was duly re-elected a member of the new board. 
 Previous to the election, the appellant received from the mayor (who 
 was the returning officer of the election) some of the orders for 
 printing the necessary documents and forms required for the election, 
 but none of the items in the appellant's accounts were ordered by the 
 school board, nor did the school board exercise any control or authority 
 over the returning officer with respect to the orders he gave, or in any 
 way interfere with the giving of the orders. After the election the 
 whole of the tradesmen's accounts were sent to the mayor, and were 
 examined by the town clerk (including that of the appellant and 
 Orchard his partner, amounting to ill. 8j.), and they were afterwards 
 forwarded to the school board, and were examined by the finance 
 committee of the board, of which the appellant was a member, and were 
 subsequently paid by cheques of the board on their treasurer out of 
 the school fund. It was admitted by the appellant that he was in 
 partnership with Orchard, and received a share of the profits on the 
 account. The justices having convicted, the Court of Queen's Bench 
 held that the evidence was quite sufficient to justify the conviction. 
 
 In Nutlon v. Wilson (L. R. 22 Q. B. D. 744 ; 58 L. J. Q. B. 443 ; 
 37 W. R. 522), an action was brought to recover a penalty of 507. 
 under the Public Health Act, 1875, from the defendant, on the ground 
 that whilst a member of a local board he had been concerned in two 
 contracts made by the local board, and had acted as a member 
 after being disqualified by reason of having been so concerned. The 
 defendant, who was a joiner, was elected a member of the local board 
 in 1885. In October, 1886, the local board entered into a contract 
 with H. for the supply of warming apparatus for the offices of the 
 local board. H. found that certain joiner's work was necessary in the 
 course of fitting up this apparatus, and he went to the defendant's 
 shop and asked his foreman to do it. The work was done by the 
 defendant's workmen, and the bill for it to the amount of i/. ()s. was 
 paid by H. to the defendant. In December, 1886, the local board 
 contracted with one B. for the supply of a water-tank, and similar 
 transactions took place between B. and the defendant, the defendant's 
 bill, amounting to 3/. 14^., being paid to him by B. Mr. Justice A. L. 
 Smith considered that he was bound by the decision of Mr. Justice 
 Field in Tomkins v. Jolijfe, and gave judgment for the plaintiff. The 
 defendant appealed. It was contended for the appellant that he was
 
 2 EDW. 7, C. 42, SEC. 17, SUB-SEC. 4. 135 
 
 not in any manner concerned in the contracts : he had only indirectly 
 assisted in carrying them out after they were made. For the respon- 
 dent it was urged that the defendant himself moved the acceptance of 
 the contracts of H. and B., and therefore knew of the contracts. The 
 work was done on the premises of the local board, and in one case the 
 defendant received the invoice. The Court of Appeal dismissed the 
 appeal, the Master of the Rolls observing, "Here a member of a local 
 board whilst acting as such has done part of the work which con- 
 tractors with the board had contracted with them to do. As he did 
 part of the work under the contracts, and was paid for the work that 
 fit did, it is impossible to say that he was not in any way concerned 
 in these contracts." 
 
 In Hunttings v. Williamson (L. R. II Q. B. D. 533 ; 52 L. J. Q. B. 
 416 ; 40 L. T., N. S., 361 ; 32 W. R. 267 ; 48 J. P. 132), the brother of 
 the defendant entered into a contract with a vestry under the Metropolis 
 Management Act, 1855, ar >d ' n order to enable him to carry it out 
 borrowed money from the defendant, who by way of security took 
 an assignment of the contract. The defendant subsequently was 
 elected a member of the vestry. It was held that the defendant was 
 interested in a contract with the vestry. 
 
 In Barnacle v. Clark ([1900] i Q. B. 279; 69 L. J. Q. II. 15; 48 
 W. R. 336; 81 L. T. 484; 64 J. P. 86) an information was laid 
 against C, who was a member of a school board, charging him that 
 whilst such member he shared or was concerned in the profits of 
 a bargain or contract with, or certain work done under the authority 
 of the school board or managers appointed by them, by supplying 
 sand and gravel to Traynar, a builder who at the time was a con- 
 tractor for the building of schools at S. It was proved that C. 
 supplied sand and gravel to Traynar, who was under a contract in 
 writing with the school board for the building of schools at S., that to 
 the knowledge of C. the sand and gravel were sold to Traynar to be 
 used by him in the building of the schools, that part of the sand 
 and gravel was delivered by C. at the site of the schools and that 
 part was fetched from the sandpits of C. by Traynar. A receipt in 
 the handwriting of C. for the price of the sand and gravel was pro- 
 duced. It was not suggested that C. had made any excessive profit 
 out of the sand and gravel supplied, and it was contended that the 
 only place at S. where sand and gravel could be purchased was the 
 sandpit of C., and that if C. had not supplied it the contractor would 
 have had to go some miles to obtain a supply, which would have been 
 more expensive in consequence of the cartage. Traynar obtained the 
 sanction of the architect before using the sand and gravel of C., and 
 Traynar only paid the regular charges for them. C. was previously 
 a stranger to him. The justices, on these facts, held that C. had not 
 been guilty of any offence under sec. 34 of the Act and dismissed the 
 information. On a case stated by the justices it was held by the 
 Court (Ridley and Darling, JJ.) that the decision of the justices was 
 wrong, and that the case should be remitted to them with an inti- 
 mation to that effect. Ridley, J., said : " It is clear that the respondent 
 was concerned in ' work done under the authority of the board,' for he 
 supplied goods for doing the work. The words ' concerned in ' are 
 general words, but in my opinion they clearly cover the supply of 
 materials for carrying out the work." 
 
 See also Pope v. Backhouse (8 Taunt. 239), Maker v. Waite 
 (i A. & E. 514), and Davies v. Harvey (43 L. J. M. C. 121, 30 L.T. 
 N. S., 629) with respect to guardians supplying goods and materials.
 
 136 EDUCATION ACT, 1902. 
 
 With respect to the provision in sec. 12 of the Municipal Cor- 
 porations Act, 1882, as to the disqualification of a person "if and 
 while he," etc., see the case of Lewis v. Carr (L. R. I, Ex. 484), which 
 had reference to the provision in the 5 & 6 Will. IV., c. 76, sec. 28 : 
 " Nor shall any person be qualified to be elected or to be a councillor 
 of any such borough or an alderman of any such borough . . . during 
 such time as he shall have directly or indirectly," etc. In that case 
 the defendant was a tallow-chandler, and in the year 1874, while 
 holding the office of alderman of the borough, he sold goods on 
 several occasions to the corporation on orders drawn up by the 
 waterworks committee of the council and approved by the council 
 and sent by them to the defendant's place of business. Payment was 
 made at intervals by orders signed by three members of the council 
 and countersigned by the town clerk. In May, 1875, the defendant 
 acted on five several occasions as alderman, and penalties were sought 
 to be recovered. At that time all the goods that had been supplied 
 by the defendant to the council had been paid for, and there were no 
 outstanding transactions between them. It was held by the Court 
 of Appeal, confirming the decision of the Exchequer Division, that 
 the disqualification of any person who has any interest in a contract 
 with the council of a borough to be elected or to be an alderman or 
 councillor of the borough applies only during the continuance of the 
 contract, and that by becoming interested in such a contract an alder- 
 man or councillor does not cease to be qualified or become disqualified 
 so as to incur penalties for acting after the determination of the 
 contract. 
 
 With regard to the provision in sec. 46 of the Local Government 
 Act, 1894, that a person shall not be disqualified by being interested 
 in the sale or lease of any lands or in any loan of money to the 
 council, it is to be noted that the Public Health Act, 1875, Rule 64, 
 Schedule 2, provided that " no person shall vacate his office by 
 reason of his being interested in the sale or lease of lands or in any 
 loan of money to the local board," and that it was held in R. v. 
 Gasharth (L. R. 5 Q. B. D. 321 ; 49 L. J. Q. B. 509 ; 42 L. T., N. S.,688 ; 
 28 W. R. 596), with reference to these words, that " to the local 
 board " only applied to any loan of money, and that a person who 
 held a lease from a local board of a sewage farm with the ordinary 
 covenants in the lease, was not disqualified for holding office as a 
 member of the local board. 
 
 In a case in which the Local Government Board were called upon 
 to decide an appeal against the allowance by the auditor of a sum 
 charged in the accounts of a school board as paid for four certificates 
 of birth furnished to the school board by the superintendent registrar, 
 who was a member of the school board, it was contended that as, at 
 the time of supplying the certificates, and at the date of payment, the 
 superintendent registrar was a member of the school board, the pay- 
 ment was by operation of this section illegal. The Board stated that 
 they were of opinion that sec. 34 (now repealed) of 33 & 34 Viet., c. 75, 
 did not apply to fees such as those paid in this case, but rather had 
 reference to the profits of work voluntarily undertaken. In such a 
 case there was no bargain or contract, and the superintendent 
 registrar could not refuse to give the certificates, which were obtained 
 upon payment of fixed fees. The Board accordingly held that the 
 district auditor was right in allowing the charge.
 
 2 EDW. 7, C. 42, SEC. 17, SUB-SEC. 5. 137 
 
 (5) With regard to the constitution of a separate education com- 
 mittee/<?r any area in the county, it will be observed from sub-sec. (6) 
 that the Board of Education before approving any scheme which 
 provides for the appointment of more than one education committee 
 are to satisfy themselves that due regard is paid to the importance of 
 the general co-ordination of all forms of education. 
 
 The Board of Education state in their memorandum on the Act 
 (see Appendix, p. 671) : 
 
 " It would not be desirable to perpetuate the severance of elementary 
 from higher education by the creation of separate committees for each. 
 But it may often be convenient to establish sub-committees which 
 might, under the supervision of the education committee, administer 
 the various forms of education." 
 
 As to the appointment of sub-committees by the education com- 
 mittee, see First Schedule (6), which enables the committee, subject to 
 any directions of the council, to appoint such and so many sub- 
 committees consisting either wholly or partly of members of the 
 committee as the committee may think fit. 
 
 As regards the provision that a scheme may provide for a joint 
 education committee for any area formed by a combination of counties, 
 boroughs, or urban districts or any part thereof, the Board of Educa- 
 tion in their memorandum state as follows : 
 
 " In the case of such A joint committee it is necessary that a 
 majority of the members should be appointed by the councils of the 
 counties, boroughs, or districts concerned ; it does not appear neces- 
 sary that a majority should be members of those councils. 
 
 " The formation of such committees may be convenient in the case 
 of boroughs or urban districts which may not desire to relinquish 
 permanently their powers under the Act, but may, nevertheless, desire 
 to work in close co-operation with the county in which they are 
 situated." 
 
 (6) As to the appointment of more than one committee for any area 
 within a county, see note on sub-sec. (5). 
 
 The Board of Education in their memorandum state that "a ground 
 on which the Board might be asked to withhold their approval of a 
 scheme would be the non-representation or inadequate representation 
 of some of the education interests within the area. An educational 
 body or association might complain 
 
 " (a) That the interests with which it was concerned were wholly 
 unrepresented ; 
 
 " (b) That the person chosen to represent it was not really repre- 
 sentative ; 
 
 " (c) That no security was afforded by the scheme for the continu- 
 ance of its representation. 
 
 " Points such as these should be carefully considered in framing a 
 scheme." 
 
 A scheme when approved by the Board of Education has effect as 
 if it were enacted in the Act, and any such scheme may be revoked or 
 altered by a scheme made in like manner and having the same effect 
 as the original scheme (see sec. 21 (3)). 
 
 (7) When a scheme has not been made and approved within twelve 
 months from the i8th December, 1902, the Board of Education may, 
 subject to the provisions of the Act, make a provisional order for the 
 purposes of which a scheme might have been made.
 
 138 EDUCATION ACT, 1902. 
 
 Sees. 297 and 298 of the Public Health Act, 1875 (which relate to 
 provisional orders), apply to any such provisional order as if it were 
 made under that Act, but references to a local authority are to be 
 construed as references to the authority to which the order relates, 
 and references to the Local Government Board construed as refer- 
 ences to the Board of Education (see sec. 21 (i)). 
 
 The sections of the Public Health Act, 1875, which are referred to 
 are set forth in the note on sec. 21 (i) of the Act. 
 
 With regard to the notice which by sec. 297 (2) is required to be 
 given of an inquiry, see also the provision in sec. 23 (io),post, as |to 
 public inquiries by the Board of Education. 
 
 The provisional order may contain such incidental or consequential 
 provisions as may appear necessary or convenient (sec. 21 (2)), and a 
 provisional order made for the purposes of a scheme may be revoked 
 or altered by a scheme made in like manner and having the same 
 effect as an original scheme (sec. 21 (3)). 
 
 As to the meetings, proceedings, &c., of an education committee, 
 see First Schedule to this Act. 
 
 The council by whom an education committee is established may 
 make regulations as to the quorum, proceedings, and place of meeting 
 of the committee, but, subject to such regulations, the quorum, pro- 
 ceedings, and place of meeting of the committee will be such as the 
 committee determine. 
 
 The chairman of the education committee at any meeting of the 
 committee has, in case of an equal division of votes, a second or 
 casting vote. 
 
 The proceedings of an education committee will not be invalidated 
 by any vacancy among its members or by any defect in the election, 
 appointment, or qualification of any of the members. 
 
 Minutes of the proceedings of an education committee are to be 
 kept in a book provided for the purpose, and a minute of those pro- 
 ceedings, signed at the same or next ensuing meeting by a person 
 describing himself as, or appearing to be, chairman of the meeting of 
 the committee at which the minute is signed, is to be received in 
 evidence without further proof. 
 
 Until the contrary is proved, the education committee are to be 
 deemed to have been duly constituted and to have power to deal with 
 any matters referred to in its minutes. 
 
 The education committee may, subject to any directions of the 
 council, appoint such and so many sub-committees, consisting either 
 wholly or partly of members of the committee, as the committee 
 think fit. 
 
 As the education committee are not a corporate body with a 
 common seal, it would appear to be necessary when a contract requires 
 sealing that the seal of the council should be affixed. 
 
 An amendment which was proposed when the Bill was in com- 
 mittee, providing for the payment of the reasonable travelling expenses 
 of the members of the education committee, was negatived. 
 
 (8) The powers transferred by this sub-section are those of the 
 county governing bodies who administer the Welsh Intermediate 
 Education Act. These are not transferred to the education com- 
 mittees, but to the local education authorities.
 
 2 EDW. 7, C. 42, SEC. 1 8, SUB-SEC. I. 139 
 
 Expenses. 
 
 18. (i.) The expenses of a council under this Act shall, 
 so far as not otherwise provided for, be paid, in the case of 
 the council of a county out of the county fund, and in the 
 case of the council of a borough out of the borough fund 
 or rate, or, if no borough rate is levied, out of a separate 
 rate to be made, assessed, and levied in like manner as the 
 borough rate, and in the case of the council of an urban 
 district other than a borough in manner provided by section 
 thirty-three of the Elementary Education Act, 1876, as 
 respects the expenses mentioned in that section : (i) Pro- 
 vided that 
 
 (a) The county council may, if they think fit (after giving 
 reasonable notice to the overseers of the parish or 
 parishes concerned), charge any expenses incurred 
 by them under this Act with respect to education 
 other than elementary on any parish or parishes 
 which, in the opinion of the council, are served by 
 the school or college in connection with which the 
 expenses have been incurred ; (2) and 
 (<5) The county council shall not raise any sum on 
 account of their expenses under Part III. of this 
 Act within any borough or urban district the 
 council of which is the local education authority 
 for the purposes of that Part ; (3) and 
 
 (c) The county council shall charge such portion as they 
 
 think fit, not being less than one-half or more 
 than three-fourths, of any expenses incurred by 
 them in respect of capital expenditure or rent on 
 account of the provision or improvement of any 
 public elementary school on the parish or parishes 
 which, in the opinion of the council, are served by 
 the school ; and (4) 
 
 (d) The county council shall raise such portion as they 
 
 think fit, not being less than one half or more 
 than three-fourths, of any expenses incurred to 
 meet the liabilities on account of loans or rent of 
 any school board transferred to them, exclusively 
 within the area which formed the school district 
 in respect of which the liability was incurred, so 
 far as it is within their area. (5) 
 
 (2.) All receipts in respect of any school maintained by 
 a local education authority, including any parliamentary 
 grant, but excluding sums specially applicable for purposes
 
 140 EDUCATION ACT, 1902. 
 
 for which provision is to be made by the managers, shall 
 be paid to that authority. (6) 
 
 (3.) Separate accounts shall be kept by the council of a 
 borough of their receipts and expenditure under this Act, 
 and those accounts shall be made up and audited in like 
 manner and subject to the same provisions as the accounts 
 of a county council, and the enactments relating to the 
 audit of those accounts and to all matters incidental 
 thereto and consequential thereon, including the penal 
 provisions, shall apply in lieu of the provisions of the 
 Municipal Corporations Act, 1882, relating to accounts 
 and audit. (7) 
 
 (4.) Where under any local Act the expenses incurred 
 in any borough for the purposes of the Elementary 
 Education Acts, 1870 to 1900, are payable out of some 
 fund or rate other than the borough fund or rate, the 
 expenses of the council of that borough under this Act 
 shall be payable out of that fund or rate instead of out 
 of the borough fund or rate. (8) 
 
 (5.) Where any receipts or payments of money under 
 this Act are entrusted by the local education authority 
 to any education committee established under this Act, 
 or to the managers of any public elementary school, the 
 accounts of those receipts and payments shall be accounts 
 of the local education authority, but the auditor of those 
 accounts shall have the same powers with respect to 
 managers as he would have if the managers were officers 
 of the local education authority.. (9) 
 
 With regard to the question as to the funds which will be available 
 for the local education authority when they enter on their duties, it 
 would appear that the funds of any school board or school attendance 
 committee existing at the "appointed day" will be transferred to the 
 local education authority, and will be applicable to their expenses 
 under the Act. It was stated by the First Lord of the Treasury in 
 committee on the Bill that it would be in the power of a county 
 council before the " appointed day " to levy a rate for the monthly or 
 weekly payments for salaries, etc., for which they will become liable 
 on that day (Parl. Debates, vol. 15 (1902), 1055). In connection 
 with this question the following statement has oeen made by the 
 Board of Education with respect to the payments of parliamentary 
 grants : 
 
 1. Practically the whole of the new aid grant under sec. 10 of the 
 Act can be paid to the local authority not merely the 4^. within a 
 few days, or at the outside weeks, after the " appointed day," the 
 whole or proportionate part, according to the number of months of 
 the financial year that remain after the " appointed day," when the 
 "appointed day" is not April i. 
 
 2. The fee grant in respect of each school will be paid by quarterly
 
 2 EDW. 7, C. 42, SEC. 18, SUB-SEC. I. 141 
 
 instalments, as hitherto except that if it be desired by any authority, 
 the Board may be able in many cases to pay some of the instalments 
 sooner than usual it being clearly understood that in no case will 
 more money be paid in respect of a school between April i, 1903, and 
 March 31, 1904, than would, under ordinary circumstances, have 
 been paid out of the Exchequer in respect of that school during that 
 period. 
 
 3. As regards the anmial grant, commonly called the " block grant," 
 the Board of Education would normally pay it in respect of each 
 school within a few weeks of the close of the school year of each school. 
 But if any authority desires it, the Board would pay, on the same date 
 as instalments of fee grant are paid, instalments of annual grants, 
 say 5.?. at a time, or otherwise, rather than hold up the whole payment 
 to the end of the school year. This would, again, put money into the 
 hands of the authorities sooner than would otherwise be the case. 
 But here, again, it must be clearly understood that no more money 
 will be paid by the Board of Education in respect of any school 
 between April i, 1903, and March 31, 1904, than would under ordinary 
 circumstances have been paid out of the exchequer in respect of that 
 school during that period. 
 
 (i) The section" refers to the expenses under the Act which are to 
 be defrayed out of rates, not being " otherwise provided for." The 
 main sources of income other than from rates are the payments from 
 the parliamentary grant for instruction in science and art, subject to 
 conditions laid down by the Board of Education in the case of councils 
 supplying or aiding the supply of higher education, the parliamentary 
 grants payable in respect of public elementary schools, including 
 the aid grant under sec. 10, the amounts which would have been 
 received by school boards under the Agricultural Rates Acts, the fees 
 of scholars where the local education authority allow fees to be 
 charged less, in the case of a school which is -not provided by the 
 local education authority, the proportion of such fees which under 
 sec. 14 is payable to the managers of the school, and payments 
 received for the use of schools provided by the local education 
 authority when not required for school purposes. 
 
 In the case of a county or county borough there will also be avail- 
 able the residue under sec. i of the Local Taxation (Customs and 
 Excise) Act, 1890. See note on sec. 2, ante. 
 
 See also sec. 13 of the Act as to moneys arising from an endow- 
 ment for the purposes of a public elementary school. 
 
 It will be observed from sub-sec. 2 of this section that all receipts 
 in respect of any school maintained by a local education authority, 
 including any parliamentary grant, but excluding sums specially 
 applicable for purposes for which provision is to be made by the 
 managers, are to be paid to that authority. 
 
 With regard to the transitory provisions in connection with the 
 parliamentary grant, see Second Schedule (11 and 12). 
 
 In connection with the expenses of a council it will be borne in 
 
 mind- 
 That the liabilities of any school board or school attendance 
 
 committee existing at the "appointed day," including liabilities in 
 
 respect of loans, will be transferred to the council exercising the 
 
 powers of the school board (Second Schedule (i));
 
 142 EDUCATION ACT, 1902. 
 
 That when under sec. 20 () of the Act any council relinquish their 
 powers and duties in favour of a county council any liabilities incurred 
 for the purpose of the performance of the duties relinquished including 
 any liabilities incurred under any local act or trust deed will be trans- 
 ferred to the County Council (Second Schedule (2)) ; 
 
 That where a district council ceases by reason of this Act to be a 
 school authority within the meaning of the Elementary Education 
 (Blind and Deaf Children) Act, 1893, or the Elementary Education 
 (Defective and Epileptic Children) Act, 1899, any liabilities under 
 those Acts will be transferred to the county council (Second Schedule 
 (7)); and 
 
 That any liabilities of an urban district council incurred under the 
 Technical Instruction Acts, 1889 and 1891, and charged on any fund 
 or rate, become charged on the fund or rate out of which the expenses 
 of the council are payable instead of on the first-mentioned fund or 
 rate (Second Schedule (4)). 
 
 See also sec. 17 (8) as to liabilities of the county governing bodies 
 under the Welsh Intermediate Education Act, 1889. 
 
 The expenses of the council under the Act in the case of a county, 
 so far as not otherwise provided for, are to be paid out of the county 
 fund. But the amount which may be raised by the council in any 
 one year out of rates under the Act for the purposes of higher 
 education is not to exceed the limit prescribed by sec. 2(1) of the Act. 
 
 In connection with the expenses of a county council, see also the 
 paragraphs marked (a) to (d) in this sub-section, sec. 13 (2), and 
 the Second Schedule (7) to the Act. 
 
 The expenses of the council in the case of a borough, whether a 
 county boroiigh or non-county borough, are to be paid out of the 
 borough fund or rate. Where no borough rate is levied they are to 
 be defrayed out of a separate rate to be made, assessed, and levied 
 in like manner as the borough rate. This is subject to the provision 
 in sub-sec. 4, to meet cases where under local acts the expenses 
 incurred for the purposes of the Elementary Education Acts, 1870 to 
 1900, have been payable out of some fund or rate other than the 
 borough fund or rate. 
 
 As to the limit of the amount which may be raised for the purposes 
 of higher education by the council of a non-county borough, see sec. 3. 
 
 The expenses of the council in the case of an urban district other 
 than a borough are to be defrayed in the manner provided by sec. 33 
 of the Elementary Education Act, 1876 (39 & 40 Viet., c. 79, post}. 
 The expenses under that enactment are to be paid out of a fund to 
 be raised out of the poor rate of the parish or parishes comprised in 
 the district of the authority according to the assessable value of each 
 parish, and the urban district council for the purpose of obtaining 
 payment of such expenses have the same power as a board of 
 guardians have for obtaining contributions to their common fund under 
 the Acts relating to the relief of the poor. As regards the issue of 
 contribution orders and the enforcement of payment, see notes on the 
 section referred to. 
 
 With regard to the audit of the accounts under the Act of the 
 councils of counties and of urban districts and of the separate accounts 
 of county boroughs and non-county boroughs under the Act, see 
 sub-sees. 3 and 5 of this section and notes thereon. 
 
 See also the provision in note on sub-sec. 3, p. 147, as to the power 
 conferred on the Local Government Board of sanctioning expenses,
 
 2 EDW. 7, C. 42, SEC. 1 8, SUB-SEC. 3. 143 
 
 such sanction having the effect of precluding a disallowance of those 
 expenses by the auditor. 
 
 (2) The county council are to give reasonable notice to the over- 
 seers of their proposal to charge expenses in accordance with this 
 sub-section, and the overseers may submit to the council any repre- 
 sentations they may think fit on the subject, but they have no appeal 
 against the decision of the council. 
 
 (3) This provision is for the purpose of preventing a non-county 
 borough or urban district of which the council are the local education 
 authority for the purposes of Part III. of the Act being rated by the 
 council of the county, as well as by the council of the borough or 
 district, for like purposes. 
 
 (4) The decision of the county council as to what portion of the 
 expenses referred to, being not less than one half or more than three- 
 fourths, shall be charged to the parish or parishes which in the opinion 
 of the council are served by the public elementary school, is final and 
 not subject to any appeal. 
 
 As to expenses incurred by a county council to meet liabilities on 
 account of loans or rent of any school board transferred to them see 
 paragraph (d) of the sub-section. 
 
 (5) In this case also the decision of the county council as to the 
 portion, being not less than one half or more than three-fourths, of 
 the expenses referred to is final and not subject to any appeal. 
 
 (6) The sums specially applicable for purposes for which provision 
 is to be made by the managers of a school not provided by the local 
 education authority would include subscriptions, donations, and the 
 sums payable to the managers in respect of the teacher's residence 
 when it forms part of the school premises. There will also be cases 
 where part of the income of an endowment of a school will be available 
 for the purposes referred to, when the whole income is not applicable 
 for those purposes of a public elementary school for which provision 
 is to be made by the local education authority. See sec. 13. 
 
 (7) The separate accounts which are required to be kept by the 
 council of a borough of their receipts and expenditure under this Act 
 will be the accounts of the council of a county borough as the local 
 education authority under sec. i, and the accounts of a non-county 
 borough in respect of higher education under sec. 3, and in respect of 
 elementary education when the council are a local education authority 
 under Part III. of the Act. 
 
 The accounts referred to are to be separate from the other accounts 
 of the council of the borough, because it is only the accounts of the 
 council under this Act which will be subject to audit by the district 
 auditor appointed by the Local Government Board, this audit of the 
 separate accounts being substituted for the audit under the Municipal 
 Corporations Act, 1882. All accounts of county councils and urban 
 district councils are now audited by auditors so appointed. 
 
 The separate accounts which by the section are required to be kept 
 
 are to be made up in like manner as the accounts of a county council. 
 
 As to the period for which the separate accounts are to be made up,
 
 144 EDUCATION ACT, 1902. 
 
 the accounts of receipts and expenditure of a county council are 
 required by sees. 71 and 73 of the Local -Government Act, 1888, to be 
 made up to the end of each local financial year, i.e. for the twelve 
 months ending the 3ist day of March, and the separate accounts of 
 the borough councils must be made up accordingly. 
 
 The accounts of a county council must also be in the form for the 
 time being prescribed by the Local Government Board (see sec. 71 of 
 Local Government Act, 1888), and this provision also applies to the 
 separate accounts of the borough council. 
 
 The separate accounts are to be audited in like manner and subject 
 to the same provisions as the accounts of a county council. 
 
 The Local Government Act, 1888, by sec. 71 (3) provides as follows: 
 The accounts of a county council and of the county treasurer and 
 officers of such council, shall be audited by the district auditors 
 appointed by the Local Government Board in like manner as accounts 
 of an urban authority and their officers under sees. 247 and 250 of 
 the Public Health Act, 1875, and those sections and all enactments 
 amending them or applying to audit by district auditors, including 
 the enactments imposing penalties and providing for the recovery of 
 sums, shall apply in like manner as if, so far as they relate to an audit 
 of the accounts of an urban authority and the officers of such authority, 
 they were herein re-enacted with the necessary modifications, and 
 accordingly all ratepayers and owners of property in the county shall 
 have the like rights, and there shall be the same appeal as in the case 
 of such audit. Provided that the First Schedule to the District 
 Auditors Act, 1879, shall be modified in manner described in the 
 Second Schedule to this Act. 
 
 The provisions of sees. 247 and 250 of the Public Health Act, 1875, 
 which now apply to the audit of the accounts of urban district councils 
 other than boroughs and their officers, and which by the above- 
 mentioned section of the Local Government Act, 1888, are, with the 
 necessary modifications, made applicable to the audit of the accounts 
 of county councils and the officers of the council, will also apply to 
 the audit of the separate accounts of a borough council, which by 
 this section are required to be kept. 
 
 The provisions of sees. 247 and 250 of the Public Health Act are 
 as follows : 
 
 Sec. 247. Where an urban authority are not the council of a borough 
 the following regulations with respect to audit shall be observed, 
 (namely) 
 
 (i.) The accounts of the receipts and expenditure under this Act 
 of such authority shall be audited and examined once in every year, 
 as soon as can be after the [3ist day] of March, by the auditor 
 of accounts [appointed by the Local Government Board]. . . . 
 (3.) Before each audit such authority shall, after receiving from the 
 auditor the requisite appointment, give at least fourteen: days' 
 notice of the time and place at which the same will be made, and 
 of the deposit of accounts required by this section, by advertise- 
 ment in some one or more of the local newspapers circulated in 
 the district ; and the production of the newspaper containing 
 such notice shall be deemed to be sufficient proof of such notice 
 on any proceeding whatsoever : 
 
 (4.) A copy of the accounts duly made up and balanced, together 
 with all rate books, account books, deeds, contracts, accounts,
 
 2 EDW. 7, C. 42, SEC. 1 8, SUB-SEC. 3. 145 
 
 vouchers and receipts mentioned or referred to in such accounts, 
 shall be deposited in the office of such authority, and be open, 
 during office hours thereat, to the inspection of all persons 
 interested for seven clear days before the audit, and all such 
 persons shall be at liberty to take copies of or extracts from the 
 same, without fee or reward ; and any officer of such authority 
 duly appointed in that behalf neglecting to make up such 
 accounts and books, or altering such accounts and books, or 
 allowing them to be altered when so made up, or refusing to 
 allow inspection thereof, shall be liable to a penalty not exceeding 
 five pounds : 
 
 (5.) For the purpose of any audit under this Act, every auditor 
 may, by summons in writing, require the production before him 
 of all books, deeds, contracts, accounts, vouchers, receipts and 
 other documents and papers which he may deem necessary, and 
 may require any person holding or accountable for any such 
 books, deeds, contracts, accounts, vouchers, receipts, documents, 
 or papers to appear before him at any such audit or any adjourn- 
 ment thereof, and to make and sign a declaration as to the 
 correctness of the same ; and if any such person neglects or 
 refuses so to do, or to produce any such books, deeds, contracts, 
 accounts, vouchers, receipts, documents, or papers, or to make or 
 sign such declaration, he shall incur for every neglect or refusal 
 a penalty not exceeding forty shillings ; and if he falsely or 
 corruptly makes or signs any such declaration, knowing the same 
 to be untrue in any material particular, he shall be liable to the 
 penalties inflicted on persons guilty of wilful and corrupt perjury : 
 (6.) Any ratepayer or owner of property in the district may be 
 present at the audit, and may make any objection to such 
 accounts before the auditor ; and such ratepayers and owners 
 shall have the same right of appeal against allowances by an 
 auditor as they have by law against disallowances : 
 (7.) Any auditor acting in pursuance of this section shall disallow 
 every item of account contrary to law, and surcharge the same 
 on the person making or authorizing the making of the illegal 
 payment, and shall charge against any person accounting the 
 amount of any deficiency or loss incurred by the negligence or 
 misconduct of that person, or of any sum which ought to have 
 been but is not brought into account by that person, and shall 
 in every such case certify the amount due from such person, and 
 on application by any party aggrieved shall state in writing the 
 reasons for his decision in respect of such disallowance or sur- 
 charge, and also of any allowance which he may have made : 
 (8.) Any person aggrieved by disallowance made may apply to the 
 Court of Queen's Bench for a writ of certiorari to remove the 
 disallowance into the said court, in the same manner and subject 
 to the same conditions as are provided in the case of disallowances 
 by auditors under the laws for the time being in force with regard 
 to the relief of the poor ; and the said court shall have the same 
 powers with respect to allowances, disallowances, and surcharges 
 under this Act as it has with respect to disallowances or allow- 
 ances by the said auditors ; or in lieu of such application any 
 person so aggrieved may appeal to the Local Government Board, 
 which Board shall have the same powers in the case of the 
 appeal as it possesses in the case of appeals against allowances 
 disallowances, and surcharges by the said poor law auditors : 
 
 L
 
 146 EDUCATION ACT, 1902. 
 
 (9.) Every sum certified to be due from any person by an auditor 
 under this Act shall be paid by such person to the treasurer of 
 such authority within fourteen days after the same has been so 
 certified, unless there is an appeal against the decision ; and if 
 such sum is not so paid, and there is no such appeal, the auditor 
 shall recover the same from the person against whom the same 
 has been certified to be due by the like process and with the like 
 powers as in the case of sums certified on the audit of the poor 
 rate accounts, and shall be paid by such authority all such costs 
 and expenses, including a reasonable compensation for loss of 
 time incurred by him in such proceedings, as are not recovered 
 by him from such person : 
 
 (10.) Within fourteen days after the completion of the audit, the 
 auditor shall report on the accounts audited and examined, and 
 shall deliver such report to the clerk of such authority, who shall 
 cause the same to be deposited in their office, and shall publish 
 an abstract of such accounts in some one or more of the local 
 newspapers circulated in the district. . . . 
 
 Sec. 250. The accounts under this Act of officers or assistants of 
 any local authority who are required to receive moneys or goods on 
 behalf of such authority shall be audited by the auditors or auditor of 
 the accounts of such authority, with the same powers, incidents and 
 consequences as in the case of such last-mentioned accounts. 
 
 It will be observed that under sub-sec. 8 of sec. 247 of the 
 Public Health Act, 1875, a person aggrieved by a disallowance may 
 apply to the High Court for a writ of certiorari to remove the dis- 
 allowance into that Court in the same manner, and subject to the 
 same conditions, as are provided in the case of disallowances by 
 auditors under the Poor Law Acts, that the Court shall have the same 
 power with respect to allowances, disallowances, and surcharges 
 under that Act as it has with respect to disallowances or allowances 
 by the Poor Law auditors, or in lieu of such application any person 
 so aggrieved may appeal to the Local Government Board, who shall 
 have the same powers in the case of the appeal as they possess in 
 the case of allowances, disallowances, and surcharges by Poor Law 
 auditors. 
 
 With regard to an appeal against the decision of an auditor under 
 the Poor Law Acts, sec. 35 of the 7 & 8 Viet., c. 101, provides that it 
 shall be lawful for every person aggrieved by any allowance, and for 
 every person aggrieved by any disallowance or surcharge, if such 
 last-mentioned person have first paid or delivered over to any person 
 authorized to receive the same all such money, goods, and chattels as 
 are admitted by his accounts to be due from him or remaining in his 
 hands, to apply to the [High Court of Justice] for a writ of certiorari 
 to remove into the Court the allowance, disallowance, or surcharge. 
 On the removal of the allowance, disallowance, or surcharge, the 
 Court shall decide the particular matter of complaint set forth in 
 such statement (i.e. the statement of the matter complained of which 
 the statute requires shall be set forth in the notice of the intended 
 application to be given to the auditor) and no other ; and if it appear 
 to the Court that the decision of the 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 ; and they may also, if they see fit, by rule of the Court, order
 
 2 EDW. 7, C. 42, SEC. 1 8, SUB-SEC. 3. 147 
 
 the costs of the person prosecuting such certiorari to be paid by the 
 parish or union to which such accounts relate, as to such Court may 
 seem fit. 
 
 By the same statute it is provided (by sec. 36) that it shall be 
 lawful for any person aggrieved as aforesaid by any allowance, dis- 
 allowance, or surcharge, in lieu of making application to the [High 
 Court of Justice] for a writ of certiorari^ to apply to the Poor Law 
 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 commissioners 
 to issue such order therein as they may deem requisite for deter- 
 mining the question. By a subsequent statute (11 & 12 Viet., c. 91, 
 sec. 4) it is enacted that where any appeal shall be made to the said 
 commissioners against any allowance, 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 shall have been, or shall be, lawfully 
 made, but that the subject-matter thereof was incurred under such 
 circumstances as make it fair and equitable that the disallowance or 
 surcharge should be remitted, they may direct that the same shall be 
 remitted 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 surcharge. 
 
 As the Local Government Board (in whom the powers of the Poor 
 Law Commissioners are now vested) are by the statutes referred to 
 empowered not only to decide upon the lawfulness of the decision of 
 the auditor, but to exercise an equitable jurisdiction, the cases of 
 appeals to the High Court of Justice under sec. 35 of the 7 & 8 Viet., 
 c. 101, are very exceptional. In appealing to the Local Government 
 Board, the appellants must forward to the Board a copy of the 
 auditor's reasons for making the allowance, disallowance, or surcharge 
 (which, it will be observed, he can be called upon to state in the book 
 of account), together with a copy of his certificate of the disallowance 
 or surcharge. They should also carefully and fully set forth in their 
 appeal the facts and reasons which they may have to submit in 
 support of it. 
 
 The Local Government Board hold that the cost of the preparation 
 of an appeal to them against an auditor's surcharge cannot lawfully be 
 charged upon the funds of the local authority. 
 
 If persons who have been surcharged by the auditor fail to avail 
 themselves of their remedy by appeal either to the High Court of 
 Justice or the Local Government Board, they cannot afterwards, when 
 summoned before a magistrate for the recovery of the amount, set up 
 any objection to the surcharge. If the magistrate in such case refuse 
 to act, the High Court of Justice will compel him to do so : R. v. 
 Finnis (28 L. J. M. C. 201 ; 5 Jur., N. s., 971). 
 
 It is, however, to be observed that by the Local Authorities (Expenses) 
 Act, 1887 (50 & 51 Viet., c. 72), it is provided that "expenses paid by 
 any local authority " that term including local authorities under this 
 Act " whose accounts are subject to audit by a district auditor, shall 
 not be disallowed by that auditor, if they have been sanctioned by 
 the Local Government Board." This enactment enables the Local 
 Government Board by their sanction to relieve the members who have 
 authorized expenditure, which through some informality in the pro- 
 ceedings or on other technical grounds may be illegal, from liability
 
 148 EDUCATION ACT, 1902. 
 
 to a surcharge. It is the practice of the Board to decline to sanction 
 under this enactment prospective or recurring expenditure. 
 
 Sec. 247, sub-sec. 9, of the Public Health Act, 1875, a ^ so provides 
 that the auditors shall recover the sums certified to be due by the 
 like process and with the like powers as in case of sums certified on 
 the audit of the poor rate accounts. 
 
 Under the Poor Law Acts the payment of any sum certified to 
 be due by a district auditor may, together with the costs of the 
 proceedings for the recovery thereof, be enforced in like manner as 
 if it were a sum due in respect of the poor rate (47 & 48 Viet., c. 43, 
 sec. n). See also n & 12 Viet., c. 91, sec. 9, as to proof required in 
 proceedings. No proceedings to recover sums certified are to be 
 commenced after the lapse of nine calendar months from the disallow- 
 ance or surcharge by the auditor, or in the event of an application by 
 way of appeal against the auditor's decision to the High Court of 
 Justice, or to the Local Government Board, after the lapse of nine 
 calendar months from the determination thereon (12 & 13 Viet., c. 103, 
 sec. 9). As to the proceedings for recovery of poor rate by warrant 
 of distress and imprisonment in default of distress, see 43 Eliz., c. 2, 
 sec. 2 ; 17 Geo. 2, c. 38, sees. 7-10 ; 54 Geo. 3, c. 170, sec. 12 ; 12 & 
 13 Viet., c. 14 ; 39 & 40 Viet., c. 61, sec. 3 1 ; and 47 and 48 Viet, c. 43. 
 
 As regards the payment to be made for the audit of accounts by 
 auditors appointed by the Local Government Board, the District 
 Auditor's Act, 1879, provides that, for the purpose of contributing to 
 the amount required for the payment of the salaries or remuneration 
 and of the expenses of the auditors, there shall be charged on every 
 local authority whose accounts are audited by an auditor so appointed 
 a stamp duty, according to the scale contained in the First Schedule 
 to the Act, and that the duty shall be levied by a stamp on the 
 certificate of the auditor hereinafter mentioned (sec. 2). 
 
 Where the accounts of the receipts and expenditure of a local 
 authority are so audited, the local authority are to prepare and submit 
 to the auditor at every audit a financial statement in duplicate in the 
 form and containing the particulars prescribed by the Local Govern- 
 ment Board ; one of such duplicates is to have the stamp charged 
 under the Act affixed thereon, and the auditor at the conclusion of 
 the audit is to cancel that stamp, and certify on each duplicate, in 
 the prescribed form, the amount in words at length of the expenditure 
 so audited and allowed, and further, that the regulations with respect 
 to such statement have been duly complied with, and that he has 
 ascertained by the audit the correctness of the statement. He is 
 forthwith to send the duplicate so stamped and certified by him to the 
 Local Government Board (sec. 3). 
 
 The duties charged under the Act are to be deemed to be stamp 
 duties under the management of the Commissioners of Inland Revenue, 
 and all Acts relating to stamp duties, particularly those relating to 
 forgery, fraudulent dies, and other offences in connection with stamp 
 duties, apply accordingly ; and such duties may, if the Commissioners 
 so direct, be denoted by adhesive stamps, to be cancelled by the 
 auditor as provided by the Act (sec. 6). 
 
 If a local authority fail to comply with the provisions of the Act 
 with respect to a financial statement, the local authority, or if a clerk 
 to the local authority is appointed, that clerk, and if no clerk is ap- 
 pointed, but there is a treasurer or other officer keeping the accounts
 
 2 EDW. 7, C. 42, SEC. 1 8, SUB-SEC. 5. 
 
 149 
 
 which should be comprised in such financial statement, that treasurer 
 or other officer is liable to a fine not exceeding 2O/. for each offence 
 (sec. 7). 
 
 The rate of stamp duties specified in the First Schedule to the Act, 
 as amended by the Local Government Act, 1888, which apply to the 
 separate accounts of boroughs and the accounts of county councils, 
 are as follow : 
 
 Where the total of the expenditure comprised in the financial state- 
 ment is under 2O/. the sum shall be S-r. 
 2O/. and under $ol. , los. 
 SQ/. and under ioo/. , i/. 
 ioo/. and under SOD/. 
 5oo/. and under i,ooo/. 
 i,ooo/. and under 2,soo/. 
 2,5oo/. and under 5,ooo/. 
 5,ooo/. and under io,ooo/. 
 io,ooo/. and under 20,000!. 
 20,000!. and under 5o,ooo/. 
 SO,OOQ/. and under ioo,ooo/. 
 loOjOoo/. and under iso,ooo/. 
 I5o,ooo/. and under 2oo,ooo/. 
 2OO,ooo/. and upwards the sum shall be 
 5o,ooo/. or part thereof. 
 
 In the case of urban district councils the maximum stamp duty 
 is 5o/. 
 
 (8) For provision as to the fund or rate out of which the expenses 
 under this Act are to be paid in the case of a borough, except in the 
 cases provided for by this sub-section, see sub-sec, (i) of this section. 
 
 Nottingham and Oxford are boroughs to which this sub-section 
 refers. 
 
 (9) Where the education committee or the managers of any public 
 elementary school are entrusted by the local education authority with 
 the receipt or payment of moneys under the Act, the accounts of those 
 receipts and payments will be the accounts of the local education 
 authority, and will therefore be dealt with as such by the auditor, 
 whether the local education authority are the council of a county, of 
 a borough, or of an urban district. 
 
 In the case of managers of a public elementary school, the auditor 
 will have the same powers with respect to their accounts when they 
 are entrusted with the receipt or payment of moneys under the Act, 
 and they will be subject to the same liabilities as if they were officers 
 of the council. 
 
 20/. 
 
 So/! 
 6o/. 
 in addition for every 
 
 Borrowing. 
 
 19. (i.) A council may borrow for the purposes of the 
 Elementary Education Acts, 1870 to 1900, or this Act, in 
 the case of a county council as for the purposes of the 
 Local Government Act, 1888, and in the case of the 
 council of a county borough, borough, or urban district
 
 ISO EDUCATION ACT, 1902. 
 
 as for the purposes of the Public Health Acts, but the 
 money borrowed by a county borough, borough, or urban 
 district council shall be borrowed on the security of the 
 fund or rate out of which the expenses of the council 
 under this Act are payable, (i) 
 
 (2.) Money borrowed under this Act shall not be reckoned 
 as part of the total debt of a county for the purposes of 
 section sixty-nine of the Local Government Act, 1888, or 
 as part of the debt of a county borough, borough, or urban 
 district for the purpose of the limitation on borrowing 
 under sub-sections two and three of section two hundred 
 and thirty-four of the Public Health Act, 1875. (2) 
 
 (i) The provisions which govern the borrowing by county councils 
 for the purposes of the Local Government Act, 1888, are those con- 
 tained in sec. 69 of that Act. The provisions which apply in the case 
 of borrowings by the council of a county borough, borough, or urban 
 district for the purposes of the Public Health Acts are those contained 
 in sees. 233-241 of the Public Health Act, 1875. These provisions, 
 so far as they have any bearing on the raising of loans by councils for 
 the purposes of the Education Acts, are set out in the Appendix, with 
 notes on the sections (see pp. 491-499). 
 
 With regard generally to borrowing by the councils of counties, 
 county boroughs, boroughs, and urban districts for the purposes of 
 the Education Acts, 1870 to 1902, it is to be borne in mind that a 
 council are not empowered to borrow money for the purpose of 
 meeting their current expenses, and that they have no authority to 
 borrow for any purposes except those for which powers of borrowing 
 are conferred by statute, and in accordance with the statutory pro- 
 visions applicable to such borrowing powers. If in any case sums 
 are charged in the accounts of a council for interest on moneys 
 borrowed otherwise than in accordance with such statutory provisions, 
 it will devolve on the auditor to disallow the charges, and to surcharge 
 the same on the persons making or authorizing the making of the 
 illegal payment. The persons surcharged will, subject to appeal, be 
 personally liable for the amount of the surcharge made by the auditor. 
 See 7?. v. Sir Charles Reed, in Court of Appeal, reversing the decision 
 of the Queen's Bench Division (L. R. 5 (C. A.) Q. B. D. 485 ; 
 49 L. J. (N. S.) Q. B. 600 ; 42 L. T. (N. S.) 855 ; 28 W. R. 787). The 
 case In re Sheffield Permanent Building Society, Ex parte Watson 
 (21 Q. B. D. 301 ; 57 L. J. Q. B. 609 ; 59 L. T. (N. S.) 401 ; 36 
 W. R. 829), may also be referred to. In that case the directors of 
 an unincorporated building society which had no borrowing powers 
 borrowed money for the benefit of the society, and gave to the lender 
 as security the promissory notes of the directors. The society was 
 afterwards incorporated under the Building Societies Act, 1874 (37 
 & 38 Viet., c. 42), and acquired borrowing powers. The appellant, 
 who was the representative of the lender, applied to the society for 
 repayment of the loan, but ultimately agreed to refrain from legal 
 proceedings against the society on the directors giving him a deposit 
 note for the amount due. The directors accordingly gave him a 
 deposit note under the seal of the society, stating that the money was 
 lent by the appellant on the date of the deposit note, and he thereupon
 
 2 EDW. 7, C. 42, SEC. 19, SUB-SEC. I. !$! 
 
 gave up to them the promissory notes above-mentioned. It was held 
 that the deposit note was not binding on the society. 
 
 Any loans for the purposes of the Acts (except loans in connection 
 with industrial schools, as to which see note on p. 156) are subject to 
 the sanction of the Local Government Board. In the case of loans 
 of county councils the Board are required by sec. 69 (i) of the Local 
 Government Act, 1888 (see Appendix, p. 491), to take into considera- 
 tion before giving their consent any representation made by any 
 ratepayer or owner of property rated to the county rate. It is, how- 
 ever, the general practice of the Board, before sanctioning a loan, to 
 cause a local inquiry, after public notice, to be held by one of their 
 inspectors, and at the inquiry any person interested is allowed to 
 appear and be heard. Under sec. 23 (9), post, of this Act the provisions 
 of sec. 87 (i) and (5) of the Local Government Act, 1888, will apply 
 to any such inquiry in connection with loans under this Act (see 
 notes on section referred to). 
 
 Application should be made to the Local Government Board for 
 sanction to the loan before the expenditure is incurred, although the 
 Board are not precluded from sanctioning loans in respect of works 
 which have been carried out. It is, however, the invariable practice 
 of the Board to refuse to sanction a loan to cover expenditure which 
 has been included in closed and audited accounts. 
 
 The precise purposes of the Education Acts for which a council 
 may borrow are not specified in the Acts. School boards were 
 authorized by sec. 10 of the 36 & 37 Viet., c. 86, to borrow for any 
 expense incurred or required to be incurred by them " in providing 
 or enlarging a schoolhouse ; or in paying off any debt charged on a 
 schoolhouse provided by them, or on any land acquired by them by 
 gift, transfer, purchase or otherwise for the purposes of this Act; or 
 in any works of improving or fitting up a schoolhouse which, in the 
 opinion of the Education Department, ought by reason of the per- 
 manent character of such works to be spread over a term of years." 
 These provisions are, however, repealed by sec. 25 of the present Act. 
 
 In sanctioning loans to county councils under the Act the Local 
 Government Board, it may be assumed, will be guided by the provision 
 in sec. 69 (i) (c) of the Local Government Act, 1888 (Appendix, 
 p. 491), which empowers a county council to borrow "for any per- 
 manent work or other thing which the county council are authorized 
 to do, and the cost of which ought, in the opinion of the Local 
 Government Board, to be spread over a term of years." 
 
 Sec. 234 (i) of the Public Health Act, 1875 (see Appendix, p. 494), 
 applies to borrowings by the councils of county boroughs, boroughs, 
 and urban districts. Councils under that Act are empowered to 
 borrow for permanent works, including any works of which the cost 
 ought, in the opinion of the Local Government Board, to be spread 
 over a term of years. 
 
 It was the practice of the Board of Education in sanctioning loans 
 to school boards to include in the sanction expenditure for such 
 purposes as desks, tables, chairs, and all fixed fittings of the school, 
 but not expenditure for books, blackboards, easels, and ordinary 
 school apparatus. 
 
 In the case of any application by a local education authority for 
 sanction to a loan for the provision of a new public elementary school, 
 or for the enlargement of such a school when the enlargement is such
 
 1 52 EDUCATION ACT, 1902. 
 
 as in the opinion of the Board of Education amounts to the provision 
 of a new school, the provisions of sees. 8 and 9 of the Act (see 
 pp. 107, 108) are to 'be borne in mind. Before sanctioning any loan 
 for the purpose, the Local Government Board will, no doubt, require 
 to be satisfied that the conditions laid down in sec. 8 have been duly 
 complied with, and that, if there has been an appeal under the section, 
 the Board of Education have determined that the proposed new 
 school or enlargement of a school is necessary, or that the enlarge- 
 ment does not amount to the provision of a new school. 
 
 The sanction of the Local Government Board is also necessary to 
 the periods for any loans under the Act. The maximum terms which 
 can be sanctioned by them are, in the case of county councils, thirty 
 years (sec. 69 (5) of the Local Government Act, 1888, see Appendix, 
 p. 492), and in the case of the councils of county boroughs, boroughs, 
 and urban districts, sixty years (sec. 234 (4) of the Public Health Act, 
 1875, see Appendix, p. 495); but the period to be sanctioned within 
 these maximum terms is within the discretion of the Board. The 
 general principles by which the Board are guided in determining the 
 periods for loans sanctioned by them were stated by Mr. N. T. 
 Kershaw, an assistant secretary of the Board, in his evidence before 
 the Select Committee of the House of Commons, which was appointed 
 in 1902 to inquire into the subject of the repayment of loans by local 
 authorities (Parliamentary Paper, No. 239, Session 1902). One of 
 the first principles the Board have in view is that the maximum term 
 of sixty years should be granted only in respect of land purchase, on 
 the ground that Parliament in fixing a maximum period had regard 
 to the most durable item. They are further guided by " two main 
 principles the first, that the period of the loan should not exceed 
 the period during which the works are likely to endure and be of use 
 for the purpose which they are designed to serve ; the second, that 
 the ratepayers of the future should not be unduly burdened with 
 local debt, and so rendered less able to discharge efficiently the larger 
 duties that are likely to come upon them in the future." These general 
 principles, it may be presumed, will be followed by the Board in 
 sanctioning loans under the present Act. 
 
 The Public Works Loan Commissioners are authorized by sec. 9 of 
 the Public Works Loans Act, 1875 (38 & 39 Viet., c. 89), to make 
 loans for the purpose of " any schoolhouse or work for which a school 
 board is authorized to borrow under the Elementary Education Acts, 
 1870 and 1873, or any Act amending the same," and by paragraph 
 (10) of the Third Schedule to the present Act, "local education 
 authority " is substituted for " school board" in this enactment. The 
 commissioners are further empowered by the 59 & 60 Viet, c. 42, to 
 lend money for "any work for which the council of a county, borough, 
 district . . . are authorized to borrow." They can, therefore, make 
 advances for the purpose of any loans which the councils of counties, 
 county boroughs, boroughs, or urban districts are authorized to raise 
 for the purposes of the Education Acts. Such advances will be 
 subject to sec. n of the Public Works Loans Act, 1875, which, as 
 amended by sec. 5 of the 61 & 62 Viet., c. 54, provides as follows : 
 
 " Every loan granted under this Act shall be made repayable by 
 instalments (in the form of an annuity or otherwise) within a period 
 from the date of the actual advance of suqh loan not exceeding the
 
 2 EDW. /, C. 42, SEC. 19, SUB-SEC. I. 1 53 
 
 period authorized by a special Act relating to such loan, or if no 
 period be so authorized not exceeding [thirty] years. 
 
 " Where a loan has been granted repayable within a period less 
 than the full period allowed by the foregoing provisions of this section, 
 the Loan Commissioners, if the repayment of the loan with interest 
 is in their opinion sufficiently secured by such security as is required 
 by this Act, and if they think fit, may extend the period for the 
 repayment of such loan to a period not exceeding the said full period 
 from the date of the advance of such loan. 
 
 "Where no period is authorized by a special Act relating to the 
 loan, the Treasury, on the recommendation of the Loan Commis- 
 sioners, stating special circumstances, may, either before or after the 
 grant of the loan, extend the period within which the loan is to be 
 repaid to such period as may be recommended by the Loan Com- 
 missioners. 
 
 " The Loan Commissioners, in considering whether the period for 
 the repayment of a loan should or should not be the said full period, 
 and the Loan Commissioners and the Treasury in considering whether 
 the period shall be extended as aforesaid, shall have regard to the 
 durability of the work for the purpose of which the loan is granted, 
 and to the expediency of the cost of the work being paid by the 
 generation of persons who will immediately benefit by such work. 
 
 " The first instalment for the repayment of every loan shall be 
 made payable within a period not exceeding five years from the date 
 of the advance of such loan." 
 
 The 59 & 60 Viet., c. 42, which confers the power on the Com- 
 missioners to lend to councils, does not authorize any period for 
 which the loans may be advanced by the commissioners. The 
 commissioners, it would appear, are not therefore able to make such 
 advances for a longer period than thirty years, unless the period is 
 extended by the Treasury under the section quoted, notwithstanding 
 that the council may be authorized to borrow for a longer term. 
 Sec. 10 of the 36 & 37 Viet., c. 86, which empowered the commis- 
 sioners, on the recommendation of the Board of Education, to lend 
 money .to school boards for such period, not exceeding fifty years, as 
 might be recommended by that Board, is repealed by sec. 25 of the 
 present Act, as also is the similar provision in sec. 5 (4) of the 
 56 & 57 Viet., c. 42, which applied to loans for schools for blind and 
 deaf children and the provision in sec. 6 of the 62 & 63 Viet., c. 32, 
 with reference to loans for schools for defective and epileptic children. 
 
 The commissioners make it a rule, in the absence of special circum- 
 stances, to require moneys advanced by them to be repaid by equal 
 annual instalments of principal in each year where the period for 
 repayment exceeds thirty years, while they allow the repayment to be 
 made by equal annual instalments of principal and interest combined, 
 in cases where the borrower will consent to repay the loan in thirty 
 years, although a longer period may be authorized for the repayment. 
 
 With regard to the rates of interest on loans advanced by the com- 
 missioners, the Public Works Loans Act, 1897 (60 & 61 Viet., c. 51), 
 by sec. i, provides that the rates of interest at which loans may be 
 made out of the Local Loans Fund, on the security of local rates, may 
 be fixed by the Treasury from time to time, having regard to the 
 duration of the loans, and shall be such rates, not less than 2| per cent, 
 per annum, as in the opinion of the Treasury are sufficient to enable 
 such lo^ns to be made without loss, to the Local Loans Fund,
 
 154 EDUCATION ACT, 1902. 
 
 The Treasury, by a minute, have directed that on loans granted out 
 of the local loans fund on the security of local rates there shall be 
 chargeable the following rates of interest, viz. : 
 
 Loans if repayable in not exceeding thirty years, 3^ per cent, per 
 annum ; 
 
 Loans if repayable in not exceeding forty years, 3^ per cent, per 
 annum ; and 
 
 Loans if repayable in not exceeding fifty years, 3^ per cent, per 
 annum. 
 
 The fees payable to the commissioners by borrowers are fixed by 
 regulations made by the commissioners, with the approval of the 
 Treasury, under sec. 41 of the Public Works Loans Act, 1875. The 
 regulation now in force for this purpose was published in the London 
 Gazette of the 27th of January, 1882, and is as follows : 
 
 " I. The fees or sums to be paid by the applicants pursuant to sec. 
 41 of the Public Works Loans Act, 1875, in respect of loans on rates, 
 shall not exceed the following sums, viz. : 
 
 " On loans not exceeding 2ooo/., i/. is. for every loo/, of such loan. 
 
 "On loans exceeding 2ooo/., and not exceeding 25,ooo/., ill. plus 
 2s. 6d. for every loo/, by which such loan exceeds the sum of 2Ooo/. 
 
 "On loans exceeding 25,ooo/., 5o/. 
 
 " Where a loan is advanced by instalments secured by one deed, 
 there shall be paid in respect of each advance after the first, an 
 additional fee of I/, is. for every loo/, of such advance, but not 
 exceeding 3/. $s. 
 
 " For the purpose of this regulation, the total amount to be advanced 
 under one security deed shall be considered as a loan, and fractional 
 parts of ioo/. shall be considered as ioo/. 
 
 "In addition to the above fees, the applicants shall pay the stamp 
 duty, counsel's fees, and other disbursements incurred by the Loan 
 Commissioners in respect of the several applications. 
 
 " In respect of all business, not being a loan on rates, the fees or 
 sums payable shall be fixed by the commissioners, regard being had 
 to each particular case." 
 
 The Public Works Loans Act, 1875 (3 8 & 39 Viet., c. 89), by sec. 29, 
 empowers the Public Works Loan Commissioners, if they think fit, at 
 any time to accept payment of the whole or any part of the principal 
 and interest of any loan or other moneys secured by any mortgage 
 before the time when the same is due. It was the practice of the com- 
 missioners to accept repayment of loans without question at any time ; 
 but in November, 1895, the Treasury deemed it necessary to lay down 
 the following rules, subject to which applications for repaying loans in 
 advance should in future be complied with : 
 
 (i.) That the applicants serve the Lending Department with three 
 
 months' notice ; 
 
 (2.) That they agree to repay at such times and in such instal- 
 ments as may be required by the Lending Department, after 
 communication with the Commissioners for the Reduction of 
 the National Debt, who are charged with the administration 
 of the Local Loans Fund ; and 
 
 (3.) That for every ioo/. outstanding on the loan account they 
 repay such sum as may be certified to be the equivalent of 
 the price at which ioo/. of Local Loans Stock can be 
 purchased. 

 
 2 EDW. /, C. 42, SEC. 19, SUB-SEC. I. 155 
 
 The Public Works Loans Act, 1875 (38 &'39 Viet., c. 89), by sec. 
 36, provides that where "the Loan Commissioners advance any loan 
 for any purpose on the security of a rate, it shall be the duty of the 
 Local Government Board to satisfy themselves that the loan is applied 
 to such purpose ; and they may from time to time make such examina- 
 tion as they may think necessary with a view to ascertain that such 
 loan has been so applied." The Local Government Board are 
 accordingly empowered to appoint officers to conduct such examina- 
 tion on their behalf, and the officers appointed will have the same 
 powers to require the attendance of persons and the production of 
 accounts and other documents, so far as such attendance or production 
 is required for the purpose of the examination, as an inspector of the 
 Local Government Board has under the Acts relating to the relief of 
 the poor. This section, it will be observed, applies to all loans granted 
 on the security of a rate, and consequently applies to loans by the 
 commissioners for the purposes of the Education Acts. 
 
 By sec. 44 of the same Act it is provided that any person who, for 
 the purpose of obtaining a loan, wilfully gives to the commissioners 
 information which is false in any material particular, is to be deemed 
 guilty of perjury. 
 
 The Public Works Loans Act, 1878 (41 Viet., c. 18), contains the 
 following further provision : Where upon examination, made in 
 pursuance of sec. 36 of the Public Works Loans Act, 1875, w i tn 
 reference to a loan advanced by the Public Works Loan Com- 
 missioners for any purpose on the security of a rate, it appears to the 
 Local Government Board that any sum, being the whole or part of 
 the money raised by the loan, has not been applied for the said 
 purpose, the Local Government Board may order that sum to be, 
 within the time named in the order, applied either for the said 
 purpose, or towards the repayment to the Public Works Loan Com- 
 missioners of the principal of the loan, or partly in one of such ways 
 and partly in the other ; and further, if it appears to them that the 
 sum, or any part thereof, has been applied for some purpose other 
 than that for which it was advanced, may by the same or any other 
 order direct that a sum equal to the amount so misapplied be raised 
 within the time and out of the fund or rate named in the order, and 
 be applied as directed by the order. An order made by the Local 
 Government Board in pursuance of this section may be enforced by 
 writ of -mandamus. 
 
 By the Public Works Loans Act, 1881, sec. 8, the Local Govern- 
 ment Board are empowered to make orders as to the expenses incurred 
 by them, or by any officer appointed by them, in making any examina- 
 tion in pursuance of sec. 36 of the Public Works Loans Act, 1875, and 
 any such order may contain directions as to the parties by whom, and 
 the rates out of which, such expenses shall be borne, and may, on the 
 application of the Board, be made a rule of the High Court of Justice. 
 
 With the view of giving additional security in the case of loans by 
 the Loan Commissioners, it is provided by sec. 19 of the Public 
 Works Loans Act, 1875, tnat where a loan has been granted on the 
 security of a mortgage of any rate to any borrower who appeared to 
 the commissioners to have power to levy and mortgage the rate, and 
 has been expended upon the work in respect of which or in or for the 
 benefit of the locality in which the rate or any part thereof is levied, 
 the mortgage of the rate for securing the repayment of the loan with 
 interest shall be valid, and may be enforced, notwithstanding any
 
 156 EDUCATION ACT, 1902. 
 
 defects in the power or title of the borrower by whom the mortgage 
 purports to be granted ; and the commissioners may, although such 
 borrower was not legally constituted or is dissolved, or is otherwise 
 incapable and always was incapable of making, levying, or mortgaging 
 the rate, have the same power of making and levying and enforcing 
 the making or levying the rate for the purpose of repaying the loan 
 and interest, and all sums due under the mortgage, as if the borrower 
 had been duly constituted, and was not dissolved, and had full power 
 to make, levy, and mortgage the rate. 
 
 The Public Works Loans Act, 1881, by sec. 9, enacts that the 
 unapplied balance of any loan advanced by the commissioners, either 
 before or after the passing of that Act, on the security of a rate, may, 
 with the consent of the commissioners and of the central authority or 
 department, if any, with whose sanction and consent such loan was 
 authorized to be raised, be applied to any purpose to which moneys 
 borrowed on the security of such rate are applicable ; and that in 
 construing sec. 36 of the Public Works Loans Act, 1875, and sec. 4 
 of the Public Works Loans Act, 1878, the purpose to which any such 
 unapplied balance is so applied is to be deemed to be the purpose for 
 which that portion of the loan was advanced. The advantage of this 
 provision is obvious in cases where the works for which a loan was 
 advanced by the Loan Commissioners are carried out at a less cost 
 than the whole amount of the loan, or where, after obtaining the loan, 
 it is found desirable to abandon a part of the works, and other works 
 are required of such a character that the commissioners and the 
 sanctioning authority will assent to their being paid for out of the un- 
 applied balance. Before this power was given, the authority would, 
 in such a case, be required to repay the unapplied balance to the 
 commissioners, even though it might be necessary to reborrow it from 
 them immediately for other works. 
 
 The Public Works Loans Act, 1882 (45 & 46 Viet., c. 62, sec. 8), 
 provides that "where, after the passing of this Act (i.e., after the i8th 
 of August, 1882), any money is advanced by the Public Works Loan 
 Commissioners on the security of a rate as defined by the Public 
 Works Loans Act, 1875, the borrowers shall cause their treasurer to 
 keep a separate account under the title of the Public Works Loan 
 Commissioners Loan Account, or such other title as may be approved 
 by the Local Government Board, and shall cause all the advances to 
 be carried to the credit of that account, and all orders or other docu- 
 ments directing payments out of such account shall show on the face 
 of them that the payment is to be made out of that account, and an 
 order or other document for a payment out of the said account shall 
 not be made or given except the payment is for a purpose for which 
 the said advances were made." 
 
 With respect to the powers of a local education authority to borrow 
 for purposes connected with industrial schools, see sec. 1 5 of the 39 
 & 40 Viet., c. 79, and sec. 3 of the 42 & 43 Viet., c. 48, post ; for 
 schools for blind and deaf children, see 56 & 57 Viet., c. 42, sec. 5 ; 
 for schools for defective and epileptic children, 62 & 63 Viet., c. 32, 
 sec. 6 ; and for costs in connection with provisional orders of the 
 Board of Education as to schemes for the appointment of education 
 committees, see note i to sec. 21 of this ha\.,post. In the case of 
 loans in respect of industrial schools, the consent of the Secretary
 
 2 EDW. 7, C. 42, SEC. 19, SUB-SEC. 2. 157 
 
 of State, and not that of the Local Government Board is to be 
 obtained (2 Edw. 7, c. 42, Third Schedule (8)). 
 
 (2) For the provisions referred to in this sub-section, see Appendix, 
 pp. 491, 495. Any loans transferred to a council under this Act are 
 to be treated, for the purpose of the limitation on borrowing powers 
 imposed by these provisions, as money borrowed under this Act 
 (Second Schedule (^)^post), and are not therefore to be reckoned as 
 part of the debt of the council for the purpose of the provisions in 
 question. 
 
 Arrangements between Councils. 
 
 20. An authority having powers under this Act 
 
 (a) May make arrangements with the council of any 
 
 county, borough, district, or parish, whether a 
 local education authority or not, for the exercise 
 by the council, on such terms and subject to such 
 conditions as may be agreed on, of any powers of 
 the authority in respect of the management of 
 any school or college within the area of the 
 council ; (i) and 
 
 (b) If the authority is the council of a non-county 
 
 borough or urban district may, at any time after 
 the passing of this Act, by agreement with the 
 council of the county, and with the approval of 
 the Board of Education, relinquish in favour of 
 the council of the county any of their powers and 
 duties under this Act, and in that case the powers 
 and duties of the authority so relinquished shall 
 cease, and the area of the authority, if the powers 
 and duties relinquished include powers as to ele- 
 mentary education, shall, as respects those powers, 
 be part of the area of the county council. (2) 
 
 (i) The authorities having powers under this Act are the councils 
 of counties and county boroughs who under sec. I are local education 
 authorities, the councils of non-county boroughs and urban districts 
 who under that section are local education authorities for the purposes 
 of Part III. of the Act (as to elementary education), and the councils 
 of non-county boroughs and urban districts having powers under sec. 3 
 to supply or aid the supply of education other than elementary. 
 
 The Board of Education have pointed out that when the council of 
 a non-county borough or of an urban district relinquish their powers 
 under the second sub-section of this section, it would be possible for 
 the council of the county under this provision to transfer back to the 
 borough or district their powers of management in respect of any 
 school or college within the area of the relinquishing council. 
 
 This provision would also appear to allow of the council of a non- 
 county borough or urban district who are a local education authority
 
 158 EDUCATION ACT, 1902. 
 
 for the purposes of Part III. of the Act transferring the management 
 of a school provided by them to the council of the county. 
 
 Arrangements under this sub-section are subject to such conditions 
 as are agreed on, and may therefore be made for a limited period. 
 
 (2) This sub-section refers to the councils of non-county boroughs 
 and urban districts who under sec. i are the local education authority 
 for the purposes of Part III. of the Act (as to elementary education), 
 and the councils of non-county boroughs and urban districts who 
 under sec. 3 are empowered to supply or aid the supply of education 
 other than elementary. 
 
 With regard to the relinquishment of powers and duties in these 
 cases, see notes on sees. 3 and 5 ; see also Second Schedule (2) 
 (8)(i6)(i 7 )and(2i)(). 
 
 The relinquishment will not necessarily apply to all powers and 
 duties of the authority, but the powers relinquished will be relinquished 
 permanently. 
 
 Provisional Orders and Schemes. 
 
 21. (i.) Sections two hundred and ninety-seven and 
 two hundred and ninety-eight of the Public Health Act, 
 1875 (which relate to provisional orders), shall apply to 
 any provisional order made under this Act as if it were 
 made under that Act, but references to a local authority 
 shall be construed as references to the authority to whom 
 the order relates, and references to the Local Government 
 Board shall be construed as references to the Board of 
 Education, (i) 
 
 (2.) Any scheme or provisional order under this Act 
 may contain such incidental or consequential provisions as 
 may appear necessary or expedient. (2) 
 
 (3.) A scheme under this Act when approved shall have 
 effect as if enacted in this Act, and any such scheme, or 
 any provisional order made for the purposes of such a 
 scheme, may be revoked or altered by a scheme made in 
 like manner and having the same effect as an original 
 scheme. 
 
 (i) See sec. 17 (7) as to the powers of the Board of Education to 
 make a provisional order for the establishment of an education com- 
 mittee where the council are required to make a scheme for the 
 purpose and no such scheme has been made and approved by the 
 Board of Education within twelve months after the i8th December, 
 1902. The provisions of sees. 297 and 298 of the Public Health Act, 
 1875, which, subject to the modifications referred to in this section, 
 apply, are as follows : 
 
 Sec. 297. With respect to provisional orders authorized to be made 
 by the Local Government Board under this Act, the following enact- 
 ments shall be made : 
 
 (i.) The Local Government Board shall not make any provisional
 
 2 EDW. 7, C. 42, SEC. 21, SUB-SEC. 2. 159 
 
 order under this Act unless public notice of the purport of the 
 proposed order has been previously given by advertisement in 
 two successive weeks in some local newspaper circulating in the 
 district to which such provisional order relates : 
 
 (2.) Before making any such provisional order, the Local Govern- 
 ment Board shall consider any objections which may be made 
 thereto by any persons affected thereby, and in cases where the 
 subject-matter is one to which a local inquiry is applicable, shall 
 cause to be made a local inquiry, of which public notice shall be 
 given in manner aforesaid, and at which all persons interested 
 shall be permitted to attend and make objections : 
 
 (3.) The Local Government Board may submit to Parliament for 
 confirmation any provisional order made by it in pursuance of 
 this Act, but any such order shall be of no force whatever unless 
 and until it is confirmed by Parliament : 
 
 (4.) If while the Bill confirming any such order is pending in either 
 House of Parliament, a petition is presented against any order 
 comprised therein, the Bill, so far as it relates to such order, may 
 be referred to a select committee, and the petitioner shall be 
 allowed to appear and oppose as in the case of private bills : 
 
 (5.) Any Act confirming any provisional order made in pursuance 
 of any of the Sanitary Acts or of this Act, and any order in 
 council made in pursuance of any of the Sanitary Acts, may be 
 repealed, altered, or amended by any provisional order made by 
 the Local Government Board and confirmed by Parliament : 
 
 (6.) The Local Government Board may revoke, either wholly or 
 partially, any provisional order made by them before the same is 
 confirmed by Parliament, but such revocation shall not be made 
 whilst the Bill confirming the order is pending in either House of 
 Parliament : 
 
 (7.) The making of a provisional order shall be primd facie evidence 
 that all the requirements of this Act in respect of proceedings 
 required to be taken previously to the making of such provisional 
 order have been complied with : 
 
 (8.) Every Act confirming any such provisional order shall be 
 deemed to be a public general Act. 
 
 Sec. 298. The reasonable costs of any local authority in respect of 
 provisional orders made in pursuance of this Act, and of the inquiry 
 preliminary thereto, as sanctioned by the Local Government Board, 
 whether in promoting or opposing the same, shall be deemed to be 
 expenses properly incurred for purposes of this Act by the local 
 authority interested in or affected by such provisional orders, and 
 such costs shall be paid accordingly ; and if thought expedient by the 
 Local Government Board, the local authority may contract a loan for 
 the purpose of defraying such costs. 
 
 (2) The schemes and provisional orders referred to are those with 
 regard to the establishment of an education committee under sec. 17 
 (I) and (2).
 
 l6o EDUCATION ACT, IQO2. 
 
 Provision as to Elementary and Higlier Education Powers 
 respectively. 
 
 22. (i.) In this Act and in the Elementary Education 
 Acts the expression "elementary school " shall not include 
 any school carried on as an evening school under the 
 regulations of the Board of Education, (i) 
 
 (2.) The power to provide instruction under the Ele- 
 mentary Education Acts, 1870 to 1900, shall, except where 
 those Acts expressly provide to the contrary, be limited 
 to the provision in a public elementary school of instruction 
 given under the regulations of the Board of Education to 
 scholars who, at the close of the school year, will not be 
 more than sixteen years of age : Provided that the local 
 education authority may, with the consent of the Board of 
 Education, extend those limits in the case of any such 
 school if no suitable higher education is available within a 
 reasonable distance of the school. (2) 
 
 (3.) The power to supply or aid the supply of education 
 other than elementary includes a power to train teachers, 
 and to supply or aid the supply of any education except 
 where that education is given at a public elementary 
 school. (3) 
 
 (1) It is now clearly laid down that a school carried on as an 
 evening school under the regulations of the Board of Education shall 
 not be included in the expression " elementary school," and conse- 
 quently after the " appointed day " no such school can be a public 
 elementary school. This follows the lines of the judgment in R. v. 
 Cockerton, C. A. (1901), i K. B. 726 ; 70 L. J. K. B. 441, C. A. 84, 
 L. T. 488, see p. 466. When evening schools are carried on it must 
 be in connection with the powers given by the Act with reference to 
 higher education. 
 
 For regulations as to public elementary schools conducted as higher 
 elementary schools, see Appendix, p. 653. 
 
 (2) The question as to the age up to which there might be admission 
 to a public elementary school was considered by the divisional court 
 in R. v. Cockerton [1901], i Q. B. 322. All doubt is now removed by 
 the enactment in this sub-section. The limits specified apply except 
 where the Elementary Education Acts expressly provide to the con- 
 trary. The 56 & 57 Viet., c. 42, post, by sec. n provides that for the 
 purposes of the Elementary Education Acts a blind or deaf boy or 
 girl shall be deemed to be a child until the age of sixteen years, 
 and that the period of compulsory education in the case of such a 
 child shall extend to sixteen years. Sec. 1 1 of the 62 & 63 Viet, c. 
 32, post, contains a similar provision with regard to defective and 
 epileptic children. 
 
 As regards the extension of the limits of age, with the consent of 
 the Board of Education, in the case of any school where no suitable
 
 2- EDW. 7, C. 42, SEC. 22, SUB-SEC. 3. l6l 
 
 higher education is available within a reasonable distance of the school, 
 it is to be observed that three miles, measured according to the 
 nearest road from the residence of a child, is recognized in sec. 74 of 
 33 & 34 Viet., c. 75, post, as the maximum distance in connection 
 with bye-laws as to school attendance. 
 
 (3) With regard to the power of councils to supply or aid the 
 supply of education other than elementary, see sees. 2 and 3. 
 
 The training of teachers is a matter of national importance. This 
 sub-section enables the local education authorities to establish train- 
 ing colleges or aid such institutions that already exist. They may be 
 undenominational training colleges and hostels in connection with 
 undenominational training colleges. This will reduce the grievance 
 which has been urged by Nonconformists. The present number of 
 training colleges is insufficient. 
 
 Miscellaneous Provisions. 
 
 23. (i.) The powers of a council under this Act shall 
 include the provision of vehicles or the payment of reason- 
 able travelling expenses for teachers or children attending 
 school or college whenever the council shall consider such 
 provision or payment required by the circumstances of 
 their area or of any part thereof, (i) 
 
 (2.) The power of a council to supply or aid the supply 
 of education, other than elementary, shall include power to 
 make provision for the purpose outside their area in cases 
 where they consider it expedient to do so in the interests 
 of their area, and shall include power to provide or assist 
 in providing scholarships for, and to pay or assist in paying 
 the fees of, students ordinarily resident in the area of the 
 council "at schools or colleges or hostels within or without 
 that area. (2) 
 
 (3.) The county councillors elected for an electoral 
 division consisting wholly of a borough or urban district 
 whose council are a local education authority for the 
 purpose of Part III. of this Act, or of some part of such 
 a borough or district, shall not vote in respect of any 
 question arising before the county council which relates 
 only to matters under Part III. of this Act. (3) 
 
 (4.) The amount which would be produced by any rate 
 in the pound shall be estimated for the purposes of this 
 Act in accordance with regulations made by the Local 
 Government Board. (4) 
 
 (5.) The Mortmain and Charitable Uses Act, 1888, and 
 so much of the Mortmain and Charitable Uses Act, 1891, 
 as requires that land assured by will shall be sold within 
 one year from the death of the testator, shall not apply 
 to any assurance, within the meaning of the said Act of 
 
 M
 
 162 EDUCATION ACT, 1902. 
 
 1888, of land for the purpose of a schoolhouse for an 
 elementary school. (5) 
 
 (6.) A woman is not disqualified, either by sex or mar- 
 riage, for being on any body of managers or education 
 committee under this Act. (6) 
 
 (7.) Teachers in a school maintained but not provided 
 by the local education authority shall be in the same 
 position as respects disqualification for office as members 
 of the authority as teachers in a school provided by the 
 authority. (7) 
 
 (8.) Population for the purposes of this Act shall be 
 calculated according to the census of nineteen hundred 
 and one. (8) 
 
 (9.) Sub-sections one and five of section eighty-seven of 
 the Local Government Act, 1888 (which relate to local 
 inquiries), shall apply with respect to any order, consent, 
 sanction, or approval which the Local Government Board 
 are authorized to make or give under this Act. (9) 
 
 (10.) The Board of Education may, if they think fit, 
 hold a public inquiry for the purpose of the exercise of 
 any of their powers or the performance of any of their 
 duties under this Act, and section seventy-three of the 
 Elementary Education Act, 1870, shall apply to any 
 public inquiry so held or held under any other provision 
 of this Act. (10) 
 
 (l) The powers conferred by this sub-section refer to teachers or 
 children attending school or college, and they apply not only to 
 schools or colleges for higher education, but also to schools for 
 elementary education. 
 
 For definition of the term " college," see sec. 24 (4). 
 
 The powers in question may be exercised by the local education 
 authorities and also by the councils of non-county boroughs and urban 
 districts who supply or aid the supply of higher education. The sub- 
 section will assist in removing difficulties. It will, for instance, enable 
 an authority to facilitate the attendance of children at school by the 
 provision of vehicles or the payment of travelling expenses, where 
 otherwise additional school accommodation might have to be pro- 
 vided in consequence of the distance from a school. It will also 
 remove any doubt as to the power of the authority to incur expense 
 of the character referred to when necessary for the attendance of 
 teachers at pupil teachers' centres. 
 
 In connection with the provision of conveyances for children, sec. 3 
 of the Elementary Education (Defective and Epileptic Children) Act, 
 1899 (62 & 63 Viet., c. 32), may be referred to. Under that section 
 the local education authority may provide guides or conveyances for 
 children who in the opinion of the authority are, by reason of any 
 physical or mental detect, unable to attend school without guides or 
 conveyances.
 
 2 EDW. 7, C. 42, SEC. 23, SUB-SEC. 2. 163 
 
 The Board of Education have stated that this provision is not 
 limited to children attending special classes under that Act, but is 
 intended also to meet the case of children who would otherwise be 
 prevented from attending ordinary public elementary schools. 
 
 (2) The powers referred to may be exercised by the council of a 
 county or county borough who are a local education authority under 
 sec. i, or the council of any non-county borough or urban district 
 having powers under sec. 3. 
 
 As to the powers which may be exercised by the authorities referred 
 to for the supply or aiding the supply of education other than elemen- 
 tary, see sees. 2 and 3 and notes on those sections. 
 
 This sub-section follows generally the lines of sec. i of the Technical 
 Instruction Act, 1891, which empowered a local authority "to make 
 such provision in aid of the technical or manual instruction for the 
 time being supplied in a school or institution outside its district as 
 may, in the opinion of the authority, be necessary for the require- 
 ments of the district in cases where similar provision cannot be so 
 advantageously made by aiding a school or institution within its 
 district ; and to provide or assist in providing scholarships for or pay 
 or assist in paying the fees of students ordinarily resident in the 
 district of the local authority at schools or institutions within or 
 outside that district." 
 
 In the case of a county, it is often the case that a school or college 
 situated in a county borough is much more conveniently situated from 
 the point of view of accessibility than one provided in any part of the 
 county. 
 
 (3) When the council of a non-county borough or urban district are 
 under sec. I of the Act the local education authority for the purpose 
 of Part III. of the Act (elementary education), the county councillors 
 elected for an electoral division consisting wholly or partly of any such 
 non-county borough or district are not to vote in respect of any 
 question arising before the county council as the local education 
 authority for the county, which relates only to matters under Part III. 
 of the Act. 
 
 Were it not for this provision a county councillor in the case 
 referred to would be entitled to vote on questions involving expenses 
 to which the borough or district included wholly or partly in the 
 electoral division which he represents would not be liable to 
 contribute. 
 
 (4) Under sees. 2 and 3 the amounts to be raised for supplying or 
 aiding the supply of higher education in any year out of rates under 
 the Act are not to exceed the amounts which would be produced by 
 certain rates in the pound, and in conection with the aid grant under 
 sec. 10 there are references to the amounts which would be produced 
 by a penny rate, and a rate of threepence in the pound. 
 
 The first question which arises is whether for ascertaining the 
 produce of the rate, at a certain rate in the pound, the full rateable 
 value should be taken into account or only the assessable value under 
 the Agricultural Rates Acts, i.e. the rateable value reduced by an 
 amount equal to one-half of the rateable value of the agricultural 
 land. 
 
 Apart from this the amount which a rate will produce at a certain 
 rate in the pound depends to some extent on the amount which is 
 irrecoverable by reason of the allowances to owners who pay the rates
 
 164 EDUCATION ACT, 1902. 
 
 instead of the occupiers, empties, excusals on the ground of poverty, 
 and other causes. 
 
 The Local Government Board are therefore to make regulations 
 which will provide in what way the amount which would be produced 
 by any rate in the pound is to be estimated for the purposes of the Act. 
 
 (5) The Mortmain and Charitable Uses Act, 1888 (51 & 52 Viet., c. 
 42), which is intituled " An Act to consolidate and amend the law 
 relating to mortmain and the disposition of land for charitable uses," 
 exempted from the provisions of that Act any assurance by deed of land 
 of any quantity and any assurance by will of land not exceeding one 
 acre for any one schoolhouse for the purposes only of a schoolhouse 
 for an elementary school, or an assurance by will of personal estate to 
 be applied in or towards the purchase of land for the same purpose 
 only. This was subject to the proviso " that a will containing such an 
 assurance, and a deed containing such an assurance and made other- 
 wise than in good faith for full and valuable consideration, shall be 
 executed not less than twelve months before the death of the assuror, 
 or be a reproduction in substance of a devise made in a previous will 
 in force at the time of such reproduction, and which was executed 
 not less than twelve months before the death of the assuror, and is 
 enrolled in the books of the Charity Commissioners within six months 
 after the death of the testator, or in case of a deed the execution of 
 the deed." 
 
 The Mortmain and Charitable Uses Act, 1891 (54 & 55 Viet., c. 73), 
 by sec. 5 provides that land may be assured by will to or for the 
 benefit of any charity, but subject to certain exceptions such land 
 shall, notwithstanding anything in the will contained to the contrary, 
 be sold within one year from the death of the testator or such ex- 
 tended period as may be determined by the High Court or any judge 
 thereof sitting at chambers or by the Charity Commissioners. 
 
 It is now provided that the Mortmain and Charitable Uses Act, 
 1888, and the provision above referred to in sec. 5 of the Mortmain 
 and Charitable Uses Act, 1891, which requires that the land assured 
 by will shall be sold within one year from the death of the 'testator 
 shall not apply to any assurance, within the meaning of the first- 
 mentioned Act, of land for the purpose of a schoolhouse for an 
 elementary school. 
 
 "Assurance" within the meaning of the Mortmain and Charitable 
 Uses Act, 1888, includes a gift, conveyance, appointment, lease, 
 transfer, settlement, mortgage, charge, incumbrance, devise, bequest, 
 and every other assurance by deed, devise, will, or other instrument. 
 
 As regards the definition of " elementary school " and " school- 
 house," see sec. 3 of 33 & 34 Viet., c. 75, post. 
 
 (6) As to schemes for the establishment of an education committee, 
 see sec. 17. By sub-sec. 3 of that section it is provided that the 
 scheme shall provide for the inclusion of women as well as men among 
 the members of the committee. 
 
 With respect to the appointment of managers of schools, whether 
 provided by the local education authority or not so provided, see sec. 6. 
 
 (7) Teachers in a school provided by a local education authority 
 are disqualified for acting as members of that authority, but they may 
 be members of the education committee. See statutory provisions as 
 to disqualification in note to sec. 17 (4
 
 2 EDW. 7, C. 42, SEC. 23, SUB-SEC. 8. 165 
 
 This provision places teachers in a school maintained but not 
 provided by the local education authority in the same position as 
 regards disqualification for office as members of the local education 
 authority as teachers in a school provided by that authority. 
 
 But with reference to these provisions, it is to be borne in mind 
 that by the Second Schedule (9) it is provided that the disqualification 
 of any persons who are, at the time of the passing of the Act (the i8th 
 of December, 1902), members of any council, and who will become 
 disqualified for office in consequence of the Act, shall not, if the 
 council so resolve, take effect until a day fixed by the resolution, not 
 being later than the next ordinary day of retirement of councillors in 
 the case of a county council, the next ordinary day of election of 
 councillors in the case of the council of a borough, and the I5th of 
 April in the year 1904 in the case of an urban district council. 
 
 (8) This provision is for the purpose of determining the basis of 
 calculation of the population which entitles the council of a non- 
 county borough or of an urban district to be a local education 
 authority for the purposes of Part III. of the Act (elementary educa- 
 tion). The population according to the census of 1901 is conclusive, 
 and in the absence of further legislation will continue to be so, 
 although a later decennial census may have been taken (see sec. I 
 and note thereon with regard to extensions of areas). 
 
 (9) The sanction of the Local Government Board is required to 
 the borrowing of moneys by a county council under the Local 
 Government Act, 1888, and by the council of a borough or urban 
 district under the Public Health Act, 1875, for the purposes of the 
 Elementary Education Acts and this Act (sec. 19 (i)). Their consent 
 is also required by sec. 2 (i) to the raising by the council of a county 
 in any year for the purpose of supplying or aiding the supply of 
 higher education an amount which would exceed the amount which 
 would be produced by a rate of twopence in the pound. See also 
 powers conferred on them by the Second Schedule (6) and Third 
 Schedule (12). 
 
 Before the Board give their decision on such matters they will 
 probably direct local inquiries by one of their inspectors at which 
 any persons interested may attend and be heard. 
 
 The provisions of sub-sees, i and 5 of sec. 87 of the Local Govern- 
 ment Act, 1888, relating to inquiries, which are by this sub-section 
 made applicable to inquiries by the Local Government Board for the 
 purposes of the Act, are as follows : 
 
 87. (i.) Where the Local Government Board are authorized by 
 this Act to make any inquiry, to determine any difference, to make 
 or confirm any order, to frame any scheme, or to give any consent, 
 sanction, or approval to any matter, or otherwise to act under this 
 Act, they may cause to be made a local inquiry, and in that case 
 sees. 293 to 296, both inclusive, of the Public Health Act, 1875, shall 
 apply as if they were herein re-enacted and in terms made applicable 
 to this Act. 
 
 (5.) Where the Board cause any local inquiry to be held under this 
 Act, the costs incurred in relation to such inquiry, including the salary 
 of any inspector or officer of the Board engaged in such inquiry, 
 not exceeding three guineas a day, shall be paid by the councils and 
 other authorities concerned in such inquiry, or by such of them and 
 in such proportions as the Board may direct, and the Board may
 
 1 65 EDUCATION ACT, 1902. 
 
 certify the amount of the costs incurred, and any sum so certified and 
 directed by the Board to be paid by any council or authority shall be 
 a debt to the Crown from such council or authority. 
 
 The sections of the Public Health Act, 1875, above referred to, are 
 as follows : 
 
 293. The Local Government Board may from time to time cause to 
 be made such inquiries as are directed by this Act, and such inquiries 
 as they see fit in relation to any matters concerning the public health 
 in any place, or any matters with respect to which their sanction, 
 approval, or consent is required by this Act. 
 
 294. The Local Government Board may make orders as to the 
 costs of inquiries or proceedings instituted by, or of appeals to the 
 said Board under this Act, and as to the parties by whom or the rates 
 out of which such costs shall be borne ; and every such order may be 
 made a rule of one of the superior courts of law on the application of 
 any person named therein. 
 
 295. All orders made by the Local Government Board in pursuance 
 of this Act shall be binding and conclusive in respect of the matters 
 to which they refer, and shall be published in such manner as that 
 Board may direct. 
 
 296. Inspectors of the Local Government Board shall, for the pur- 
 poses of any inquiry directed by the Board, have in relation to wit- 
 nesses and their examination, the production of papers and accounts, 
 and the inspection of places and matters required to be inspected, 
 similar powers to those which poor law inspectors have under the 
 Acts relating to the relief of the poor for the purposes of those Acts. 
 
 (10) For provisions of sec. 73 of the Elementary Education Act, 
 1870, as to inquiries by the Board of Education, see p. 268. 
 
 That section requires that notice of the inquiry (except an 
 adjourned sitting) shall be published in such manner as the Board 
 of Education direct seven days at least before the holding thereof. 
 Sec. 13, ante, however, requires that ten days' previous notice of an 
 inquiry under that section with regard to endowments shall be 
 given. The provisions of sec. 297 of the Public Health Act, which 
 by sec. 21 of this Act are made applicable to a Provisional Order for 
 the establishment of an education committee by the Board of Educa- 
 tion under sec. 17 (7), require that public notice of the local inquiry 
 in the matter, as well as notice of the purport of the proposed order, 
 shall be given by advertisement in some local newspaper circulating 
 in the district to which the Provisional Order relates. The specific 
 requirements in these cases, although they are not expressly imposed 
 by sec. 73 of the Act of 1870, will no doubt be complied with. 
 
 Interpretation. 
 
 24. (i.) Unless the context otherwise requires, any 
 expression to which a special meaning is attached in the 
 Elementary Education Acts, 1870 to 1900, shall have the 
 same meaning in this Act. (i) 
 
 (2.) In this Act the expression "minor local authority" 
 means, as respects any school, the council of any borough 
 or urban district, or the parish council or (where there is
 
 2 EDW. 7, C. 42, SEC. 24, SUB-SEC. I. 167 
 
 no parish council) the parish meeting of any parish which 
 appears to the county council to be served by the school. 
 Where the school appears to the county council to serve 
 the area of more than one minor local authority, the 
 county council shall make such provision as they think 
 proper for joint appointment of managers by the autho- 
 rities concerned. (2) 
 
 (3.) In this Act the expressions "powers," "duties," 
 " property," and " liabilities " shall, unless the context 
 otherwise requires, have the same meanings as in the 
 Local Government Act, 1888. (3) 
 
 (4.) In this Act the expression "college" includes any 
 educational institution, whether residential or not. (4) 
 
 (5.) In this Act, unless the context otherwise requires, 
 the expression " trust deed " includes any instrument 
 regulating the trusts or management of a school or 
 college. (5) 
 
 (1) The term " borough," " elementary school," "managers," "par- 
 liamentary grant," " ratepayer," " schoolhouse," and " teacher " are 
 defined by sec. 3 of 33 & 34 Viet., c. 75, post, and "public school 
 accommodation" by sec. 5, and "public elementary school" by sec. 7 
 of that Act. 
 
 (2) With regard to the appointment of managers by the minor 
 local authorities, see sec. 6. 
 
 (3) The meanings of the expressions "powers," "duties," "pro- 
 perty," and "liabilities" in the Local Government Act, 1888, are given 
 in sec. 100 of that Act, and are as follows : 
 
 The expression " powers " includes rights, jurisdiction, capacities, 
 privileges, and immunities. 
 
 The expression "duties" includes responsibilities and obligations. 
 
 The expression " property " includes all property, real and personal, 
 and all estates, interests, easements, and rights, whether equitable 
 or legal, in, to, and out of property real and personal, including 
 things in action, and registers, books, and documents ; and when 
 used in relation to any authority, includes any property which on 
 the " appointed day " belongs to, or is vested in, or held in trust 
 for, or would but for this Act have, on or after that day, belonged 
 to, or been vested in, or held in trust for, such . . . authority. 
 
 The expression " liabilities " includes liability to any proceeding for 
 enforcing any duty or for punishing the breach of any duty, and 
 includes all debts and liabilities to which any authority are or 
 would but for this Act be liable or subject to, whether accrued 
 due at the date of the transfer or subsequently accruing, and 
 includes any obligation to carry or apply any money to any 
 sinking fund or to any particular purpose. 
 
 (4) The expression " college " occurs in sec. 2 (2), sec. 4, sec. 20 (#), 
 and sec. 23 ((i) and (2) and Third Schedule (11)) of the Act. 
 
 (5) See note on sub-sec. I of sec. 1 1 as to the effect of this definition 
 of trust deeds.
 
 168 EDUCATION ACT, 1902. 
 
 Provisions as to Proceedings, Transfer, &c., Application of 
 Enactments and Repeal. 
 
 25. (i.) The provisions set out in the First and Second 
 Schedules to this Act relating to education committees 
 and managers, and to the transfer of property and officers, 
 and adjustment, shall have effect for the purpose of carry- 
 ing the provisions of this Act into effect. 
 
 (2.) In the application of the Elementary Education 
 Acts, 1870 to 1900, and other provisions referred to in 
 that schedule, the modifications specified in the Third 
 Schedule to this Act shall have effect. 
 
 (3.) The enactments mentioned in the Fourth Schedule 
 to this Act shall be repealed to the extent specified in the 
 third column of that schedule. 
 
 For the First and Second Schedules, see pp. 171-192, the Third 
 Schedule, p. 193, and the Fourth Schedule, p. 196. 
 
 Application of Act to Stilly Islands. 
 
 26. For the purposes of this Act the Council of the 
 Isles of Scilly shall be the local education authority for 
 the Scilly Islands, and the expenses of the council under 
 this Act shall be general expenses of the Council. 
 
 The council of the Isles of Scilly, which by this section are consti- 
 tuted the local education authority for the Scilly Islands, are the 
 council constituted by a provisional order which was made by the 
 Local Government Board under the powers conferred by sec. 49 of 
 the Local Government Act, 1888. The provisional order was con- 
 firmed by Parliament. 
 
 Extent, Commencement, and Short Title. 
 
 27. (i.) This Act shall not extend to Scotland or 
 Ireland, or, except as expressly provided, to London, (i) 
 
 (2.) This Act shall, except as expressly provided, come 
 into operation on the appointed day, and the appointed 
 day shall be the twenty-sixth day of March nineteen 
 hundred and three, or such other day, not being more 
 than eighteen months later, as the Board of Education 
 may appoint, and different days may be appointed for 
 different purposes and for different provisions of this Act, 
 and for different councils. (2) 
 
 (3.) The period during which local authorities may,
 
 2 EDW. 7, C. 42, SEC. 27, SUB-SEC. I. 169 
 
 under the Education Act, 1901, as renewed by the Educa- 
 tion Act, 1901 (Renewal) Act, 1902, empower school 
 boards to carry on the work of the schools and classes to 
 which those Acts relate shall be extended to the appointed 
 day, and in the case of London to the twenty-sixth day of 
 March nineteen hundred and four. (3) 
 
 (4.) This Act may be cited as the Education Act, 1902, 
 and the Elementary Education Acts, 1870 to 1900, and 
 this Act may be cited as the Education Acts, 1870 to 
 1902. (4) 
 
 (1) The only provision in the Act which applies to London is that 
 in the third sub-section in this section. 
 
 (2) See circular dated the 4th of March, 1903 (p. 693 in Appendix), 
 which the Board of Education have addressed to the several local 
 education authorities with reference to the provision in this sub-section 
 as to the appointed day. 
 
 The sections which the Act expressly provides shall come into 
 operation before the appointed day are the following : 
 
 No election of members of a school board shall be held after the 
 passing of the Act (December 18, 1902), and the term of office of 
 members of any school board holding office at that date, or appointed 
 to fill casual vacancies after that date, shall continue to the appointed 
 day. The Board of Education may make orders with respect to any 
 matter which it appears to them necessary or expedient to deal with 
 for the purpose of carrying this provision into effect, and any order so 
 made will operate as if enacted in the Act (Second Schedule (10)). 
 
 During the period between the passing of the Act and the ap- 
 pointed day, the managers of any public elementary school, whether 
 provided by a school board or not, and any school attendance com- 
 mittee, shall furnish to the council, which will on the appointed day 
 become the local education authority, such information as the council 
 may reasonably require (Second Schedule (15)). 
 
 When an authority having powers under the Act is the council of 
 a non-county borough or urban district, the council may, at any time 
 after the passing of the Act, by agreement with the council of the 
 county, and with the approval of the Board of Education, relinquish 
 in favour of the council of the county any of their powers and duties 
 under the Act, and in that case the powers and duties so relinquished 
 shall cease, and the area of the authority, if the powers and duties re- 
 linquished include powers as to elementary education, shall as respects 
 those powers, be part of the area of the county council (sec. 20 (&)). 
 
 The period during which local authorities may, under the Educa- 
 tion Act, 1901, as renewed by the Education Act, 1901 (Renewal) Act, 
 1902, empower school boards to carry on the work of the schools and 
 classes to which those Acts relate shall be extended to the appointed 
 day, and in the case of London to the 26th of March, 1904 (sec. 27). 
 
 The existing owners, trustees, or managers of a school may, within 
 a period of three months from the passing of the Act, apply to the 
 Board of Education for orders providing for the appointment of 
 foundation managers, where the trust deeds as to the appointment of 
 managers are inconsistent with the provisions of this Act, or are
 
 I/O EDUCATION ACT, IQO2, 
 
 insufficient or inapplicable for the purpose, or there is no trust deed 
 (sec. ii (2)). 
 
 In connection with this sub-section, see the provision in sec. 37 of 
 the Interpretation Act, 1889 (52 & 53 Viet., c. 63), which provides as 
 follows : 
 
 Where an Act passed after the commencement of this Act is not to 
 come into operation immediately on the passing thereof, and confers 
 power to make any appointment, to make, grant, or issue any instru- 
 ment, that is to say, any order in council, order, warrant, scheme, 
 letters patent, rules, regulations, or byelaws, to give notices, to pre- 
 scribe forms, or to do any other thing for the purposes of the Act, 
 that power may, unless the contrary intention appears, be exercised 
 at any time after the passing of the Act, so far as may be necessary 
 or expedient for the purpose of bringing the Act into operation at the 
 date of the commencement thereof, subject to this restriction, that 
 any instrument made under the power shall not, unless the contrary 
 intention appears in the Act, or the contrary is necessary for bringing 
 the Act into operation, come into operation until the Act comes into 
 operation. 
 
 It is clear that the 26th of March, 1903, will not be the "appointed 
 day " generally, and that it will be necessary for the Board of Education 
 to exercise their powers of fixing different days for different purposes 
 and for different provisions of the Act and for different councils. 
 
 The deferring of the " appointed day " as regards particular councils 
 it is to be assumed will have the effect of deferring in those cases the 
 date from which the payment of the aid grant under sec. 10 will 
 commence. 
 
 (3) For Education Act, 1901, see I Edw. 7, c. n, post, and for 
 Education Act, 1901 (Renewal) Act, 1902, see 2 Edw. 7, c. impost. 
 
 (4) The Elementary Education Acts, 1870 to 1900, are 
 The Elementary Education Act, 1870 (33 & 34 Viet., c. 75) 
 The Elementary Education Act, 1873 (3 & 37 Viet., c. 86). 
 The Elementary Education Act, 1876 (39 & 40 Viet., c. 79). 
 
 The Elementary Education (Industrial Schools) Act, 1879 (4 2 
 
 & 43 Viet., c. 48). 
 
 The Elementary Education Act, 1880 (43 & 44 Viet, c. 23). 
 The Education Code (1890) Act, 1890 (53 & 54 Viet, c. 22). 
 The Elementary Education Act, 1891 (54 & 55 Viet, c. 56). 
 The Elementary Education (Blind and Deaf Children) Act, 1893 
 
 (56 & 57 Viet, c. 42). 
 The Elementary Education (School Attendance) Act, 1893 (56 & 
 
 57 Viet, c. 51). 
 The Elementary Education (School Attendance) Act, 1893, 
 
 Amendment Act, 1899 (62 & 63 Viet., c. 13). 
 The Elementary Education (Defective and Epileptic Children) 
 
 Act, 1899 (62 & 63 Viet, c. 32), and 
 
 The Elementary Education Act, 1900 (63 & 64 Viet, c. 53). 
 The several Acts above referred to are given in this volume, to- 
 ge her with the School Boards Act, 1885 (48 & 49 Viet, c. 38), the 
 Voluntary Schools Act, 1897 (60 Viet, c. 5), the School Board Con- 
 ference Act, 1897 (60 & 61 Viet, c. 33), the Elementary School 
 Teachers (Superannuation) Act, 1898 (61 & 62 Viet, c. 57), and the 
 Board of Education Act, 1899 (62 & 63 Viet., c. 33).
 
 2 EDW. 7, C. 42, SCH. I. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 PROVISION AS TO EDUCATION COMMITTEE AND 
 MANAGERS. 
 
 A. Education Committees. 
 
 (i.) The council by whom an education committee is established 
 may make regulations as to the quorum, proceedings, and place 
 of meeting of that committee, but, subject to any such regulations, 
 the quorum, proceedings, and place of meeting of the committee 
 shall be such as the committee determine. 
 
 (2.) The chairman of the education committee at any meeting 
 of the committee shall, in case of an equal division of votes, have 
 a second or casting vote. 
 
 (3.) The proceedings of an education committee shall not be 
 invalidated by any vacancy among its members or by any defect 
 in the election, appointment, or qualification of any members 
 thereof. 
 
 (4.) Minutes of the proceedings of an education committee 
 shall be kept in a book provided for that purpose, and a minute 
 of those proceedings, signed at the same or next ensuing meeting 
 by a person describing himself as, or appearing to be, chairman 
 of the meeting of the committee at which the minute is signed, 
 shall be received in evidence without further proof. 
 
 (5.) Until the contrary is proved, an education committee shall 
 be deemed to have been duly constituted and to have power to 
 deal with any matters referred to in its minutes. 
 
 (6.) An education committee may, subject to any directions of 
 the council, appoint such and so many sub-committees, consisting 
 either wholly or partly of members of the committee, as the 
 committee thinks fit. 
 
 The chairman of the education committee is entitled to have his 
 vote on any question recorded in the same manner as any other 
 member of the committee present at the meeting, and if the votes are 
 then found to be equal, he will be entitled to give a second or casting 
 vote. If the chairman has not already voted, and the votes are found 
 to be equal, he may give his casting vote. When the chairman 
 intends to vote on a question (irrespective of his casting vote), he 
 should give his vote before declaring the numbers voting for and 
 against the motion.
 
 EDUCATION ACT, IQO2. 
 
 As regards the liability of the printers of minutes of the proceedings 
 of local authorities when the minutes contain statements which are 
 alleged to be slanderous, the case of Johnson v. Hazell, Watson, 
 and Viney (L. G. C. (1890) 91) may be referred to. In that case the 
 defendants held a contract with the London School Board for print- 
 ing, their contract including the printing of the minutes of the pro- 
 ceedings of the school board and committees. At a meeting of a 
 committee of the board one of the members made certain statements 
 with regard to the plaintiff, who had contracted for the erection of 
 schools for the school board. These statements were alleged to be 
 slanderous. The proceedings of the committee were printed by the 
 defendants in accordance with their contract. In consequence of this 
 publication the plaintiff brought an action against the defendants as 
 the publishers of the alleged slanderous statements. The defendants 
 pleaded privilege, and that by sec. 87 of the Education Act, 1870, 
 every ratepayer in the school district was entitled to inspect and take 
 copies of these reports, and that copies had only been supplied to 
 ratepayers. The jury found that the member of the school board did 
 utter the words alleged by the plaintiff, and that he did not utter them 
 bond fide believing them to be true, and they gave a verdict against 
 the defendants for 2/. on the ground that they had published the 
 slanderous statements. 
 
 With regard to alleged slanderous statements at a meeting of a 
 local authority by a member of the authority, the principles laid down in 
 Pittardv. Oliver (Court of Appeal (1891) i Q. B. 474 ; 64 L. T. 758 ; 
 39 W. R. 311) apply. In that case the defendant, who was a member 
 of a board of guardians, made certain statements at a meeting of the 
 board and in the presence of reporters, which seriously reflected on the 
 conduct of the clerk to the guardians. An action was brought against 
 him in respect of the alleged slander, and the jury found that the state- 
 ments were not in accordance with the facts, but that they were spoken 
 honestly and without malice and in the belief that they were true, and 
 they gave a verdict for the plaintiff for 40$. The question then arose 
 whether the occasion was privileged. It was held by the Court of 
 Appeal that although the statement, which had reference to a question 
 which was under discussion by the guardians, was untrue, it would 
 clearly have been privileged, as it was made without malice and with 
 a bond fide belief in its truth, if it had been made to his brother 
 guardians alone. Then as regards the presence of reporters, the fact 
 of their presence was not sufficient to deprive him of his privilege 
 while discharging his duty. The reporters were not present by his 
 invitation, and their presence was not subject to his control. Judgment 
 was accordingly entered for the defendant. 
 
 As to the time within which an action for libel against a local 
 authority must be brought, see Reid v. Blisland School Board, p. 
 291. 
 
 In that case an action was brought against the school board by the 
 late schoolmaster of a school of the board for libel. It appeared that 
 the plaintiff and his wife were employed by the school board to their 
 satisfaction for ten years. The board having given him notice to 
 quit their service, he pointed out that under his agreement they must 
 specify the grounds of his dismissal. And at a subsequent meeting a 
 resolution was read accusing the plaintiff of falsifying the attendance 
 list, and also stating that the sewing taught was not of an efficient 
 character. At the conclusion of the evidence for the plaintiff it was
 
 2 EDW. 7, C. 42, SCH. I. 1/3 
 
 submitted for the school board that the Public Authorities Protection 
 Act, 1893, applied, and that the action had not been commenced 
 within six months as required by that Act. Mr. Justice Wills held 
 that, looking to the provisions of the Act referred to, the judgment 
 must be for the school board with costs. 
 
 B. Managers. 
 
 (i.) A body of managers may choose their chairman, except in 
 cases where there is an ex-officio chairman, and regulate their 
 quorum and proceedings in such manner as they think fit, subject, 
 in the case of the managers of a school provided by the local 
 education authority, to any directions of that authority. 
 
 Provided that the quorum shall not be less than three, or one- 
 third of the whole number of managers, whichever is the greater. 
 
 (2.) Every question at a meeting of a body of managers shall 
 be determined by a majority of the votes of the managers present 
 and voting on the question, and in case of an equal division of 
 votes the chairman of the meeting shall have a second or casting 
 vote. 
 
 (3.) The proceedings of a body of managers shall not be invali- 
 dated by any vacancy in their number, or by any defect in the 
 election, appointment, or qualification of any manager. 
 
 (4.) The body of managers of a school provided by the local 
 education authority shall deal with such matters relating to the 
 management of the school, and subject to such conditions and 
 restrictions, as the local education authority determine. 
 
 (5.) A manager of a school not provided by the local education 
 authority, appointed by that authority or by the minor local 
 authority, shall be removable by the authority by whom he is 
 appointed, and any such manager may resign his office. 
 
 (6.) The body of managers shall hold a meeting at least once 
 in every three months. 
 
 (7.) Any two managers may convene a meeting of the body of 
 managers. 
 
 (8.) The minutes of the proceedings of every body of managers 
 shall be kept in a book provided for that purpose. 
 
 (9.) A minute of the proceedings of a body of managers, signed 
 at the same or the next ensuing meeting by a person describing 
 himself as, or appearing to be, chairman of the meeting at which 
 the minute is signed, shall be received in evidence without further 
 proof. 
 
 (10.) The minutes of a body of managers shall be open to 
 inspection by the local education authority. 
 
 (u.) Until the contrary is proved, a body of managers shall be 
 deemed to be duly constituted and to have power to deal with the 
 matters referred to in their minutes. 
 
 As to the vote of the chairman, see note on First Schedule as to 
 the education committee.
 
 1/4 EDUCATION ACT, 1902. 
 
 SECOND SCHEDULE, 
 
 PROVISIONS AS TO TRANSFER OF PROPERTY AND 
 OFFICERS, AND ADJUSTMENT. 
 
 (i.) The property, powers, rights, and liabilities (including any 
 property, powers, rights, and liabilities vested, conferred, or arising 
 under any local Act or any trust deed) of any school board or 
 school attendance committee existing at the appointed day shall 
 be transferred to the council exercising the powers of the school 
 board. 
 
 This rule refers to the transfer of the property, powers, rights, and 
 liabilities of a school board or school attendance committee to the 
 local education authority who exercise the powers of the school board 
 under sec. 5 of the Act. 
 
 For definition of the terms "property," "powers," and "liabilities," 
 see sec. 24 (3). 
 
 As to the " appointed day," see sec. 27. 
 
 If the powers of a school board transferred to the local education 
 authority include power to appoint governors of a secondary school, 
 the powers so conferred would be included in the term " rights of a 
 school board," which are transferred by this rule (Secretary to the 
 Board of Education, Parl. Debates (1902), vol. 15, 847). 
 
 As to the charging of the expenses of a local education authority 
 incurred to meet the liabilities on account of loans or rent of any 
 school board transferred to them, see sec. 18 (i) (d}. 
 
 With regard to all current debts and liabilities it is the duty of the 
 school board to liquidate them as far as practicable before the 
 " appointed day." If they are not so paid and discharged the local 
 education authority may exercise the same powers as might have 
 been exercised by the school board for obtaining from the district of 
 the school board the moneys required for that purpose. See Rule 8 
 and sec. 86 of Local Government Act, 1894. The same provisions 
 apply to a school attendance committee. 
 
 Voluntary schools are not transferred to the local education 
 authorities. The local education authority will be responsible for the 
 cost of the maintenance of voluntary schools after the " appointed day," 
 but they will have nothing to do with any deficit in the accounts of 
 those schools existing on that day or with any expenses incurred by 
 the managers before that day. See also Rule 12 in this Schedule, and 
 notes thereon. 
 
 (2.) Where, under the provisions of this Act, any council 
 relinquishes its powers and duties in favour of a county council, 
 any property or rights acquired and any liabilities incurred, for the 
 purpose of the performance of the powers and duties relinquished, 
 including any property or rights vested or arising, or any liabilities 
 incurred, under any local Act or trust deed, shall be transferred 
 to the county council. 
 
 Under sec. 20 (b} the council of a non-county borough or urban
 
 2 EDW. 7, C. 42, SCH. II. 175 
 
 district may, subject to the conditions referred to in that section, 
 relinquish in favour of the county council their powers under sec. 3 as 
 regards supplying or aiding the supply of education other than ele- 
 mentary, and the council of a non-county borough or urban district, 
 when they are the local education authority under sec. i of the Act 
 for the purposes of Part III. of the Act as to elementary education, 
 may also, subject to the like conditions, relinquish their powers in 
 favour of the county council. This rule applies to the transfer to the 
 county council of property, rights, and liabilities, in the case of any 
 such relinquishment. For definition of the terms " property " and 
 " liabilities," see sec. 24 (3). 
 
 (3.) Any loans transferred to a council under this Act shall, for 
 the purpose of the limitation on the powers of the council to 
 borrow, be treated as money borrowed under this Act. 
 
 Sec. 19 (2) provides that money borrowed under this Act shall not 
 be reckoned as part of the total debt of a county for the purposes of 
 sec. 69 of the Local Government Act, 1888, or as part of the debt of a 
 county borough, borough, or urban district, for the purpose of the 
 limitation of borrowing under sub-sees. (2) and (3) of sec. 234 of the 
 Public Health Act, 1875. This rule brings within the terms of 
 the enactment referred to any loans transferred to a council under 
 this Act. 
 
 (4.) Any liability of an urban district council incurred under 
 the Technical Instruction Acts, 1889 and 1891, and charged on 
 any fund or rate, shall, by virtue of this Act, become charged on 
 the fund or rate out of which the expenses of the council under 
 this Act are payable, instead of on the first-mentioned fund or 
 rate. 
 
 The liabilities incurred under the Technical Instruction Acts, 1889 
 and 1891, in the case of an urban district, were under those Acts 
 charged on the district fund and general district rate. In the levy of 
 a general district rate, tithes, or any tithe commutation rent-charge, 
 land used as arable, meadow, or pasture ground only, or as wood- 
 lands, market-gardens, and nursery grounds, and land covered with 
 water or used only as a canal or towing-path for the same, or as a 
 railway constructed under the powers of any Act of Parliament for 
 public conveyance, are assessed in the proportion of one-fourth part 
 only of the net annual value. The expenses of an urban district 
 council under this Act (see sec. 18 (i)) will, under sec. 33 of the 
 Elementary Education Act, 1876 (39 & 40 Viet., c. 79), be defrayed 
 out of the poor rate of the parish or parishes comprised in the district. 
 There are no exemptions in the case of the poor rate similar to those 
 above referred to with regard to a general district rate, and it is in 
 consequence of this that the provision in this rule is made. 
 
 (5.) Section two of this Act shall apply to any balance of the 
 residue under section one of the Local Taxation (Customs and 
 Excise) Act, 1890, remaining unexpended and unappropriated by 
 any council at the appointed day. 
 
 Sec. 2 of the Act provides for the appropriation of the residue under
 
 EDUCATION ACT, 1902. 
 
 sec. i of the Local Taxation (Customs and Excise) Act, 1890, to the 
 supply or aiding the supply of education other than elementary. This 
 rule brings within that enactment any balance of the residue remain- 
 ing unexpended and unappropriated by any council at the " appointed 
 day." 
 As to the " appointed day," see sec. 27. 
 
 (6.) Where the liabilities of a school board transferred to the 
 local education authority under this Act comprise a liability on 
 account of money advanced by that authority to the school board, 
 the Local Government Board may make such orders as they think 
 fit for providing for the repayment of any debts incurred by the 
 authority for the purposes of those advances within a period fixed 
 by the order, and, in case the money advanced to the school 
 board has been money standing to the credit of any sinking fund 
 or redemption fund or capital money applied under the Local 
 Government Acts, 1888 and 1894, or either of them, for the 
 repayment to the proper fund or account of the amount so 
 advanced. 
 
 Any order of the Local Government Board made under this 
 provision shall have effect as if enacted in this Act. 
 
 Under local Acts the councils of certain boroughs have been 
 empowered to raise moneys for the purpose of loans to school boards. 
 This provision applies to cases where such advances have been made 
 to school boards and there are liabilities outstanding with respect to 
 them which under the Act are transferred to the council by whom the 
 moneys were advanced. 
 
 (7.) Where a district council ceases by reason of this Act to be 
 a school authority within the meaning of the Elementary Education 
 (Blind and Deaf Children) Act, 1893, or the Elementary Education 
 (Defective and Epileptic Children) Act, 1899, any property or 
 rights acquired and any liabilities incurred under those Acts shall 
 be transferred to the county council, and, notwithstanding any- 
 thing in this Act, the county council may raise any expenses 
 incurred by them to meet any liability of a school authority under 
 those Acts (whether a district council or not), and transferred to 
 the county council, off the whole of their area, or off any parish or 
 parishes which in the opinion of the council are served by the 
 school in respect of which the liability has been incurred. 
 
 Under the Elementary Education (Blind and Deaf Children) Act, 
 1893 (56 & 57 Viet., c. 42, fiost\ and under the Elementary Education 
 (Defective and Epileptic Children) Act, 1899 (62 & 63 Viet., c. 32, 
 post), district councils, where there were no school boards, were the 
 school authorities for the purpose of those Acts. The powers of the 
 district councils under those Acts are now transferred to the local 
 education authority, who, under sec. 5 of this Act, exercise all the 
 powers of a school board. The powers of the district councils as 
 school authorities under those Acts necessarily cease when the county 
 council become the local education authority.
 
 2 EDW. 7, C. 42, SCH. II. 177 
 
 (8.) Sections eighty-five to eighty-eight of the Local Govern- 
 ment Act, 1894 (which contain transitory provisions), shall apply 
 with respect to any transfer mentioned in this schedule, subject 
 as follows : 
 
 (a) References to " the appointed day " and to " the passing of 
 
 this Act " shall be construed, as respects a case of relin- 
 quishment of powers and duties, as references to the date 
 on which the relinquishment takes effect ; and 
 
 (b) The powers and duties of a school board or school attend- 
 
 ance committee which is abolished, or a council which 
 ceases under the provisions of this Act to exercise powers 
 and duties, shall be deemed to be powers and duties 
 transferred under this Act ; and 
 
 (f) Sub-sections four and five of section eighty-five shall not 
 apply. 
 
 For " appointed day," see sec. 27, and with regard to relinquishment 
 of powers and duties, see sec. 20 (b). 
 
 As to abolition of school boards and school attendance committees, 
 see sec. 5. 
 
 With regard to district councils which cease to be school authorities 
 under the Elementary Education (Blind and Deaf Children) Act, 
 1893, post, and the Elementary Education (Defective and Epileptic 
 Children) Act, i8gg,^>osf, see Rule 7. 
 
 The provisions of sees. 85 to 88 of the Local Government Act, 
 1894 (56 & 57 Viet., c. 73), which, with the exception of sub-sees. 4 and 5 
 of sec. 85, and subject to the adaptations made by this rule, apply to 
 transfers mentioned in this schedule, are as follows : 
 
 85. (i.) Every rate and precept for contributions made before the 
 appointed day may be assessed, levied, and collected, and proceedings 
 for the enforcement thereof taken, in like manner as nearly as may be 
 as if this Act had not passed. 
 
 (2.) The accounts of all receipts and expenditure before the appointed 
 day shall be audited, and disallowances, surcharges, and penalties 
 recovered and enforced, and other consequential proceedings had, in 
 like manner as nearly as may be as if this Act had not passed, but as 
 soon as practicable after the appointed day ; and every authority, 
 committee, or officer whose duty it is to make up any accounts, or to 
 account for any portion of the receipts or expenditure in any account, 
 shall, until the audit is completed, be deemed for the purpose of such 
 audit to continue in office, and be bound to perform the same duties 
 and render the same accounts and be subject to the same liabilities as 
 before the appointed day. 
 
 (3.) All proceedings, legal and other, commenced before the 
 appointed day, may be carried on in like manner, as nearly as may 
 be, as if this Act had not passed, and any such legal proceeding may 
 be amended in such manner as may appear necessary or proper in 
 order to bring it into conformity with the provisions of this Act. . . . 
 
 86. (i.) Nothing in this Act shall prejudicially affect any securities 
 granted before the passing of this Act on the credit of any rate or 
 property transferred to a council or parish meeting by this Act ; and 
 all such securities, as well as all unsecured debts, liabilities, and 
 
 N
 
 1/8 EDUCATION ACT, 1902. 
 
 obligations incurred by any authority in the exercise of any powers or 
 in relation to any property transferred from them to a council or 
 parish meeting shall be discharged, paid, and satisfied by that council 
 or parish meeting, and where for that purpose it is necessary to con- 
 tinue the levy of any rate or the exercise of any power which would 
 have existed but for this Act, that rate may continue to be levied and 
 that power to be exercised either by the authority who otherwise 
 would have levied or exercised the same, or by the transferee as the 
 case may require. 
 
 (2.) It shall be the duty of every authority whose powers, duties, 
 and liabilities are transferred by this Act to liquidate so far as prac- 
 ticable before the appointed day, all current debts and liabilities 
 incurred by such authority. 
 
 87. All such byelaws, orders, and regulations of any authority, 
 whose powers and duties are transferred by this Act to any council, 
 as are in force at the time of the transfer, shall, so far as they relate to 
 or are in pursuance of the powers and duties transferred, continue in 
 force as if made by that council, and may be revoked or altered 
 accordingly. 
 
 88. (i.) If at the time when any powers, duties, liabilities, debts, 
 or property are by this Act transferred to a council or parish meeting, 
 any action or proceeding, or any cause of action or proceeding, is 
 pending or existing by or against any authority in relation thereto, the 
 same shall not be in anywise prejudicially affected by the passing of 
 this Act, but may be continued, prosecuted, and enforced by or against 
 the council or parish meeting as successors of the said authority in 
 like manner as if this Act had not been passed. 
 
 (2.) All contracts, deeds, bonds, agreements, and other instruments 
 subsisting at the time of the transfer in this section mentioned, and 
 affecting any of such powers, duties, liabilities, debts, or property, 
 shall be of as full force and effect against or in favour of the council 
 or parish meeting, and may be enforced as fully and effectually as if, 
 instead of the authority, the council or parish meeting had been a 
 party thereto. 
 
 (9.) The disqualification of any persons who are, at the time of 
 the passing of this Act, members of any council, and who will 
 become disqualified for office in consequence of this Act, shall 
 not, if the council so resolve, take effect until a day fixed by the 
 resolution, not being later than the next ordinary day of retire- 
 ment of councillors in the case of a county council, the next 
 ordinary day of election of councillors in the case of the council 
 of a borough, and the fifteenth day of April in the year nineteen 
 hundred and four in the case of an urban district council. 
 
 As to persons who by reason of holding an office or place of profit 
 or having a share or interest in a contract or employment are dis- 
 qualified for being members of the council and consequently, with 
 certain exceptions, are disqualified for being members of the education 
 committee appointed by the council, see sec. 17 (4) and notes thereon. 
 It will be observed that a formal resolution must be passed if it is 
 desired by the council that the disqualification in the case of any 
 person to whom the provision applies should be temporarily removed, 
 and that the day to which the saving shall continue to have effect
 
 2 EDW. 7, C. 42, SCH. II. 179 
 
 must be fixed by the resolution, such day not being later than that 
 applicable to the case under this rule. 
 
 (10.) No election of members of a school board shall be held 
 after the passing of this Act, and the term of office of members of 
 any school board holding office at the passing of this Act, or 
 appointed to fill casual vacancies after that date, shall continue to 
 the appointed day, and the Board of Education may make orders 
 with respect to any matter which it appears to them necessary or 
 expedient to deal with for the purpose of carrying this provision 
 into effect, and any order so made shall operate as if enacted in 
 this Act. 
 
 The Board of Education, in a circular letter dated the 2nd January, 
 1903, state that " no further triennial elections of school boards are to 
 be held, and the term of office of existing members of school boards, 
 or of members hereafter appointed to fill casual vacancies, will con- 
 tinue until the day appointed for the Act to come into operation." 
 (As to the " appointed day," see sec. 27.) " Casual vacancies should 
 continue to be filled in the manner directed by the Third Schedule to 
 the Elementary Education Act, 1876" (39 & 40 Viet., c. 79), "and 
 all such changes should be notified to the Board of Education as 
 heretofore." 
 
 (u.) Where required for the purpose of bringing the accounts 
 of a school to a close before the end of the financial year of the 
 school, or for the purpose of meeting any change consequent on 
 this Act, the Board of Education may calculate any parliamentary 
 grant in respect of any month or other period less than a year, 
 and may pay any parliamentary grant which has accrued before 
 the appointed day at such times and in such manner as they 
 think fit. 
 
 See notes on Rule 12. 
 
 (12.) Any parliamentary grant payable to a public elementary 
 school not provided by a school board in respect of a period 
 before the appointed day shall be paid to the persons who were 
 managers of the school immediately before that day, and shall 
 be applied by them in payment of the outstanding liabilities on 
 account of the school, and so far as not required for that purpose 
 shall be paid to the persons who are managers of the school for 
 the purposes of this Act and shall be applied by them for the 
 purposes for which provision is to be made under this Act by 
 those managers, or for the benefit of any general fund applicable 
 for those purposes ; Provided that the Board of Education may, if 
 they think fit, pay any share of the aid grant under the Voluntary 
 Schools Act, 1897, allotted to an association of voluntary schools, 
 to the governing body of that association, if such governing body 
 satisfy the Board of Education that proper arrangements have 
 been made for the application of any sum so paid.
 
 I SO EDUCATION ACT, I9O2. 
 
 As to schools which are to be treated as provided by the local 
 education authority, see Rule 13 and notes thereon. 
 
 The "appointed day" is that referred to in sec. 27. 
 
 With regard to the purposes for which provision is to be made under 
 the Act by managers of a public elementary school not provided by 
 the local education authority, see sec. 7 (i) (</) and (2). 
 
 The parliamentary grants referred to in tjjris rule include the grants 
 under the Voluntary Schools Act, 1897, the grants under that Act being 
 payable up to the " appointed day." 
 
 The parliamentary grants payable in respect of a period before the 
 " appointed day " will be paid to the managers, or if the Board of 
 Education think fit in the case of the aid grant under the Voluntary 
 Schools Act, 1897, to the governing body of the Association of Volun- 
 tary Schools under that Act. The grants received must be applied 
 by them in accordance with the requirement of this rule. 
 
 The managers of schools not provided by the local education 
 authority will be allowed to appropriate the credit balances they may 
 have in hand on the " appointed day," and which are not required for 
 meeting liabilities, to the purposes for which the managers have under 
 the Act to make provision. 
 
 With regard to the arrangements which the Board of Education 
 have made for the payment of grants, see note to sec. 18. 
 
 See also the letter (in Appendix, p. 688) which the Board of Educa- 
 tion have addressed to the governing bodies of associations of voluntary 
 schools. The Board suggest that these governing bodies can best 
 render assistance to the managers of schools not provided by the local 
 education authority by undertaking the administration of a common 
 fund, of which the sums received from the aid grant in respect of a 
 period before the "appointed day "would form the nucleus, and in 
 which managers could invest or deposit any further sums which may 
 from time to time come into their possession. By these means a 
 mutual insurance fund would be created, upon which the managers 
 of individual schools could depend for assistance towards the expense 
 of such repairs and alterations as they may be called upon from time 
 to time to carry out. 
 
 (13.) Any school which has been provided by a school board 
 or is deemed to have been so provided shall be treated for the 
 purposes of the Elementary Education Acts, 1870 to 1900, and 
 this Act, as a school which has been provided by the local 
 education authority, or which is deemed to have been so 
 provided, as the case may be. 
 
 Schools which have been provided by a school board, as well as 
 schools which may be provided by the local education authority, are 
 to be treated for the purposes of the Elementary Education Acts and 
 this Act as schools which have been provided by the local education 
 authority. 
 
 Schools which have been transferred to school boards by the 
 managers under sec. 23 of the 33 & 34 Viet., c. 75, post, were, to such 
 extent and during such time as the school board had, under the terms 
 of an arrangement under that section, any control over the schools, to 
 be deemed to be schools provided by the school board. 
 
 Under sec. 13 of the Elementary Education Act, 1873 (36 & 37 
 Viet., c. 86, post}, it was provided that every school connected with an
 
 2 EDW. 7, C. 42, SCH. II. i8l 
 
 endowment, charity, or trust, of which the school board were con- 
 stituted trustees, should be deemed to be a school provided by the 
 school board. 
 
 Schools which have been so transferred by managers or which have 
 been connected with an endowment, charity, or trust, of which the 
 school board were trustees, are also to be deemed to be schools pro- 
 vided by the local education authority. 
 
 (14.) The local education authority shall be entitled to use for 
 the purposes of the school any school furniture and apparatus 
 belonging to the trustees or managers of any public elementary 
 school not provided by a school board, and in use for the purposes 
 of the school before the appointed day. 
 
 With regard to the "appointed day," see sec. 27, and for definition 
 of public elementary school, see note on sec. 6. As to schools to be 
 treated as provided by the local education authority, see Rule 13 in 
 this schedule. 
 
 See also the provision in sec. 7 (2) as to the use by the managers of 
 the school furniture out of school hours. 
 
 (15.) During the period between the passing of this Act and 
 the appointed day, the managers of any public elementary school, 
 whether provided by a school board or not, and any school 
 attendance committee, shall furnish to the council, which will on 
 the appointed day become the local education authority, such 
 information as that council may reasonably require. 
 
 It is obviously necessary that an authority which on the " appointed 
 day" will become the local education authority should be furnished by 
 the managers of public elementary schools with such information as 
 may be reasonably required, in order that they may be in a position to 
 consider the arrangements which should be made to take effect from 
 and after the " appointed day." The school board are the managers 
 of a school provided by them. 
 
 (16.) The officers of any authority whose property, rights, and 
 liabilities are transferred under this Act to any council shall be 
 transferred to and become the officers of that council, but that 
 council may abolish the office of any such officer whose office they 
 deem unnecessary. 
 
 The officers of school boards and of school attendance committees, 
 whether the committees were appointed by the councils of boroughs, 
 or of urban districts other than boroughs, or by boards of guardians 
 come within the provisions of this rule. The officers of school 
 authorities under the Elementary Education (Blind and Deaf Children) 
 Act, 1893, post, and the Elementary Education (Defective and 
 Epileptic Children) Act, 1899, post, when the property rights and 
 liabilities of these authorities are transferred under Rule 7 to the 
 county council also come within the rule. When the council of a 
 non-county borough or of an urban district have appointed officers 
 for the purposes of the Technical Instruction Acts, and the council 
 under sec. 20 (b) of this Act relinquish in favour of the county council
 
 1 82 EDUCATION ACT, 1902. 
 
 their powers of supplying or aiding the supply of education other than 
 elementary, the officers so appointed would appear to come within 
 the rule, as in that case also the property rights and liabilities of the 
 council are under Rule 2 transferred to the county council. 
 
 The county governing bodies under the Welsh Intermediate Educa- 
 tion Act, 1889, will cease to exist, and their powers, duties, property, 
 and liabilities are to be transferred to the local education authorities. 
 See sec. 17 (8). 
 
 Voluntary schools are not transferred to the local education 
 authority, and as the officers of these schools are not officers of an 
 authority whose property, rights, and liabilities are transferred under 
 the Act to any council, they are not within the terms of the rule. The 
 Act does not invalidate any existing contracts between teachers in 
 voluntary schools and the managers of those schools. 
 
 With regard to the term " officers," Legge and others v. the Vestry 
 of the Parish of Stoke Newington (Times, 28th May, 1895) may be 
 referred to. In that case the question arose as to the claim to com- 
 pensation of certain persons under the 56 & 57 Viet., c. 55 (Metropolis 
 Management (Plumstead and Hackney) Act, 1893), which, by sec. u, 
 provided that every " officer " who, in consequence of that Act, suf- 
 fered any pecuniary loss by abolition of office, or by diminution or loss 
 of salary or emoluments, should be entitled to have pecuniary compen- 
 sation for such pecuniary loss paid to him. In that case it was held 
 by Mr. Justice Day that the intention of the Act was that the perma- 
 nent servants of the vestry who would be pecuniarily affected by the 
 Act to their detriment should be compensated, and that the plaintiffs, 
 who included the sanitary inspectors, the clerk to the sanitary com- 
 mittee, the hall porter, a messenger, and an office boy, all came 
 within the section. 
 
 See also R. v. Local Government Board (L. R. 9 Q. B. 148 ; 43 
 L. J. Q. B. 49 ; 29 L. T., N. s., 769 ; 22 W. R. 315 ; 38 J. P. 165), 
 which had reference to a solicitor appointed at an annual salary by 
 trustees having the management of the relief of the poor. It was held 
 that the word " office," in its strict legal meaning, would not include 
 such an office as this ; but to give the word its strict legal sense would 
 be to render the Act nugatory, and that the words of the Act must be 
 construed with reference to the subject-matter and the context. 
 
 It would appear from the case of Foley v. The Mayor, Aldermen, 
 &*c., of the Borough of Battersea (Times, March 13, 1902), that the 
 office of an officer may be abolished, although arrangements to secure 
 the results which were obtained by the services of the officer may 
 still be necessary, the arrangements proposed being of a different 
 character. In that case the plaintiff, who had been a collector of rates, 
 brought an action to recover 75/. as arrears of salary. It appeared 
 that the plaintiff was in office as collector of rates on the ist of 
 November, 1900, the appointed day under the London Government 
 Act, 1899, and continued to hold that office until March, 1901, when 
 the council of the borough gave him notice that his office as collector 
 of rates had been abolished by them. For the plaintiff it was con- 
 tended that his office was not abolished, as the council immediately 
 afterwards appointed other persons to collect the rates. For the 
 borough council it was stated that when the powers of the overseers 
 were, under the London Government Act, vested in the council of 
 the borough, they considered what arrangements should be made 
 with regaid to the rate-collection. At that time there were six rate- 
 collectors, who were receiving large salaries, and also eleven clerks
 
 2 EDW. 7, C. 42, SCH. II. 183 
 
 to keep the books, the cost amounting to 28oo/. a year. A new 
 scheme was arranged, under which there were eleven clerks, who 
 delivered demand notes and received the rates in the office, this 
 change resulting in a saving of nearly I5oo/. a year. It was in con- 
 sequence of this proposed new arrangement that the office of the 
 plaintiff was abolished. His office had been abolished, and therefore 
 he was not entitled to salary. Judgment was given for the defendants. 
 Wright, J., said that it was clear that, under the London Government 
 Act, there was the discretion given to the council of a borough to 
 abolish an office, so long as they acted bond fide and deemed the 
 office unnecessary. It was not suggested that the council had acted 
 in this matter maid fide. The council were no doubt right in thinking 
 that the change which was made was expedient, as it was a substantial 
 economy, and, under the circumstances, he thought that the council 
 might consider that the old officers were unnecessary and might 
 appoint other servants to do similar duties under the control of the 
 town clerk, and therefore abolish the offices of the persons who had 
 previously been acting as collectors. The action failed, but the 
 plaintiff was entitled to compensation for loss of office. 
 
 When the office of an officer is abolished, and he is entitled by 
 reason of that abolition to compensation for loss of office, he cannot 
 recover damages for the determination of his appointment without 
 the notice required by the terms of his contract. See Clarke v. Mayor, 
 &*c., of the Borough of Lewisham (19 Times Law Rep. 62). In that case 
 it appeared that the plaintiff, who had held the office of Secretary of 
 the Lewisham District Board of Works, was entitled under the terms 
 of his contract with them to three months' notice to determine his 
 employment. The powers of the district board were by the London 
 Government Act, 1899, transferred to the council of the borough of 
 Lewisham. The plaintiff was transferred to the council, and they, 
 acting under the powers conferred on them by the Act, abolished his 
 office, giving him one week's notice, and this action was brought by 
 him for wrongful dismissal. After the abolition of the office of the 
 plaintiff he was awarded an annuity as compensation for loss of 
 office. For the defendants objection was taken that the action was 
 out of time by operation of sec. I (a) of the Public Authorities Protec- 
 tion Act, 1893, as it was not brought within six months from the act 
 complained of, but the objection was overruled on the ground that 
 the enactment did not apply to actions for damages for breach of 
 contract. Mr. Justice Bigham said that under sec. 30 of the Act the 
 defendants had power to abolish any office which they deemed un- 
 necessary, but an officer whose office was abolished was entitled to 
 compensation under sec. 120 of the Local Government Act, 1888, 
 which was incorporated by reference into sec. 30 of the London 
 Government Act in respect of any direct pecuniary loss resulting from 
 the abolition. By sec. 30 of that Act a statutory alteration was made 
 in the contract with the plaintiff which enabled the defendants to put 
 an end to the contract at once, the compensation being supposed to 
 be amply sufficient. The plaintiff had received, or ought to have 
 received, compensation for the very loss claimed in the action. Judg- 
 ment was accordingly given for the defendants. 
 
 As to the provisions which apply to a transferred officer, see Rule 
 17 ; and as to the compensation payable when the office of the officer 
 is abolished, see Rules 17, 18, and 21. 
 
 (17.) Every officer so transferred shall hold his office by the
 
 184 EDUCATION ACT, 1902. 
 
 same tenure and on the same terms and conditions as before the 
 transfer, and while performing the same duties shall receive not 
 less salary or remuneration than theretofore, but if any such officer 
 is required to perform duties which are not analogous to or which 
 are an unreasonable addition to those which he is required to 
 perform at the date of the transfer, he may relinquish his office, 
 and any officer who so relinquishes his office, or whose office is 
 abolished, shall be entitled to compensation under this Act. 
 
 An officer who is transferred to the local education authority from 
 another authority will hold his office by the same tenure and on the same 
 terms and conditions as those on which he held the office from which 
 he is transferred, and whilst performing the same duties is to receive 
 not less salary or remuneration than he previously received. If the 
 officer relinquishes his office of his own free will while being called 
 upon to perform the same or analogous duties he will have no claim 
 to compensation, but must give whatever notice was necessary to 
 determine the appointment as if no transfer had taken place. But if 
 he is called upon to perform duties which are not analogous to or are 
 an unreasonable addition to those which he is required to perform at 
 the date of the transfer, he may relinquish his office, in which case he 
 will be entitled to compensation. 
 
 As regards cases where it has been the practice from time to time to 
 re-appoint an officer, see Q. v. Mayor, &>c., of Norwich (8 A. and E. 633). 
 In that case the steward of a borough removed from office under the 
 5 & 6jWm. 4, c. 76, demanded compensation under sec. 66 of that 
 Act as for an office held for life. The town council, however, de- 
 clared that the office was only annual. The Lords of the Treasury 
 on appeal after hearing the parties awarded compensation on the 
 principle that the office was held for life. On motion for a mandamus 
 to the corporation to execute a compensation bond there were affidavits 
 that at certain meetings of the corporation held annually on the 3rd 
 of May the steward was elected, and was considered to be appointed 
 until the next 3rd of May. Entries in the corporation book were also 
 referred to showing appointments made for a year, and it appeared 
 that from the time of Queen Anne re-appointments of the steward 
 from year to year had been made. It was admitted by the town 
 council that whatever might have been the legal right of the corpora- 
 tion it was not exercised, and no instance was attempted to be shown 
 of the steward having been removed from office or ceasing to hold it 
 except with his own consent. The rule for a mandamus was made 
 absolute, Lord Denman, C.J., saying that the judgment of the Lords 
 Commissioners of the Treasury was the same in effect as if they had 
 said, " We do not find that there is a legal tenure of office for life, but 
 there is an interest equivalent to that," and they grant compensation 
 accordingly. I am of opinion that their decision was right. 
 
 As to the provisions which apply to compensation when the office 
 of an officer is abolished or it is relinquished by him on the ground 
 that he is required to perform duties which are not analogous to or 
 which are an unreasonable addition to those which he was required 
 to perform at the date of transfer, see Rules 18 and 21. 
 
 (18.) A council may, if they think fit, take into account con- 
 tinuous service under any school boards or school attendance
 
 2 EDW. 7, C. 42, SCH. II. 185 
 
 committees in order to calculate the total period of service of any 
 officer entitled to compensation under this Act. 
 
 Under this rule it is within the discretion of the local education 
 authority whether they will or will not take into account in calculating 
 the total period of service of an officer for the purpose of determining 
 the amount of his compensation under sec. 17 continuous service 
 under school boards or school attendance committees when he has 
 held office under more than one authority. 
 
 (19.) If an officer of any authority to which the Poor Law 
 Officers' Superannuation Act, 1896, applies is under this Act 
 transferred to any council, and has made the annual contributions 
 required to be made under that Act, the provisions of that Act 
 shall apply, subject to such modifications as the Local Govern- 
 ment Board may by order direct for the purpose of making that 
 Act applicable to the case. 
 
 This rule is to meet the case of an officer who held at the time of 
 transfer an office to which the Poor Law Officers' Superannuation 
 Act, 1896, applied, and who is transferred to an office which is not 
 within the terms of that Act. The provisions of the Poor Law 
 Officers' Superannuation Act, subject to such modifications as the 
 Local Government Board may by order direct, are to continue 
 applicable to the officer notwithstanding the transfer. 
 
 (20.) Any local education authority who have established any 
 pension scheme, or scheme for the superannuation of their 
 officers, may admit to the benefits of that scheme any officers 
 transferred under this Act on such terms and conditions as they 
 think fit. 
 
 In the case of the following boroughs and urban districts pension 
 schemes or schemes for the superannuation of officers have been 
 authorized by local Acts : Barrow-in-Furness, Birmingham, Bolton, 
 Bootle, Burton-on-Trent, Cardiff, Coventry, Croydon, East Ham, 
 Halifax, Hastings, Leicester, Liverpool, Manchester, Margate, St. 
 Helen's, Smethwick, Southport, South Shields, Wallasey, Warrington, 
 West Bromwich, and Wigan. 
 
 The provision in this rule will meet, for instance, the case of an 
 officer of the school board of a county borough who is transferred to 
 the council of the borough as a local education authority, when a 
 pension scheme or scheme for the superannuation of the officers 
 of the council has been established. 
 
 The London School Board are the only school board which estab- 
 lished a pension scheme for their officers. See provisions in Act of 
 the session of 1902 obtained by the school board (2 Edw. 7, c. xxxvi.). 
 
 (21.) Section one hundred and twenty of the Local Govern- 
 ment Act, 1888, which relates to compensation to existing officers, 
 shall apply a-; respects officers transferred under this Act,and also 
 (with the necessary modifications) to any other officers who, by 
 virtue of this Act or anything done in pursuance or in consequence
 
 1 86 EDUCATION ACT, 1902. 
 
 of this Act, suffer direct pecuniary loss by abolition of office or by 
 diminution or loss of fees or salary, in like manner as it applies 
 to officers transferred under this Act, subject as follows : 
 
 (a) Any reference in that section to the county council shall 
 
 include a reference to a borough or urban district 
 council ; and 
 
 (b) References in that section to " the passing of this Act " shall 
 
 be construed, as respects a case of relinquishment of 
 powers and duties, as references to the date on which 
 the relinquishment takes effect ; and 
 
 (c) Any reference to powers transferred shall be construed as a 
 
 reference to property transferred ; and 
 
 (d) Any expenses shall be paid out of the fund or rate out of 
 
 which the expenses of a council under this Act are paid, 
 and, if any compensation is payable otherwise than by 
 way of an annual sum, the payment of that compensation 
 shall be a purpose for which a council may borrow for 
 the purposes of this Act. 
 
 This rule, it will be observed, refers not only to officers transferred 
 under the Act, but also to any other officers who by virtue of the Act 
 or anything done in pursuance or in consequence of the Act suffer 
 direct pecuniary loss by abolition of office or by diminution or loss 
 of fees or salary. 
 
 It is the duty of the local education authority in fixing the compen- 
 sation to have regard " to the conditions on which the appointment of 
 the officer was made, to the nature of his office or employment, to the 
 duration of his service, to any additional emoluments which he 
 acquires by virtue of the Act, or of anything done in pursuance of or 
 in consequence of the Act, and to the emoluments which he might 
 have acquired if he had not refused to accept any office offered by any 
 council or other body acting under the Act, and to all the other 
 circumstances of the case." There is also the additional condition 
 that the amount " shall not exceed the amount which, under the Acts 
 and rules relating to Her Majesty's Civil Service, is paid to a person on 
 abolition of office." 
 
 Rex v. Mayor, &c., of Stepney (1902), i K. B. 317 ; L. J. 71 K. 
 B. 238 ; 64 L. T. 21, came before the High Court (Lord Alver- 
 stone, L.C.J., and Darling and Channell, JJ.) on a rule nisi to 
 show cause why a mandamus should not issue directed to the 
 Mayor, &c., of the Metropolitan Borough of Stepney, ordering them 
 to assess the compensation due to the applicant owing to the aboli- 
 tion of his office under the London Government Act, 1899. The 
 applicant was a solicitor who since 1872 had filled the office of Clerk 
 to the vestry of Mile End. By the London Government Act, 1899, 
 the powers of the vestry were transferred to the corporation of Stepney, 
 and his office was abolished by the corporation under the powers con- 
 ferred on them by that Act. The applicant whilst holding the office 
 referred to had also carried on his private practice as a solicitor. He 
 made his claim for compensation for loss of office, and it was referred 
 to the finance committee of the corporation. The finance committee 
 made inquiries at the Treasury as to their practice in the assessment
 
 2 EDW. 7, C. 42, SCH. II. IS/ 
 
 of such compensations. In reply to their inquiries the Treasury stated 
 that the practice under the Local Government Acts. 1888 and 1894, 
 was to calculate the compensation of an officer, the whole of whose 
 time had not been devoted to his office as though his whole time had 
 been so devoted, but to deduct one quarter of the amount thus arrived 
 at. The result of these inquiries was reported by the finance committee, 
 and they also reported that they were advised that the corporation 
 were bound by the practice of the Treasury. The report of the finance 
 committee was adopted by the corporation, and the compensation was 
 assessed according to the Treasury practice. The applicant contended 
 that the corporation were not so bound, and that if they acted simply 
 on such practice they would not be inquiring into all the circumstances 
 as they were bound to do in fulfilment of the statutory duty imposed 
 on them by the Local Government Act, 1888. It was admitted that 
 there were no Acts or statutory rules which affected the matter. The 
 rule was made absolute. The Lord Chief Justice said On the materials 
 before us it is clear that the local authority have not acted in accord- 
 ance with any statutory rule, but inquired as to the practice which is 
 applied by the Treasury. The practice which appears to be applied 
 I have no doubt properly applied in most cases, is that there is a 
 deduction of 25 per cent. If there were any evidence before us that 
 the borough council had themselves thought that 25 per cent, was the 
 right deduction, or had exercised a discretion in the matter, I should 
 not be a party to making the rule absolute ; but in this case, as they 
 have acted upon something which I do not think is binding upon them, 
 and they have not really exercised their discretion, I think that they 
 ought to be ordered to entertain the case, having regard to the circum- 
 stances, before any question of the alternative remedy by appeal to the 
 Treasury arises. 
 
 With regard to the question as to what may be regarded as emolu- 
 ments the cases of J?. v. The Mayor, Aldermen, S^c.,of the Borough of 
 Bridge-water (6 A. and E. 339) ; R. v. The Local Government Board 
 (L. R. 6 Q. B. 785 ; 41 L. J. M. C. 16 ; 25 L. T. 304) ; and R. v. Post- 
 masterrGeneral (L. R. 3 Q. B. D. 428 ; 47 L. J. Q. B. 435 ; 38 L. T. 
 89 ; 26 W. R. 322), may be referred to. 
 
 In the case of R. v. Mayor, Aldermen, &c., of the Borough of 
 Bridge-water it appeared that before and until the passing of the 5 & 6 
 Will. 4, c. 76, T. was the common clerk, prothonotary, and clerk 
 of the peace, of the Borough of Bridgewater, during good behaviour, 
 and he acted as clerk to the justices of the borough, as by usage the 
 common clerk had always done, either, as T. alleged, incidentally to 
 the office of common clerk, or, as was alleged in answer, by appoint- 
 ment of the justices. It was held by the Court (Lord Denman, C.J., 
 and Williams and Coleridge, JJ.) that the remuneration received by 
 him as clerk to the justices should be considered in fixing the com- 
 pensation, the common clerk having lost perquisites and emoluments 
 which were previonsly attached to his office. 
 
 In R. v. The Local Government Board, the clerk to the guardians 
 of a union, who was also a solicitor, was, by the dissolution of the 
 union, deprived of his office of clerk. The 30 & 31 Viet, c. 106, sec. 
 20, enacted that, " when any union shall be dissolved, if any person 
 shall by means of such dissolution be deprived of any office or employ- 
 ment, the Poor Law Board may, according to their judgment, award 
 a compensation to be paid to such person." Compensation was 
 awarded to the clerk accordingly. One of the items taken into
 
 1 88 EDUCATION ACT, 1902. 
 
 consideration in fixing the amount of the compensation was as follows : 
 " Professional charges connected with the proceedings against the 
 Metropolitan Railway Company for recovering compensation for pro- 
 perty belonging to the guardians and not covered by the salary, i69/." 
 A rule was obtained on behalf of the guardians of the City of London 
 Union, to show cause why a writ of certiorari should not issue to 
 remove into the Court the order by which this compensation was 
 fixed. It was argued that, supposing the clerk had been entitled to 
 charge for the services in question, they were in no way incident to 
 his office of clerk. He need not have been employed for this legal 
 business, though he held the office of clerk, and he might have been 
 employed though he had never held that office. The Court (Black- 
 burn and Montagu Smith, JJ.) held that the rule must be discharged. 
 Blackburn, J. : " The question arises whether the Poor Law Board, in 
 assessing compensation, were tied down to those things which were 
 strictly legally attached to the office, or whether they might say that 
 the office was worth so much more because of the goodwill annexed 
 to it. The guardians might have taken away this employment, but 
 might not the Poor Law Board look to the probability of its continu- 
 ance ? By analogy to the compensation under the Lands Clauses 
 Acts, I think the goodwill of the office of clerk to the guardians might 
 be taken into account." Mellor, J. : " This business relating to the 
 compensation to the guardians was not part of the ordinary business 
 of their clerk, but was independent of, though arising out of, his office 
 as clerk. In the assessment of the damages he had suffered by the 
 loss of his office in respect of which he was to be compensated, I 
 think the Board were right in taking that matter into their considera- 
 tion, as being kindred to the office. It was, I think, within the pur- 
 view of the statute, as being business incident, not to his office as 
 attorney, but as attorney and clerk to the guardians." 
 
 In R. v. The Postmaster-General, an officer of a telegraph company 
 whose undertaking was transferred to the Postmaster-General, was 
 entitled, if the appointment was determined, to an annuity by way of 
 compensation for loss of office equal to a certain proportion of the 
 annual emoluments derived by him from his office. It was part of the 
 duty of the officer, when required, to travel on the company's business. 
 When he so travelled, his ordinary salary ran on, but his additional 
 expenses were paid by the company, who agreed that he should receive 
 certain fixed weekly sums in lieu of making him bring in an account 
 of his expenditure and then repaying it. It was claimed by the officer 
 that the amount saved by him out of the sums so paid for travelling 
 expenses was to be taken into consideration in calculating the annual 
 emolument derived by him from his office. The Court held, affirming 
 the decision of the Queen's Bench Division, that the sums so saved 
 should be taken into consideration in fixing the amount of the com- 
 pensation. Bramwell, L.J., said. " The question is, What was the 
 annual emolument of the officer ? A portion of it was what he could 
 save out of the allowance made to him during the time of his absence 
 from home. The Legislature could not have used a word more 
 comprehensive, and the reasonable construction of the statute requires 
 that it should be extended to a case like the present. What was the 
 office worth to the officer? It was worth so much in salary and so 
 much in profit made out of allowances, made not surreptitiously or 
 wrongly." 
 
 Sec. 1 20 of the Local Government Act, 1888, the provisions of which
 
 2 EDW. 7, C. 42. SCH. II. 189 
 
 with the adaptations referred to in the rule are made applicable to 
 compensation in the cases mentioned is as follows : 
 
 120. (i.) Every existing officer declared by this Act to be entitled 
 to compensation, and every other existing officer, whether before 
 mentioned in this Act or not, who by virtue of this Act, or anything 
 done in pursuance of or in consequence of this Act, suffers any direct 
 pecuniary loss by abolition of office or by diminution or loss of fees or 
 salary, shall be entitled to have compensation paid to him for such 
 pecuniary loss by the county council, to whom the powers of the 
 authority, whose officer he was, are transferred under this Act, regard 
 being had to the conditions on which his appointment was made, to 
 the nature of his office or employment, to the duration of his service, 
 to any additional emoluments which he acquires by virtue of this Act 
 or of anything done in pursuance of or in consequence of this Act, and 
 to the emoluments which he might have acquired if he had not refused 
 to accept any office offered by any council or other body acting under 
 this Act, and to all the other circumstances of the case, and the com- 
 pensation shall not exceed the amount which, under the Acts and rules 
 relating to Her Majesty's Civil Service, is paid to a person on abolition 
 of office. 
 
 (2.) Every person who is entitled to compensation, as above men- 
 tioned, shall deliver to the county council a claim under his hand 
 setting forth the whole amount received and expended by him or his 
 predecessors in office, in every year during the period of five years 
 next before the passing of this Act, on account of the emoluments for 
 which he claims compensation, distinguishing the offices in respect of 
 which the same have been received, and accompanied by a statutory 
 declaration under the Statutory Declaration Act, 1835, that the same 
 is a true statement according to the best of his knowledge, information, 
 and belief. 
 
 (3.) Such statement shall be submitted to the county council, who 
 shall forthwith take the same into consideration, and assess the just 
 amount of compensation (if any), and shall forthwith inform the 
 claimant of their decision. 
 
 (4.) If a claimant is aggrieved by the refusal of the county council 
 to grant any compensation, or by the amount of compensation assessed, 
 or if not less than one-third of the members of such council subscribe 
 a protest against the amount of the compensation as being excessive, 
 the claimant or any subscriber to such protest (as the case may be) 
 may, within three months after the decision of the council, appeal to 
 the Treasury, who shall consider the case and determine whether any 
 compensation, and if so, what amount ought to be granted to the 
 claimant, and such determination shall be final. 
 
 (5.) Any claimant under this section, if so required by any member 
 of the county council, shall attend at a meeting of the council and 
 answer upon oath, which any justice present may administer, all 
 questions asked by any member of the council touching the matters 
 set forth in his claim, and shall further produce all books, papers, and 
 documents in his possession or under his control relating to such 
 claim. 
 
 (6.) The sum payable as compensation to any person in pursuance 
 of this section shall commence to be payable at the date fixed by the 
 council on granting the compensation, or, in case of appeal, by the 
 Treasury, and shall be a specialty debt due to him from the county 
 council, and may be enforced accordingly in like manner as if the 
 council had entered into a bond to pay the same.
 
 EDUCATION ACT, 1902. 
 
 (7.) If a person receiving compensation in pursuance of this section 
 is appointed to any office under the same or any other county council, 
 or by virtue of this Act, or anything done in pursuance of or in conse- 
 quence of this Act, receives any increase of emoluments of the office 
 held by him, he shall not, while receiving the emoluments of that 
 office, receive any greater amount of his compensation, if any, than, 
 with the emoluments of the said office, is equal to the emoluments 
 for which compensation was granted to him, and if the emoluments 
 of the office he holds are equal to or greater than the emoluments for 
 which compensation was granted, his compensation shall be suspended 
 while he holds such office. 
 
 (8.) All expenses incurred by a county council in pursuance of this 
 section shall be paid out of the county fund, as a payment for general 
 county purposes. 
 
 As to the fund or rate out of which the expenses of a council under 
 this Act are to be paid, see sec. 18. 
 
 The Rules of the Treasury as to compensation to civil servants on 
 abolition of office are as follows : 
 
 The award of compensation allowances to established civil servants 
 on the abolition of their offices is regulated by sec. 7 of the Super- 
 annuation Act of 1859, which provides that : 
 
 "It shall be lawful for the Commissioners of the Treasury to grant 
 to any person retiring or removed from the public service in con- 
 sequence of the abolition of his office, or for the purpose of facilitating 
 improvements in the organization of the department to which he 
 belongs, by which greater efficiency and economy can be effected, 
 such special annual allowance by way of compensation as, on a full 
 consideration of the circumstances of the case, may seem to the said 
 commissioners to be a reasonable and just compensation for the loss 
 of office ; and if the compensation shall exceed the amount to which 
 such person would have been entitled under the Scale of Super- 
 annuation provided by this Act, if ten years were added to the number 
 of years which he may have actually served, such allowance shall be 
 granted by special minute, stating the special grounds for granting 
 such allowance, which minute shall be laid before Parliament, and 
 no such allowance shall exceed two-thirds of the salary and emolu- 
 ments of the office." 
 
 In calculating allowances under this section, it is the practice of 
 the Treasury to award as many sixtieths of the officer's emoluments 
 as he has served complete years, with a special addition, on account 
 of abolition of office, not exceeding the following scale, viz. : 
 
 Actual Service. Addition. 
 
 20 years or upwards %% 
 
 15 and less than 20 6 7 ff ' 
 
 10 and less than 15 ... ... g^ 
 
 5 and less than 10 ^ 
 
 Under 5 fa 
 
 When the duties of the situation have not been such as to require 
 that the holder should give his whole time to the public service, such 
 deduction is made from the amount of compensation allowance for 
 which he would otherwise be qualified as the Treasury may consider 
 reasonable. As a rule, the deduction is one-fourth of the whole. 
 
 It must be observed that all awards under the section are at the
 
 2 EDW. 7, C. 42, SCH. II. 191 
 
 absolute discretion of the Treasury, and are subject to modification 
 if the Board consider that the circumstances of the particular case 
 require it. 
 
 (22.) Section sixty-eight of the Local Government Act, 1894 
 (which relates to the adjustment of property and liabilities), shall 
 apply with respect to any adjustment required for the purposes of 
 this Act. 
 
 Sec. 68 of the Local Government Act, 1894, provides as follows : 
 
 68 (i.) Where any adjustment is required for the purpose of this 
 Act, or of any order, or thing made or done under this Act, then, if 
 the adjustment is not otherwise made, the authorities interested may 
 make agreements for the purpose, and may thereby adjust any pro- 
 perty, income, debts, liabilities, and expenses, so far as affected by this 
 Act, or such scheme, order, or thing, of the parties of the agreement. 
 
 (2.) The agreement may provide for the transfer or retention of any 
 property, debts, or liabilities, with or without any conditions, and for 
 the joint use of any property, and for payment by either party to the 
 agreement in respect of property, debts, and liabilities so transferred 
 or retained, or of such joint user, and in respect of the salary or 
 remuneration of any officer or person, and that either by way of an 
 annual payment or, except in the case of a salary or remuneration, by 
 way of a capital sum, or of a terminable annuity for a period not 
 exceeding that allowed by the Local Government Board : Provided 
 that where any of the authorities interested is a board of guardians, 
 any such agreement, so far as it relates to the joint use of any property, 
 shall be subject to the approval of the Local Government Board. 
 
 (3.) In default of an agreement, and as far as any such agreement 
 does not extend, such adjustment shall be referred to arbitration in 
 accordance with the Arbitration Act, 1889, and the arbitrator shall 
 have power to disallow as costs in the arbitration the costs of any 
 witness whom he considers to have been called unnecessarily, and 
 any other costs which he considers to have been incurred unnecessarily, 
 and his award may provide for any matter ior which an agreement 
 might have provided. 
 
 (4.) Any sum required to be paid by any authority for the purpose 
 of adjustment may be paid as part of the general expenses of exercising 
 their duties under this Act, or out of such special fund as the authority, 
 with the approval of the Local Government Board, direct, and if it is 
 a capital sum the payment thereof shall be a purpose for which the 
 authority may borrow under the Acts relating to such authority, on 
 the security of all or any of the funds, rates, and revenues of the 
 authority, and any such sum may be borrowed without the consent 
 of any authority, so that it be repaid within such period as the Local 
 Government Board may sanction. 
 
 (5.) Any capital sum paid to any authority for the purpose of any 
 adjustment under this Act shall be treated as capital, and applied, 
 with the sanction of the Local Government Board, either in the 
 repayment of debt or for any other purpose for which capital money 
 may be applied. 
 
 In connection with adjustments, the case of The Llanivonno School 
 Board v. The Ystradyfodwg School Board (62 J. P. 644) may be 
 referred to. The case came before the Court on a special case stated
 
 IQ2 EDUCATION ACT, 1902. 
 
 by an arbitrator. It appeared that by an order of the county council 
 of Glamorgan made in June, 1894, and confirmed, with certain modifi- 
 cations, by an order of the Local Government Board dated Novem- 
 ber 21, 1894, a part of the parish of Llamvonno was transferred to the 
 parish of Ystradyfodwg. In that part there were certain schools 
 called the Forth Schools, which up to that time had been vested in 
 the Llanwonno school board, and by virtue of the order referred to 
 became vested in the Ystradyfodwg school board. In 1888 and sub- 
 sequent years additions and alterations had been made in the school 
 premises. The cost of these works was paid out of revenue, with 
 the aid of an increased rate on the whole parish of Llanwonno, before 
 the date of the order of transference. The Llanwonno school board 
 claimed to be paid a proportionate part of the cost of these additions 
 and alterations, and the question for the Court was whether there was 
 anything in this matter for the arbitrator to consider. The Local 
 Government Board order contained the following provisions: 
 Article II. "From and after the day when any part of any existing 
 parish ceases, in pursuance of the order, to be within the district of 
 the school board of such existing parish, the powers, duties, and lia- 
 bilities of such school board in respect of such part of the existing 
 parish shall cease and determine, and all buildings, with their fittings, 
 being the property of such school board and situate within such part 
 of the parish, shall be transferred to and shall vest in the school board 
 of the parish in which such part is included by the order, and all con- 
 tracts, liabilities, and engagements attaching to or incurred by the 
 school board of the existing parish in respect of such buildings, or 
 exclusively in respect of the said part of the existing parish, shall vest 
 in and attach to and be enjoyed and discharged by the school board 
 of the parish to which the said part of the existing parish is trans- 
 ferred." By article 13 of the order it was provided that any question 
 "with regard to the interests" of the school boards in the schools 
 should be dealt with in an adjustment under section 68 of the Local 
 Government Act, 1894. For the Llanwonno school board it was 
 argued that something should be paid to them for their outlay on the 
 school. Clause 1 1 of the order did not provide that the Ystradyfodwg 
 school board should have the school buildings without any payment 
 in respect of them. For the latter school board it was said that the 
 Llanwonno board had not incurred any expense by reason of the 
 transfer, and that as the fact that ten years ago they had spent money 
 on enlarging the school out of their income did not give them any 
 claim, there was nothing on which to arbitrate. The Court (Ridley 
 and Channel!, JJ.), without laying down any principle for the arbitra- 
 tor, held that there was something to be adjusted. An adjustment 
 might have been made by the order, but this was not done, and article 
 13 of the order showed that there was no intention by that order to 
 make an adjustment of the interests.
 
 2 EDW. 7, C. 42, SCH. III. 193 
 
 THIRD SCHEDULE. 
 
 MODIFICATION OF ACTS, &C. 
 
 (i.) References to school boards and school districts shall be 
 construed as references to local education authorities and the 
 areas for which they act, except as respects transactions before 
 the appointed day, and except that in paragraph (2) of section 
 nineteen of the Elementary Education Act, 1876, and in sub- 
 section (i) of section two of the Education Code (1890) Act, 
 1890, references to a school district shall, as respects the area of a 
 local education authority being the council of a county, be con- 
 strued as references to a parish. 
 
 (2.) References to the school fund or local rate shall be con- 
 strued as references to the fund or rate out of which the expenses 
 of the local education authority are payable. 
 
 (3.) In section thirty-eight of the Elementary Education Act, 
 1876, references to members of a school board shall be construed 
 as references to members of the education committee, or of any 
 sub-committee appointed by that committee for school attendance 
 purposes. 
 
 (4.) - The power of making byelaws shall (where the local educa- 
 tion authority is a county council) include a power of making 
 different byelaws for different parts of the area of the authority. 
 
 (5.) The following provision shall have effect in lieu of section 
 five of the Elementary Education Act, 1891 : 
 
 " The duty of a local education authority under the Education 
 Acts, 1870 to 1902, to provide a sufficient amount of public school 
 accommodation shall include the duty to provide a sufficient 
 amount of public school accommodation without payment of fees 
 in every part of their area." 
 
 (6.) The words "in the opinion of the Board of Education" 
 shall be substituted for the words " in their opinion " in the first 
 paragraph of section eighteen of the Elementary Education Act, 
 1870. 
 
 (7.) Section ninety-nine of the Elementary Education Act, 
 1870, shall apply to the fulfilment of any conditions, the per- 
 formance of any duties, and the exercise of any powers under 
 this Act as it applies to the fulfilment of conditions required 
 in pursuance of that Act to be fulfilled in order to obtain a 
 parliamentary grant. 
 
 \ O
 
 IQ4 EDUCATION ACT, IpO2. 
 
 (8.) A reference to the provisions of this Act as to borrowing 
 shall be substituted in section fifteen of the Elementary Education 
 Act, 1876, for the reference to section ten of the Elementary 
 Education Act, 1873, and a reference to the Local Government 
 Board shall be substituted for the second reference in that 
 section to the Education Department, and also for the reference 
 to the Education Department in section five of the Elementary 
 Education (Blind and Deaf Children) Act, 1893. 
 
 (9.) A reference to the provisions of this Act relating to the 
 enforcement of the performance of the local education authority's 
 duties by mandamus shall be substituted in section two of the 
 Elementary Education Act, 1880, for the reference to section 
 twenty-seven of the Elementary Education Act, 1876. 
 
 (10.) The substitutions for school boards, school districts, 
 school fund,, and local rate made by this schedule shall, unless 
 the context otherwise requires, be made in any enactment re- 
 ferring to or applying the Elementary Education Acts, 1870 to 
 1900, or any of them, so far as the reference or application 
 extends. 
 
 (n.) References in any enactment or in any provision of a 
 scheme made under the Charitable Trusts Acts, 1853 to 1894, or 
 the Endowed Schools Acts, 1869 to -1889, or the Elementary 
 Education Acts, 1870 to 1900, to any provisions of the Technical 
 Instruction Acts, 1889 and 1891, or either of those Acts shall, 
 unless the context otherwise requires, be construed as references 
 to the provisions of Part II. of this Act, and the provisions of this 
 Act shall apply with respect to any school, college, or hostel 
 established, and to any obligation incurred, under the Technical 
 Instruction Acts, 1889 and 1891, as if the school, college, or hostel 
 had been established or the obligation incurred under Part II. of 
 this Act. 
 
 (12.) The Local Government Board may, after consultation 
 with the Board of Education, by order make such adaptations in 
 the provisions of any local Act (including any Act to confirm 
 a Provisional Order and any scheme under the Municipal 
 Corporations Act, 1882, as amended by any subsequent Act) 
 as may seem to them to be necessary to make those provisions 
 conform with the provisions of this Act, and may also in like 
 manner, on the application of any council who have power as to 
 education under this Act and have also powers as to education 
 under any local Act, make such modifications in the local Act as 
 will enable the powers under that Act to be exercised as if they 
 were powers under this Act. 
 
 Any order made under this provision shall operate as if enacted 
 in this Act. 
 
 Rules I to 9. The provisions in these rules are noted in connection 
 with the sections to which reference is made. 
 
 Rule n. For provisions of Part II. of the Act, see sees. 2 to 4.
 
 2 EDW. 7, C. 42, SCFT. III. 195 
 
 For definition of " college/' see sec. 24 (4) ; and as to " hostel," see 
 note to sec. 2. 
 
 Rule 12. The adaption and modification of local Acts, as defined 
 by the rule, may be made by the Local Government Board by order, 
 and the order will not require confirmation by Parliament as in the 
 case of a provisional order.
 
 196 
 
 EDUCATION ACT, 1902. 
 
 FOURTH SCHEDULE. 
 
 Enactments Repealed. 
 PART I. 
 
 Session and 
 Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 52 & 53 Viet, 
 c. 76. 
 
 The Technical In- 
 struction Act, 1889. 
 
 The whole Act. 
 
 53 & 54 Viet, 
 c. 60. 
 
 The Local Taxation 
 (Customs and Ex- 
 cise) Act, 1890. 
 
 In section one, sub-sections two 
 and three. 
 
 54&55 Viet, 
 c. 4. 
 
 The Technical In- 
 struction Act, 1891. 
 
 The whole Act. 
 
 PART II. 
 
 Session and 
 Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 33 & 34 Viet, 
 c. 75. 
 
 The Elementary 
 Education Act, 
 1870. 
 
 Section four ; section five except 
 so far as it defines public school 
 accommodation ; section six ; 
 sections eight to thirteen ; sec- 
 tions fifteen and sixteen ; sec- 
 tion eighteen from "If at any 
 " time " to the end of the sec- 
 tion ; in section nineteen the 
 words " whether in obedience 
 " to any requisition or not " ; 
 sections twenty-nine to thirty- 
 four ; in section thirty-five the 
 words " a clerk and a treasurer 
 " and other " and the words 
 from " but no such appoint- 
 " ment " to " member of the
 
 2 EDW. 7, C. 42, SCH. IV. 
 
 197 
 
 Session and 
 Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 36 & 37 Viet, 
 c. 86. 
 
 37 & 38 Viet, 
 c. 90. 
 
 39 & 40 Viet. 
 c. 79. 
 
 The Elementary 
 Education Act, 
 1873- 
 
 The Elementary 
 Education (Or- 
 ders) Act, 1874. 
 
 The Elementary 
 Education Act, 
 1876. 
 
 " board " ; sections forty to 
 forty-eight ; sections forty-nine 
 to fifty-one ; in section fifty- 
 two the words " under the 
 " provisions of this Act with 
 "respect to the appointment 
 " of a body of managers " ; 
 sections fifty-three to fifty-six ; 
 sections sixty to sixty-six ; in 
 section sixty-nine the words 
 "in the metropolis" and the 
 words from " appointed under 
 " this Act " to " returns under 
 " this Act " ; in section seventy- 
 three the words " of the school 
 " district " the words from " (if 
 "any) or if" to "inquiry re- 
 " lates," and the words " or if 
 "there is no school board as 
 "a debt due from the rating 
 " authority " ; sections seventy- 
 seven and seventy-nine ; sec- 
 tions eighty - seven, eighty- 
 eight, and ninety ; section 
 ninety-three ; the first proviso 
 of section ninety-seven ; the 
 First Schedule ; the Second 
 Schedule, except the Third 
 Part ; the Third Schedule. 
 
 Sections five to twelve ; sections 
 seventeen and eighteen ; sec- 
 tions twenty-one and twenty- 
 six ; the First Schedule ; the 
 Second Schedule ; the Third 
 Schedule. 
 
 The whole Act. 
 
 Section seven, from " and (2) in 
 " every " to " appointing the 
 '' committee," and the words 
 " and school attendance com- 
 " mittee " ; in section fifteen 
 the words " not exceeding 
 " fifty " ; section twenty-one ; 
 section twenty-three to " or pay 
 " any fees " ; section twenty- 
 seven ; in section twenty-eight,
 
 198 
 
 EDUCATION ACT, 1902. 
 
 Session and 
 Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 43 & 44 Viet, 
 c. 23. 
 
 53 & 54 Viet, 
 c. 22. 
 
 54 & 55 Viet, 
 c. 56. 
 
 56 & 57 Viet, 
 c. 42. 
 
 59 & 60 Viet, 
 c. 1 6. 
 
 60 & 61 Viet, 
 c. 5. 
 
 6o&6i Viet, 
 c. 1 6. 
 
 The Elementary 
 Education Act, 
 1880. 
 
 The Education Code 
 (1890) Act, 1890. 
 
 The Elementary 
 Education Act, 
 1891. 
 
 The Elementary 
 Education (Blind 
 and Deaf Children) 
 Act, 1893. 
 
 The Agricultural 
 Rates Act, 1896, 
 
 The Voluntary 
 Schools Act, 1897. 
 
 The Elementary 
 Education Act, 
 1897. 
 
 the words " but subject in the 
 ' case of a school attendance 
 ' committee to the approval 
 ' herein-after mentioned " and 
 the words " or the officers of 
 'the council or guardians by 
 ' whom the committee are ap- 
 ' pointed " ; sections thirty, 
 thirty-one, thirty-two, thirty- 
 three (except as applied by 
 this Act), and thirty-four ; sec- 
 tion thirty-six ; in section 
 thirty-seven the words " or 
 " local authority " ; in section 
 thirty-eight the words " or 
 " local authority " and " or 
 " school attendance commit- 
 " tee " ; sections forty - one, 
 forty-two, forty-three, and 
 forty-four ; section forty-nine ; 
 the Second Schedule ; the 
 Third Schedule. 
 
 Section three. 
 
 Section one. 
 
 Sections five, six, and seven. 
 
 Section four from " (b) for an 
 area" to the end of the section. 
 
 Sub-sections (3) and (4) of section 
 five. 
 
 Section six. 
 
 In section seven the words "a 
 " school board for a school 
 " district which is a parish or," 
 and sub-section (3). 
 
 Section one. 
 
 The whole Act.
 
 2 EDW. 7, C. 42, SCH. IV. 
 
 199 
 
 Session and 
 Chapter. 
 
 Short Title. 
 
 Extent of 'Repeal. 
 
 62 & 63 Viet, 
 c. 32. 
 
 The Elementary 
 Education (De- 
 fective and Epi- 
 leptic Children) 
 Act, 1899. 
 
 In section six the proviso. 
 
 63 & 64 Viet, 
 c. 53- 
 
 The Elementary 
 Education Act, 
 1900. 
 
 Section three.
 
 THE ELEMENTARY EDUCATION 
 ACT, 1870. 
 
 (33 & 34 VICT., c. 75.) 
 
 AN ACT TO PROVIDE FOR PUBLIC ELEMENTARY 
 EDUCATION IN ENGLAND AND WALES. 
 
 \<)th 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 : 
 (that is to say) 
 
 The following sections of this Act are the provisions which apply 
 to England and Wales, with the exception of the Metropolis, from 
 tJie "appointed day" under sec. 27 of the 2 Edw. 7, c. 42. 
 
 /;/ connection with these sections it is to be borne in mind 
 
 (1) That references in this Act to school boards and school 
 districts are from the " appointed day " to be construed as references 
 to Local Education Authorities and the areas for which they act 
 (2 Edw. 7, c. 42, Third Schedule (i); 
 
 (2) That the Local Education Authorities throughout their area 
 from the " appointed day " have the powers and duties of a school 
 board and school attendance committee, and school boards and school 
 attendance committees are abolished (2 Edw. 7, c. 42, sec. 5) ; and 
 
 (3) That a Local Education Authority may delegate to the 
 education committee with or without any restrictions or conditions 
 as they think fit any of their powers except the power of raising a 
 rate or borrowing money (2 Edw. 7, c. 42, sec. 17). 
 
 PRELIMINARY. 
 Short Title. 
 
 1. This Act maybe cited as the "Elementary Educa- 
 tion Act, 1870." 
 
 Extent of Act. 
 
 2. This Act shall not extend to Scotland or Ireland. 
 
 P
 
 2O2 ELEMENTARY EDUCATION ACT, iS/O. 
 
 Definition of Terms. 
 
 3. In this Act 
 
 The term " metropolis " means the places for the time 
 being within the jurisdiction of the Metropolitan 
 Board of Works under the Metropolis Management 
 Act, 1855 : (i) 
 
 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, intituled " An Act to provide for 
 the regulation of Municipal Corporations in England 
 and Wales," and the Acts amending the same : (2) 
 
 The term " parish " means a place for which for the time 
 being a separate poor rate is or can be made : (3) 
 
 The term " person " includes a body corporate : 
 
 The term " Education Department " means " the Lords of 
 the Committee of the Privy Council on Education " : (4) 
 
 The term " Her Majesty's Inspectors " means the inspec- 
 tors of schools appointed by Her Majesty on the 
 recommendation of the Education Department : 
 
 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: (5) 
 
 The term " teacher " includes assistant teacher, pupil 
 teacher, sewing mistress, and every person who forms 
 part of the educational staff of a school : 
 
 The term " parent " includes guardian and every person 
 who is liable to maintain or has the actual custody of 
 any child : (6) 
 
 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 ordinary payments in respect of the 
 instruction, from each scholar, exceed ninepence a 
 week: (7) 
 
 The term "schoolhouse " includes the teacher's dwelling- 
 house and the playground (if any) 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 : 
 
 The term " ratepayer " includes every person who, under 
 the provisions of the Poor Rate Assessment and Col- 
 lection Act, 1869, is deemed to be duly rated : (8)
 
 33 & 34 VICT., c. 75, SEC. 3. 203 
 
 The term " Parliamentary Grant " means a grant made 
 in aid of an elementary school, either annually or 
 otherwise, out of moneys provided by Parliament for 
 the civil service, intituled " For Public Education in 
 Great Britain." 
 
 (1) The term "metropolis" now means the places for the time 
 being within the jurisdiction of the London County Council as the 
 successors of the Metropolitan Board of Works. The metropolis, 
 as thus defined, is conterminous with the administrative County of 
 London. 
 
 (2) The word " borough," as defined, includes not only the several 
 boroughs specified in Schedules A and B of the Municipal Corpora- 
 tions Act of 1835, but all municipal boroughs which have been 
 incorporated since the passing of that Act. The Municipal Corpora- 
 tions Act, 1882 (45 & 46 Viet., c. 50), which repealed the Act of 1835, 
 is now substituted for that Act. As to the Borough of Wenlock, 
 see 37 & 38 Viet., c. y),post. 
 
 (3) This interpretation has the effect of rendering every parish, 
 township, parochial chapelry, hamlet, vill, precinct, or other place for 
 which a separate poor rate is or can be made, a " parish " for the 
 purposes of the Act. Divisions of a parish for ecclesiastical purposes 
 only are not recognized by the Act. 
 
 (4) The Board of Education established under the Board of Educa- 
 tion Act, 1899 (62 & 63 Viet., c. 33,fiost\ takes the place of the Educa- 
 tion Department, and sec. 2 of that Act provides that all enactments 
 and documents shall be construed accordingly. 
 
 (5) As to managers of public elementary schools provided by a 
 Local Education Authority and managers of public elementary schools 
 not provided by a Local Education Authority, see sec. 6 (i), (2), and 
 sec. 1 1 of 2 Edw. 7, c. 42, ante. 
 
 By sec. n (6) of the last-mentioned Act it is provided that the 
 body of managers appointed under that Act for a public elementary 
 school not provided by the Local Education Authority shall be 
 the managers of that school for the purposes of that Act and the 
 Elementary Education Acts. 
 
 Any school which has been provided by a School Board, or is 
 deemed to have been so provided, is to be treated for the purposes 
 of the Elementary Education Acts as a school which has been pro- 
 vided by the Local Education Authority, or which is deemed to have 
 been so provided, as the case may be. See 2 Edw. 7, c. 42, Second 
 Schedule (13), ante, and notes thereon. 
 
 (6) This definition includes the father and grandfather, and the 
 mother and grandmother, of a child, as by the 43 Eliz., c. 2, sec. 7, 
 they are liable to maintain the child if of sufficient ability. As to the 
 case of a married woman having a child residing with her, during the 
 absence of the husband from home, either by desertion or in pursuit 
 of his lawful calling as a sailor or otherwise, see Hance v. Burnett, 
 p. 272, post. See also School Board for London v. Jackson, p. 325, 
 Post.
 
 2O4 ELEMENTARY EDUCATION ACT, l8/O. 
 
 (7) The expression " elementary school " does not include any 
 school carried on as an evening school under the Regulations of the 
 Board of Education (2 Edw. 7, c. 42, sec. 22 (i), ante}. 
 
 To render an " elementary school " a " public elementary school " 
 within the meaning of the Act, it must be conducted in accordance 
 with the regulations prescribed by sec. 7, and the other conditions 
 referred to in the notes on that section must be fulfilled. 
 
 By the Code of the Board of Education as to Day Schools (1902) it 
 is provided as follows : The " ordinary payment " for each scholar 
 must cover all the instruction given in the school ; and will, as a rule, 
 be found by dividing the total amount of fees payable for any week, 
 by the number of scholars on the registers for that week. But if more 
 than one-third of the scholars pay fees exceeding ninepence a week 
 the " ordinary payment " will be considered to exceed ninepence a 
 week. The term " payments in respect of the instruction " means the 
 fee payable by the parent, and does not include any payment for the 
 purchase of books or other such articles. But a weekly or other 
 periodical payment for the use of books or other school requisites, if 
 required as a condition of admission to the school, is treated as a 
 fee. Wherever the word " school " occurs in the Code it is to be held 
 to include " department of a school," and for the purposes of the Code 
 the Board have power to decide whether part of a school is or is not 
 a department. 
 
 (8) The Poor Rate Assessment and Collection Act (32 & 33 Viet., 
 c. 41), by sec. 19, enacts that the overseers in making out the poor 
 rate shall in every case, whether the rate is collected from the owner 
 or occupier, or the owner is liable to the payment of the rate instead 
 of the occupier, enter in the occupier's column of the rate book the 
 name of the occupier of every rateable hereditament, and such occupier 
 shall be deemed to be duly rated. In Cross v. Alsop (Law Rep., 6 
 C. P. 315 ; 40 L. J. C. P. 53 ; 23 L. T., N. S., 589), it was held in the 
 Court of Common Pleas that the section quoted only applied to the 
 occupiers of rateable hereditaments, in respect of which the owners 
 had entered into agreements with the overseers to pay the rates 
 instead of the occupiers, under sec. 3 of the Poor Rate Assessment 
 and Collection Act, or in respect of which the owners were rated 
 under an order of the vestry, under sec. 4 of that Act. In a later case 
 (Smith v. Overseers of Seghill, Law Rep., 10 Q. B. 422 ; 44 L. J. M. C. 
 114; 32 L. T., N. S., 859), the Court of Queen's Bench held that the 
 section applied to every case whether the rate was collected from the 
 owner or occupier, and whether the owner or occupier was liable for 
 the rate. Any doubt arising from these conflicting decisions was 
 removed by sec. 14 of the Parliamentary and Municipal Registration 
 Act, 1878 (41 & 42 Viet., c. 26), which provides that the enactment 
 referred to " shall not be deemed to apply exclusively to cases where 
 an agreement has been made under sec. 3 of the Act, or where an 
 order has been made under sec. 4 of the Act, but shall be of general 
 application." 
 
 With regard to the entry in the rate book of the names of persons 
 who become occupiers of tenements which were unoccupied at the 
 time of the making of the rate, or who succeed other occupiers before 
 the rate is wholly discharged, sec. 16 of the Poor Rate Assessment 
 and Collection Act, 1869, enacts as follows: "If the occupier 
 assessed in the rate when made shall cease to occupy before the rate
 
 33 & 34 VICT., c. 75, SEC. 5. 205 
 
 shall have been wholly discharged, or if the hereditament being 
 unoccupied at the time of the making of the rate become occupied 
 during the period for which the rate is made, the overseers shall enter 
 in the rate book the name of the person who succeeds or comes into 
 the occupation, as the case may be, and the date when such occupa- 
 tion commences, as far as the same shall be known to them ; and 
 such occupier shall thenceforth be deemed to have been actually rated 
 from the date so entered by the overseers." 
 
 SUPPLY OF SCHOOLS. 
 School District to have sufficient Public Schools. 
 
 5. There shall be provided for every school district a 
 sufficient amount of accommodation in public elementary 
 schools (as hereinafter defined), available 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 insufficient amount of such 
 accommodation, in this Act referred to as " public school 
 accommodation," the deficiency shall be supplied in manner 
 provided by this Act. 
 
 This section is repealed by the 2 Edw. 7, c. 42, ante, except so far 
 as it defines public school accommodation. 
 
 With regard to the provision by the Local Education Authority 
 of additional school accommodation, see sees. 18 and 19. 
 
 The duty of a Local Education Authority under the Education Acts 
 to provide a sufficient amount of public school accommodation includes 
 the duty to provide a sufficient amount of public school accommodation 
 without payment of fees in every part of their area [2 Edw. 7, c. 42, 
 Third Schedule (5), ante']. 
 
 As to the provision of new schools or the enlargement of schools, 
 see sees. 8 and 9 of the 2 Edw. 7, c. 42, ante; and with respect to the 
 powers of the Board of Education in the case of the failure of a Local 
 Education Authority to provide such additional public school accom- 
 modation as is in the opinion of the Board of Education necessary, 
 see sec. 16 of that Act. 
 
 As to the term "public elementary school," see sec. 7. "School 
 district" is to be construed in this Act as referring to the area for 
 which a Local Education Authority acts, except as regards transac- 
 tions before the '' appointed day" (2 Edw. 7, c. 42, Third Schedule (i) ). 
 
 Schools, although not public elementary schools, may be certified 
 by the Board of Education as efficient schools (see 39 & 40 Viet., 
 c. 79, sec. 48, post}. 
 
 With respect to the proportion of the population of a parish for 
 which school accommodation should be provided, it is estimated as a 
 general rule that the children of the class for which school places in 
 elementary schools are required constitute one-sixth of the total popu- 
 lation. That rule was acted upon for many years in cases where
 
 206 ELEMENTARY EDUCATION ACT, iS/O. 
 
 building grants were made by the Education Department, and has 
 generally been found practically accurate. The rule is of course 
 subject to modifications in districts where the circumstances are 
 exceptional, and the Board of Education, in determining whether 
 there was " efficient and suitable provision " in a particular district 
 within the meaning of this section, have been guided by the returns 
 with which they have been furnished and the reports of their inspectors. 
 
 It was the rule of the Education Department to require suitable 
 accommodation to be provided for children between the ages of three 
 and five. Although such children are not subjects of compulsion 
 under the bye-laws, annual grants are offered for them, and the 
 Department, having regard to the short average duration of a child's 
 school life, have attached great importance to their attendance. 
 
 The accommodation that will be afforded by any particular school is 
 determined upon the report made by the inspector upon the school. 
 The capacity of a schoolroom, and the number of children it can 
 accommodate, depend not merely upon its area, but also on its shape, 
 on the nature and arrangement of the school furniture, and on the 
 positions of the doors and fireplaces. As to the superficial area and 
 cubic space required for children in school premises, see Article 85 of 
 the Day School Code in Appendix, p. 640. 
 
 The Board of Education have issued Rules to be observed in plan- 
 ning and fitting up Public Elementary Schools [1902, Cd. 1332], 
 which may be obtained of Messrs. Eyre and Spottiswoode, East 
 Harding Street, Fleet Street, E.G. 
 
 In the Rules referred to it is stated that " No school should 
 ordinarily be built to accommodate more than 1000 to 1200 children 
 in three departments. No single department should accommodate 
 more than 400 children. A large school in three departments might 
 conveniently be divided in the following proportions : Boys 360, girls 
 360, infants 380." 
 
 As to school accommodation for blind and deaf children, see 56 & 57 
 Viet., c. 42, post; and for defective and epileptic children, see 62 63 
 Viet., c. 32, post. 
 
 Regulations for Conduct of Public Elementary School. 
 
 7. Every elementary school (i) which is conducted in 
 accordance with the following regulations shall be a public 
 elementary school within the meaning of this Act (2) ; and 
 every public elementary school shall be conducted in 
 accordance with the following regulations (a copy of which 
 regulations shall be conspicuously put up in every such 
 school), namely : 
 
 (i.) 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
 
 33 & 34 VICT., c. 75, SEC. 7. 207 
 
 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 : (3) 
 
 (2.) The time or times during which any religious obser- 
 vance is practised or instruction in religious sub- 
 jects 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 to be kept perma- 
 nently and conspicuously affixed in every school- 
 room ; and any scholar may be withdrawn by his 
 parent from such observance or instruction with- 
 out forfeiting any of the other benefits of the 
 school : (4) 
 
 (3.) The school shall be open at all times to the inspec- 
 tion of any of Her Majesty's Inspectors, so, how- 
 ever, 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 : (5) 
 
 (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. (6) 
 
 (1) For definition of the term " elementary school," see sec. 3. 
 
 (2) No parliamentary grant can be made to any school which is not 
 a public elementary school conducted in accordance with the regula- 
 tions prescribed by this section. See also sees. 96 and 97 and 39 & 40 
 Viet., c. 79, sec. 20, post, and arts. 76-92 in Day School Code, p. 636. 
 As to further conditions to be fulfilled in the case of schools not 
 provided by the Local Education Authority, see sec. 7. of 2 Edw. 7 
 c. 42, ante. In the case of a school provided by a Local Education 
 Authority, not only are the regulations referred to in this section to be 
 observed, but no religious catechism, or religious formulary distinctive 
 of any particular denomination, is to be taught in the school (sec. 14). 
 As to schools to be deemed to be provided by the Local Education 
 Authority, see 2 Edw. 7, c. 42, Second Schedule (13), ante. 
 
 With regard to the powers of managers of a school to comply with 
 the conditions required to be fulfilled in order to obtain a parliamentary 
 grant, see sec. 99 and 2 Edw. 7, c. 42, Third Schedule (7), ante. 
 
 (3) The term " parent " includes guardian and every person who is 
 liable to maintain, or has the actual custody of, any child (sec. 3).
 
 208 ELEMENTARY EDUCATION ACT, iS/O. 
 
 It is not specified in what manner the parent is to "withdraw" the 
 child from religious instruction and observances in the school. It 
 would be convenient that the notice of the parent's wish in the matter 
 should be given in writing, but a verbal intimation to the managers 
 or the teacher would probably be deemed sufficient. When no such 
 notice or intimation has been received, and the child refuses or fails 
 to attend the religious instruction or observances in the school, steps 
 should be taken to ascertain from the parent whether or not it is his 
 intention that the child should be withdrawn from such instruction 
 and observances. 
 
 The latter part of the sub-section was specially intended to meet 
 the cases of Jewish and Roman Catholic children. 
 
 In a case in which it appeared that the vicar had distributed on a 
 Sunday to children attending the National day school a public 
 elementary school prizes connected with secular subjects, the Educa- 
 tion Department stated that they considered that prizes for secular 
 knowledge given to children in any public elementary school should 
 be open to all scholars, and should be distributed at a time when 
 religious instruction is not given. 
 
 (4) When the school is held both in the morning and in the after- 
 noon, the religious observance or instruction in religious subjects 
 may take place not only at the beginning or end, or beginning and 
 end, of the day's secular instruction, but of the morning and afternoon 
 meetings respectively. A parent may withdraw his child from the 
 religious observance or instruction, but the child, is not to be with- 
 drawn from the school during the observance or instruction when the 
 school arrangements will admit of secular and religious instruction 
 being carried on in different parts of the school at the same time. 
 
 It rests with the local education authority to determine the duration 
 of the morning and afternoon meetings of a public elementary school, 
 subject to secular instruction being given for not less than the time 
 required by the Code. As to religious instruction during school hours 
 in schools not provided by the local education authority, see. sec. 7 (i) 
 (a) of 2 Edw. 7, c. 42, ante. 
 
 At a meeting of the Committee of Council on Education, on the 7th 
 of February, 1871, the following resolutions with reference to this 
 section were adopted : " (i) That the time-table of each public 
 elementary school shall be submitted to the inspector of the district, at 
 his first visit to the school after the 3Oth of April, 1871. (2) That the 
 inspector shall enter on every time-table which fulfils the requisite 
 conditions, ' Approved, on behalf of the Education Department,' with 
 his signature .and the date of his visit. (3) That the inspector may 
 approve any time-table which, while conforming to sec. 7 (No 2) of 
 the Education Act in respect of the time or times appointed for 
 religious observances or instruction, sets apart for instruction in 
 secular subjects at least two consecutive hours at each morning and 
 afternoon meeting, and one hour and a half at each evening meeting 
 of the school. (4) That the inspector shall not express any opinion 
 as to the time or times appointed for religious observances, or instruc- 
 tion, or as to the nature of such instruction, but shall confine himself 
 to seeing that the prescribed amount of time is secured for secular 
 instruction. (5) That before signing the time-table the inspector 
 shall satisfy himself : (a) that a copy of the regulations contained in 
 sec. 7 of the Education Act is conspicuously put up in the school ; (b)
 
 33 & 34 VICT., c. 75, SEC. 7. 209 
 
 that the time-table is printed, or written, in distinct characters, and 
 that sufficient copies of it are provided to be put up in every schoolroom ; 
 (c) that if the school premises admit of it, the children withdrawn by 
 their parents from religious observances or instruction receive, by 
 themselves, instruction in secular subjects during the time or times set 
 apart for religious instruction or observances. (6) That the inspector, 
 at any visit which he pays to a school without notice, shall report to 
 the Education Department if he finds that the work of the school is not 
 being carried on according to the approved time-table, or that the 
 time-table itself is not exhibited in every schoolroom. (7) That if any 
 five parents or guardians of scholars for the time being attending a 
 school make complaint in writing to the Education Department that 
 a time-table, approved by the inspector, is not in accordance with this 
 minute, the Education Department, on receiving such complaint, shall 
 make such inquiry and order in the matter as they may think fit." 
 
 This minute of the 7th of February, 1871, was modified by a minute 
 of the 2nd of April, 1878, which records the following resolution of the 
 Committee of Council on Education : 
 
 " i. That the time-table of each public elementary school shall be 
 submitted to the inspector of the district at every visit he pays to the 
 school. 
 
 " 2. That the inspector may approve any time-table which, while 
 conforming to sec. 7 (2) of the Elementary Education Act, 1870, in 
 respect of the time or times appointed for religious observances or 
 instruction, sets apart at each meeting of a school, for the instruction in 
 secular subjects of each class or division of the school, at least the 
 amount of time prescribed by the Code. 
 
 " 3 (a.) Provided that at each meeting of a school instruction in 
 secular subjects is continuously given for the prescribed time, by or 
 under the personal supervision of the principal teacher, and that there 
 is a class-room attached to the school, a time-table may be approved 
 which provides for religious instruction (in accordance with the pro- 
 visions" of sec. 7, and in board schools of sec. 14 (2), of the Act of 1870) 
 being given in the class-room to separate classes or divisions of the 
 school, either at the beginning or end of the meeting ; and the time 
 of secular instruction need not be the same for the whole school. 
 
 "3 (.) If there is no class-room attached to a school, the time for 
 secular instruction must be the same for the whole school." 
 
 So far as a time-table sets forth the time or times to be devoted to 
 instruction in religious subjects no change should be made without 
 the express sanction of the inspector. This sanction ought not to be 
 given in the course of a school year unless strong grounds are shown. 
 The parents of children attending a public elementary school ought to 
 know for certain at what time or times they may withdraw their 
 children, if they wish to do so. Under the Day School Code one of 
 the conditions to be fulfilled by a school in order to obtain a parlia- 
 mentary grant is that the time-table must be approved for the school 
 by the inspector on behalf of the Board of Education, and must be 
 open at any reasonable time, except the ordinary school hours, to the 
 inspection of the parent of any scholar attending the school who 
 makes a written application to see it. 
 
 In a circular letter issued to Her Majesty's inspectors of schools on 
 the 1 6th of January, 1878, the Education Department stated as
 
 210 ELEMENTARY EDUCATION ACT, l8/O. 
 
 follows : " It should never be forgotten that a child withdrawn from 
 the whole or part of the religious teaching or observances of a school, 
 should in no way be subjected to disparaging treatment on account of 
 his parent having thought fit to avail himself of his statutory right in 
 this matter. But, on the other hand, in your communications respect- 
 ing the arrangements of the time-tables, you will remember that you 
 have no right to interfere in any way with the liberty allowed by 
 statute to managers of providing for religious teaching and observances 
 at the beginning and end of the two daily school meetings. In your 
 allusions to this subject and to the conscience clause, you will be most 
 careful not to lead managers or teachers to suppose that the complete 
 provision which has now been made by the Legislature for protecting 
 the rights of conscience, as an essential part of a system of compulsory 
 attendance, and the limitation of the necessary examination by Her 
 Majesty's inspectors to secular subjects, imply that the State is 
 indifferent to the moral character of the schools, or in any way 
 unfriendly to religious teaching." 
 
 See sec. 7 of the 39 & 40 Viet., c. 79, post, as to the duty of the 
 Local Education Authority to report to the Board of Education any 
 infraction of the provisions of this section in any public elementary 
 school within their district which may come to their knowledge, and 
 also to forward to the Board of Education any complaint which they 
 may receive of the infraction of these provisions. 
 
 (5) With regard to examinations in religious subjects of children in 
 a public elementary school not provided by a local education authority, 
 by an inspector other than one of His Majesty's inspectors, see sec. 76. 
 
 (6) As to the general conditions to be fulfilled by a school in order 
 to obtain an annual grant, see note (2) to this section. 
 
 MANAGEMENT AND MAINTENANCE OF SCHOOLS 
 BY SCHOOL BOARD. 
 
 Management of School by School Board. 
 
 14. Every school provided by a school board shall be 
 conducted under the control and management of such 
 board in accordance with the following regulations : (i) 
 (i.) The school shall be a public elementary school 
 
 within the meaning of this Act ; (2) 
 
 (2.) No religious catechism or religious formulary which 
 is distinctive of any particular denomination shall 
 be taught in the school. (3) 
 
 (i) This section applies from the " appointed day " to all schools 
 provided by Local Education Authorities, and to those schools only. 
 Any school which has been provided by a school board, or which 
 under sec. 23 is to be deemed to be a school provided by a school 
 board, is to be treated as a school which has been provided by the 
 Local Education Authority, or which is deemed to have been so 
 provided 2 Edw. 7, c. 42, Second Schedule (13), ante.
 
 33 & 34 VICT., c. 75, SEC. 14. 211 
 
 (2) For definition of the term "public elementary school," see 
 sec. 7. 
 
 In order to render a school a public elementary school it is neces- 
 sary under sec. 7 of the Act that it " 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 conditions 
 to be fulfilled by a school in order to obtain an annual grant, see sees. 
 96 & 97 and 39 & 40 Viet., c. 79, sec. 2.o,post, and Arts. 76-92 in Day 
 School Code, pp. 636-646. See also the conditions prescribed with 
 regard to schools not provided by the Local Education Authority in 
 sec. 7 of 2 Edw. 7, c. 42, ante. 
 
 In the case of The Queen on the Prosecution of the Buckingham 
 School Board 'v. The Town Council of Biickingham, which came before 
 the Queen's Bench Division on the I5th of November, 1876. a 
 question was raised as to the effect of this provision. It appeared 
 that a rule nisi had been granted for a mandamus to order the 
 defendants as the rating authority for the borough of Buckingham to 
 pay to the school board of the borough a sum of I5o/. to meet a 
 deficiency in the school fund. The deficiency, at least in part, 
 was in respect of expenses on account of a school which, in 
 the opinion of the Education Department, was not a public 
 elementary school, and it appeared that the town council, in 
 refusing to pay the amount called for by the precept, acted upon 
 the advice of that Department. The school board, according to the 
 affidavits, proposed to purchase a site for a school, and to borrow for 
 the purpose, but as the consent of the Education Department was 
 necessary to enable them to obtain a loan, and that consent was not 
 given, the proposal was abandoned. The school board then hired a 
 chapel, and fitted it up as a school, and it was in respect of this 
 school that the question arose. For the Education Department it 
 was argued that the school board had no authority to incur an 
 expenditure in connection with a school which was not a public 
 elementary school, and that this school was not a public elementary 
 school, as it was not conducted in accordance with the conditions 
 required to be fulfilled by an elementary school in order to obtain an 
 annual parliamentary grant. One of those conditions was, that a 
 " time-table " approved by the Education Department should be kept 
 permanently and conspicuously affixed in the schoolroom. In the 
 case of this school, no time-table had been approved by the Education 
 Department, and there had been no visit or report on the school by 
 one of Her Majesty's inspectors of schools such visit and report 
 being necessary for the fulfilment of the conditions prescribed with 
 reference to the parliamentary grant. It was not alleged, however, 
 that the school board had not fulfilled these conditions, so far as 
 they could do so independently of the Education Department. The 
 Court made the rule absolute, but observed that it would not be 
 satisfactory to come to a decision upon the affidavits then before 
 them, and that they would have better materials for deciding the 
 point, which was one of great importance, when the return to the 
 mandamus was made. No further proceedings were, however, taken 
 in the case. 
 
 The question as to the age up to which there might be admission 
 to a public elementary school provided by a school board was 
 considered in R. v. Cockerton ([1901] i Q. B. 322). 
 
 Sec. 22 (2)^ of the 2 Edw. 7, c. 42, ante, now prescribes from the
 
 212 ELEMENTARY EDUCATION ACT, l8/O. 
 
 " appointed day," subject to the exceptions therein referred to, a limit 
 to the age of children for whom instruction may be provided in a 
 public elementary school. 
 
 For Regulations as to Higher Elementary Schools see p. 653. 
 
 (3) Under no circumstances is the religious instruction in any 
 school provided by a Local Education Authority to include the 
 teaching of any religious catechism or religious formulary which is 
 distinctive of any particular denomination. Moreover, whatever re- 
 ligious observance or instruction may take place in the school must 
 be subject to all the conditions set forth in the regulations prescribed 
 by sec. 7, and in accordance with the " time-table " contemplated by 
 that section. 
 
 The Board of Education, having taken the opinion of the Law 
 Officers of the Crown, decided that the teaching of the Apostles' 
 Creed is not a contravention of this enactment, but that the teaching 
 of that part of the Church Catechism known as the " Duties " is a 
 contravention. 
 
 The Education Department stated that they considered that 
 school boards which provided religious instruction in their schools 
 were justified in securing, by inspection and examination of the 
 scholars, information as to the efficiency of the instruction. If the 
 inspection takes place at any ordinary meeting of the school it must 
 be confined to the time for religious instruction prescribed by the 
 time-table. If the time allowed by the time-table is not sufficient the 
 board may fix some other time, not being a meeting of the school, for 
 the purpose. Sufficient notice should be given to the parents to 
 enable them to avail themselves of their right to withdraw their 
 children. The notice of the religious examination should expressly 
 point out that the children may be withdrawn. It seems desirable 
 that such religious examination should take place, say on Saturdays, 
 or on some day when an ordinary meeting of the school would not 
 otherwise be held. In all cases the proceedings must, of course, be 
 subject to the provisions of the Elementary Education Act of 1870, 
 sees. 7 (2) and 14 (2). 
 
 Schools which have been transferred to a school board under the 
 provisions of sec. 23 are, during such times as the Local Education 
 Authority have any control over the schools, to be deemed to be 
 schools ''provided" by them within the meaning of sec. 14. See 
 also the 36 & 37 Viet., c. 86, sec. 13, post, with reference to schools 
 connected with endowments, charities, or trusts accepted by Local 
 Education Authorities, whether as the successors of school boards or 
 otherwise. 
 
 Regulations to the following effect were adopted in whole or in 
 part by a large number of school boards with reference to religious 
 instruction, prayers, and hymns, in schools provided by them : 
 I. That in the schools provided by the board the Bible shall be 
 read, and there shall be given such explanations and such instruction 
 therefrom in the principles of morality and religion as are suited to 
 the capacities of children ; provided always (a) that in such explana- 
 tions and instruction the provisions of the Act in sees. 7 and 14 be 
 strictly observed, both in letter and spirit, and that no attempt be 
 made in any such schools to attach children to any particular 
 denomination ; (b] that in regard of any particular school the board 
 shall consider and determine upon any application by managers,
 
 33 & 34 VICT., c. 75, SEC. 14. 213 
 
 parents, or ratepayers of the district, who may show special cause for 
 exception of the school from the operation of this resolution, in whole 
 or in part. 2. That such explanations and instruction as are recog- 
 nized by the foregoing regulation shall be given by the responsible 
 teachers of the school. In this Article the term " responsible teachers" 
 does not include pupil teachers. 3. That in accordance with the 
 general practice of existing elementary schools provision may be made 
 for offering prayer and using hymns in schools provided by the board at 
 the " time or times " when, according to sec. 7, sub-section 2, of the Ele- 
 mentary Education Act, " religious observances " may be " practised." 
 4. That the arrangements for such " religious observances " be left to 
 the discretion of the teacher and managers of each school, with the 
 right of appeal to the board by teacher, managers, parents, or rate- 
 payers of the district : Provided always that, in the offering of any 
 prayers and in the use of any hymns, the provisions of the Act in 
 sees. 7 and 14 be strictly observed, both in letter and in spirit, 
 and that no attempt be made to attach children to any particular 
 denomination. 5. That during the time of religious teaching or 
 religious observance, any children withdrawn from such teaching, or 
 observance, shall receive separate instruction in secular subjects. 6. 
 That a copy of sees. 7 and 14 of the Elementary Education Act, 1870, 
 and also of the preceding regulations, must be hung up in a con- 
 spicuous part of the schoolroom. 
 
 As regards the corporal punishment of children, the Education 
 Department, in the instructions to H.M. inspectors, stated as follows : 
 " My Lords regret to receive frequent complaints of the excessive 
 use of corporal punishment in schools, and of its occasional infliction 
 by assistants and pupil teachers, and even by managers. The subject 
 is one on which your own observation is necessarily incomplete, since 
 children are not likely to be punished in your presence on the day of 
 inspection. But you will not fail in your intercourse with teachers 
 and managers to impress upon them that the more thoroughly a 
 teacher is qualified for his position, by skill, character, and personal 
 influence, the less necessary it is for him to resort to corporal chastise- 
 ment at all. When, however, the necessity arises, the punishment 
 should be administered by the head-teacher." 
 
 In Revised Instructions, 1901, the Board of Education state that a 
 separate book (Punishment Book) must be kept in which every case 
 of corporal punishment inflicted in the school should be entered. 
 
 These instructions also contain the following observations on 
 punishments generally : " If discipline were perfectly efficient, punish- 
 ment would be unknown, for the result of efficient discipline is to 
 engender the good habits which render punishment unnecessary. 
 Order, diligence, and obedience, which are only maintained by frequent 
 punishment or the dread of it, do not constitute good discipline. 
 Indeed, the infliction of punishment is, to some extent, a confession of 
 defeat by the authority that inflicts it ; for the object of discipline is 
 to prevent the commission of faults. No punishment which excites 
 the emotion of terror in a child should ever be employed. In an 
 infants' school no punishment should be permitted which causes 
 bodily pain. In schools for older children, corporal punishment 
 should be discouraged as an ordinary expedient in boys' schools, 
 and altogether in girls' schools. The punishment register, which is 
 required in all schools, may serve some good purpose if it induces 
 teachers to reflect occasionally on their methods, and to consider
 
 214 ELEMENTARY EDUCATION ACT, l8/O. 
 
 whether these really tend to the formation of the habit of good 
 conduct." 
 
 As to the liability of teachers for caning boys on the hand, the case 
 of Gardner v. Bygrave, L. G. C. (1890) 51 ; 53 J. P. 743, maybe 
 referred to. In that case it appeared that a summons was taken out 
 against the appellant, who was the head-master of a board school, for 
 having unlawfully assaulted and beaten the respondent who was a 
 pupil attending the school. At the hearing it appeared that the 
 respondent committed a fault which properly called for corporal 
 punishment by the appellant, who inflicted the same by giving the 
 respondent four strokes with a cane on the hand. The magistrate 
 was of opinion that if caning on the hand was a proper method of 
 punishment to adopt in the circumstances of the case, the punish- 
 ment was inflicted unobjectionably ; but he was also of opinion that 
 punishment by caning on the hand, however inflicted, was necessarily 
 attended by risk of serious injury to the hand ; that there were 
 methods of corporal punishment quite as available and efficacious, 
 and not necessarily attended by any risk, of which methods, if the 
 appellant had used due caution, one or another would have been 
 substituted by him for that which he adopted, and that for these 
 reasons caning on the hand was in the circumstances of the case 
 improper, and ought not to have been inflicted. He accordingly 
 convicted the appellant of the assault. On a case stated, the High 
 Court quashed the conviction. Mr. Justice Charles observed that the 
 judgment of the magistrate was grounded on his opinion that caning 
 on the hand, however inflicted, was necessarily attended by risk of 
 serious injury to the hand. But he found as a fact that in this case it 
 was unobjectionably inflicted, and did not find that any serious injury 
 was caused by it. He was wrong in thinking that under these 
 circumstances the possible risk made it criminal for the master to 
 cane on the hand. 
 
 With respect to the right of a teacher to punish a boy for conduct 
 on his way to school, see Cleary v. Booth, [1893] i Q. B. 465 ; 62 L. J. 
 M. C. 87 ; 68 L. T. 349 ; 41 W. R. 391. In that case the head- 
 master of a board school was charged with assaulting a boy attending 
 the school. It appeared that a boy when coming to the school was 
 struck by a boy belonging to the same school, and with whom was 
 another boy also belonging to the school, and that complaint was made 
 to the master on their arrival at the school, who then and there 
 punished the boy who committed the assault, and also the boy who 
 was in his company. The justices convicted the master, on the 
 ground that he was not entitled to punish a boy for anything done by 
 him although against another boy on his way to the same school, the 
 act being committed off the school premises and unconnected with 
 the school. It was held on a case stated for the opinion of the High 
 Court that the authority of the master extended not only to acts done 
 by his boys when in school, but also to acts done by them on the way to 
 and from school, and that this was more especially so in the present 
 case, where the offence complained of related to a boy in the same 
 school. Among the powers delegated by the parents to the school- 
 master was such a power as was exercised by the master in this case. 
 
 As regards home lessons, it was stated in instructions issued to 
 H.M. inspectors by the Education Department, that the subject is 
 mainly one of internal discipline, and not necessarily within the 
 purview of the inspectors. " For delicate or very young children
 
 33 & 34 VICT., c. 75, SEC. 17. 215 
 
 such lessons are plainly unsuitable, and the special circumstances of 
 some schools render it inexpedient to require home tasks in any form. 
 Of such circumstances the local managers are the best judges. But 
 in the upper classes of good schools, in which the teachers exert a 
 right influence and take an interest in their work, the practice of 
 giving short exercises to be performed at home is attended with no 
 difficulty, and is open to no practical objection. The best teachers 
 use such exercises rather to illustrate, and to fix in the memory, 
 lessons which have already been explained in school, than to break 
 new ground or to call for new mental effort. This purpose is served 
 by lessons of a very simple and definite character a sum, a short 
 poetical extract, a list of names or dates, a letter, an outline map, or a 
 parsing exercise such as may readily be prepared in half an hour, 
 and may admit of very easy testing and correction on the following 
 day. When these conditions are fulfilled the home task is found to 
 have a very valuable effect, not only in helping the progress of the 
 scholar, and in encouraging the habit of application, but also in 
 awakening, on the part of the parents an interest in school work." 
 
 At the same time, it is to be borne in mind that a child cannot be 
 punished by detention at school for not doing home lessons. In 
 Hunter v. Johnson (L. R. 13 Q. B. D. 225 ; 53 L. J. M. C. 182 ; 32 W. R. 
 857), it was held that the Education Acts do not authorize the enforce- 
 ment of the preparation of lessons at home by children attending a 
 board school : and where a child was detained at school by the 
 teacher after school hours for not having done home lessons, the 
 master was held liable to be convicted for an assault. 
 
 As regards personal liability for injury caused by an accident to -a 
 scholar in a public elementary school, the case of Crisp v. Thomas (62 
 L.T. 810) may be referred to. In that case the plaintiff sued by her father 
 as her next friend to recover damages for personal injuries caused by 
 the defendant or his servants negligently allowing a board or easel to 
 fall upon her in the school of which he was an ex officio trustee and 
 member of the committee of management. It was alleged that the 
 plaintiff, who was a scholar in the school, had sustained injury by 
 reason of the negligence of the teachers, a black-board having fallen 
 and struck her on the head. The jury found a verdict for the plaintiff, 
 and assessed the damages at 20, Mr. Justice Charles, however, 
 came to the conclusion that there was no evidence to warrant the 
 verdict at which the jury arrived. He observed that the defendant 
 was an ex officio trustee of the school ; but it would be intolerable to 
 impose upon him as such trustee a liability for the negligence of the 
 mistress of the school. But he thought that if he had decided against 
 the defendant upon the question of negligence, he should have held 
 him liable as a member of the committee. On an appeal from this 
 decision, it was held (63 L. T. 756) that there was no sufficient evidence 
 of negligence, and that if there had been negligence on the part of the 
 teachers, the defendant, although a member of the committee of the 
 school, was not liable for their negligence. 
 
 Fees of Children. 
 
 17. Every child attending a school provided by any 
 school board shall pay such weekly fee as may be prescribed
 
 2l6 ELEMENTARY EDUCATION ACT, l8/O. 
 
 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 they 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 such 
 parent. 
 
 The provisions of this section are materially affected by the 54 & 55 
 Viet., c. 56, post, as regards schools provided by Local Education 
 Authorities or schools which are to be deemed to be so provided 
 (2 Edw. 7, c. 42, Second Schedule (13), ante), where fee grants are 
 paid. Sec. i of that Act prescribes the conditions of the fee grant ; 
 sec. 2 limits the fees payable in schools receiving the fee grant, and 
 sec. 3 prohibits charges for books, c., in certain schools where the 
 fee grant is allowed. By sec. 4 power is conferred on the Board of 
 Education under certain specified circumstances to approve of the 
 charge of fees or an increase of the fees in particular schools. 
 
 This section is to be construed as not preventing a Local Education 
 Authority from admitting scholars to any school provided by them 
 without requiring any fee when they think fit to do so. See 54 & 55 
 Viet., c. 56, sec. 8, post. 
 
 It would appear that it will rest with the Local Education Authority 
 to determine whether they will allow fees to continue to be charged in 
 public elementary schools not provided by them (see 2 Edw. 7, c. 42, 
 sec. 14, ante}. 
 
 The following comments are subject to the provisions above referred 
 to in the 54 & 55 Viet., c. 56, and only apply to children in respect 
 of whose attendance school fees are still payable : 
 
 In a public elementary school the ordinary payments in respect 
 of the instruction from each scholar are not to exceed ninepence a 
 week. With regard to this provision, the Board of Education by the 
 Day School Code provide as follows: The " ordinary payment" for 
 each scholar must cover all the instruction given in the school ; and 
 will, as a rule, be found by dividing the total amount of fees payable 
 for any week, by the number of scholars on the registers for that 
 week. But if more than one-third of the scholars pay fees exceeding 
 ninepence a week the ''ordinary payment" will be considered to 
 exceed ninepence a week. The term " payments in respect of the 
 instruction " means the fee payable by the parent, and does not include 
 any payment for the purchase of books or other such articles. But a 
 weekly or other periodical payment for the use of books or other 
 school requisites, if required as a condition of admission to the school, 
 is treated as a fee. 
 
 The weekly fees to be paid by the children attending a school to 
 which the section refers must be approved by the Board of Education. 
 
 The Education Department stated that whilst they did not object 
 to a distinction being made between the fees charged to children 
 under and over seven years respectively, they would urge the desira- 
 bility of not raising the fee paid by a child as he rises in the school,
 
 33 & 34 VICT., c. 75, SEC. 17. 217 
 
 as such a regulation was a discouragement to proficiency. The 
 Department also expressed a strong opinion that the school fees of 
 half-time scholars should not exceed those charged to other children. 
 In some districts reduced fees were charged in cases where two or 
 more members of the same family were attending a school. 
 
 Where proposals were made that a double fee should be charged in 
 cases where the attendance of a child was irregular, the Department, 
 whilst not objecting, stated that they could not support the rule when 
 the additional fee was beyond the means of the parent. They also 
 concurred in proposals that a higher fee than the ordinary fee should 
 be charged when a child was capriciously withheld from the annual 
 inspection. 
 
 As to the prepayment ot school fees, the Education Department 
 stated, in the case of a school board : " My Lords approve of the 
 rule requiring the payment of school fees in advance. It is the usual 
 practice, gives parents an interest in securing the regular attendance 
 of their children, and is the most certain and economical mode of 
 collecting this part of the school income. It rests with each board to 
 determine whether they will require prepayment as a condition of a 
 child's admission to a school. If they do so, my Lords will assist the 
 board in maintaining the rule by not regarding the refusal of admission 
 to a child who does not bring the school fee in advance as a violation 
 of the Code ; but it must be distinctly understood that the board will 
 take such measures as shall prevent the rule from having the effect of 
 depriving children of education. For this purpose the teacher should 
 report every case in which that rule is enforced to the board, who 
 should, without delay, either (i) satisfy themselves of the parents' 
 inability through poverty to pay the fee, and remit it under sec. 17 of 
 the Elementary Education Act of 1870 ; or (2) take proceedings under 
 their bye-laws to enforce the child's attendance, on the condition 
 payment of the school fee provided by the I7th section. ... In any 
 event the Department consider themselves bound to take such steps 
 as they may find necessary to secure that in every board school the 
 statutory obligations of the Act of 1870 are duly discharged by both 
 . school boards and parents before any annual grant is made on behalf 
 of such school." 
 
 In the case of Saunders v. Richardson, see p. 326, post, it was held 
 that a parent was liable to conviction for non-compliance with a 
 school attendance order, when he had caused his child to attend the 
 school named in the order, but without sending the school fee, when 
 a school fee was payable, and the child had been refused admission 
 on the ground of the non-payment of the fee. Further it was held in 
 The London School Board v. Wood, p. 273, post, that when a parent 
 sent his child, aged ten, to one of the board schools but did not pay, 
 though he was able to pay, the weekly fees prescribed by the school 
 board and approved by the Education Department, and the child was 
 admitted to the school and received instruction therein, the parent had 
 not caused the child to attend school within the meaning of the bye- 
 laws and was liable to a penalty. 
 
 The question as to whether when school fees are allowed to get into 
 arrear the fees can be recovered in the County Court, was decided in 
 the case of The School Board for London v. Wright, L. R. 12 Q. B 
 D. 578 ; 53 L. J. Q. B. 266 ; 50 L. T. 606 ; 32 W. R. 577- It 
 appeared that the defendant, who was the father of a child of school 
 age, had been summoned to appear at the County Court for non- 
 
 Q
 
 21 8 ELEMENTARY EDUCATION ACT, 1 870. 
 
 payment of arrears of school fees amounting to is. 6d. It was proved 
 that the child had attended the Buckingham Gate School, that the 
 fees were in arrear, and that the scale ot fees had been duly fixed by 
 the school board and approved by the Education Department. The 
 County Court Judge held that the school fees were not a debt 
 recoverable by action, and non-suited the plaintiffs, with leave to 
 appeal. On appeal to the High Court, Mr. Justice Manisty and Mr. 
 Justice Denman held (Lord Coleridge dissenting), that the parent in 
 sending the child to school in the discharge of a duty imposed on him 
 by statute did not enter into a contract, express or implied, to pay the 
 fees for the child's instruction, and that consequently the arrears of 
 fees were not recoverable by action in the County Court. On an 
 appeal, the Court of Appeal affirmed the decision. 
 
 The teacher of a board school is not personally responsible for fees 
 which the parents of children may fail to pay, and in a case in which 
 a District Auditor surcharged the schoolmaster of a board school 
 with the amount of the school fees in arrear from the parents on. the 
 ground that he had not collected the fees and brought them into 
 account to the credit of the school, the Local Government Board on 
 an appeal reversed the surcharge. 
 
 The provision that the remission of the school fees shall not 
 be deemed to be parochial relief to the parent, is to ensure that 
 the parent shall not by such remission be disqualified from voting 
 in elections. It is also provided by the Municipal Corporations Act, 
 1882 (45 & 46 Viet., c. 50), sec. 33, that a person shall not be 
 disentitled to be enrolled as a burgess by reason only that his child has 
 been admitted to and taught in any public or endowed school. 
 
 As to the offence of fraudulently obtaining the remission of school 
 fees, see sec. 37 of the 39 & 40 Viet., c. 79, post. 
 
 With respect to the payment by guardians of the school fees of 
 children of poor parents who are not paupers, see sec. 10 of 39 & 40 
 Viet., c. 79, post, and as to the granting of relief by guardians to 
 enable out-door pauper children to attend school, sec. 40 of that Act, 
 and sec. 5 of the 43 & 44 Viet., c. impost. 
 
 As to the payment of fees for children employed in factories or 
 workshops, see sec. 70 of the Factory and Workshop Act, 1901, p. 502, 
 and in the case of children employed in coal mines, see Coal Mines 
 Regulation Act, 1887, sec. 10, p. 510. See also the provisions of the 
 Canal Boats Acts, pp. 512-514. 
 
 Maintenance by School Board of Schools and Sufficient 
 School Accommodation. 
 
 18. The school board shall maintain and keep efficient 
 every school provided by such board, and shall from time 
 to time provide such additional school accommodation as 
 is [in the opinion of the Board of Education] necessary in 
 order to supply a sufficient amount of public school accom- 
 modation for their district, (i) 
 
 A school board may discontinue any school provided 
 by them, or change the site of any such school, if ihey
 
 33 & 34 VICT., c. 75, SEC. 19. 219 
 
 satisfy the Education Department that the school to be 
 discontinued is unnecessary, or that such change of site is 
 expedient. (2) . . . 
 
 (1) In this section the words "in the opinion of the Board of 
 Education " are substituted for " in their opinion " (2 Edw. 7, c. 42, 
 Third Schedule (6), ante), and it will therefore devolve on the Board 
 of Education and not on the Local Education Authority to determine 
 whether additional school accommodation is necessary. 
 
 This section refers to schools provided by the Local Education 
 Authority. Any school which has been provided by a school board, 
 or which under sec. 23 or 36 & 37 Viet., c. 86, sec. 13, post, is to be 
 deemed to be a school provided by a school board, is to be treated 
 as a school which has been provided by the Local Education 
 Authority: 2 Edw. 7, c. 42, Second Schedule (13), ante. 
 
 As to the term " public school accommodation," see sec. 5 of this 
 Act. The Third Schedule (5) of the 2 Edw. 7, c. 42, in substitution 
 for sec. 5 of the 54 & 55 Viet., c. 56, enacts that the duty of a Local 
 Education Authority under the Elementary Education Acts to provide 
 a sufficient amount of public school accommodation shall include 
 the duty to provide a sufficient amount of public school accommoda- 
 tion without payment of fees in every part of their area. 
 
 With regard to the powers of a Local Education Authority to pro- 
 vide sufficient public school accommodation by building or otherwise, 
 see sec. 19. As to the provision of new schools, or enlargement of 
 schools, see sees. 8 and 9 of 2 Edw. 7, c. 42, ante. 
 
 See also sec. 7 of the last-mentioned Act as to the duty of the Local 
 Education Authority to maintain and keep efficient all public elemen- 
 tary schools within their area which are necessary, when the schools 
 are provided by them ; and in case of schools not provided by them, 
 when the conditions referred to in that section are fulfilled. 
 
 Sec.. 1 6 of that Act provides for the enforcement of the duties of 
 the Local Education Authority under the Elementary Education Acts 
 in respect of the provision of additional public school accommodation. 
 
 As to the provision of accommodation for blind and deaf children, 
 see 56 & 57 Viet., c. a,?., post, and for defective and epileptic children, 
 62 & 63 Viet., c. y.,post. 
 
 (2) With reference to the sale, leasing, or exchange of any land or 
 school site belonging to a Local Education Authority, see sees. 22, 78 ; 
 and as to the re-transfer of a school which has been transferred by 
 the managers to a school board, see sec. 24. 
 
 Powers of ' School Board for providing Schools. 
 
 19. Every school board for the purpose of providing 
 sufficient public school accommodation for their district, 
 . . . may provide, by building or otherwise, schoolhouses 
 properly fitted up, and improve, enlarge, and fit up any 
 schoolhouse provided by them, and supply school appa- 
 ratus and everything necessary for the efficiency of the 
 schools provided by them, and purchase and take on lease
 
 22O ELEMENTARY EDUCATION ACT, 1 8/0. 
 
 any land, and any right over land, or may exercise any of 
 such powers. 
 
 As to the provision by a Local Education Authority of sufficient 
 public school accommodation, see sees. 7 and 18 and notes on those 
 sections. 
 
 With regard to the duty which devolves on the Local Education 
 Authority of maintaining and keeping efficient public elementary 
 schools within their area which are necessary, see 2 Edw. 7, c. 42, 
 sees. 7 and 16, ante. 
 
 For definition of " schoolhouse," see sec. 3. 
 
 With respect to the use by the Local Education Authority of school 
 furniture and apparatus belonging to the trustees or managers of a 
 public elementary school not provided by the Local Education 
 Authority, see 2 Edw. 7, c. 42, Second Schedule (14). 
 
 As regards the power of a Local Education Authority to borrow for 
 the provision of school accommodation, see sec. 19 of 2 Edw. 7, c. 42, 
 ante. 
 
 As to the powers of a Local Education Authority with regard to the 
 purchase of land, &c., see sec. 20. 
 
 The 41 & 42 Viet., c. 42 (an Act to amend and further extend the 
 Acts for the Commutation of Tithes in England and Wales), provides 
 that in all cases where land charged with rent-charge in lieu of tithes 
 is taken for the erection of any school under the Elementary Educa- 
 tion Act, or the enlarging and improving of the premises or buildings 
 occupied or used as a school under that Act, the persons proposing to 
 carry out the works, buildings or improvements shall as soon as they 
 are in possession of the land, and before the land is applied to the 
 purpose, apply to the Tithe Commissioners to order the redemption 
 of the rent-charge for a sum of money equal to twenty-five times the 
 amount thereof ; and that the redemption money with the expenses 
 incident to the redemption shall be paid to the commissioners within 
 a time to be fixed by such order or within any enlarged time the com- 
 missioners may appoint, such money to be applied by the commis- 
 sioners in the manner provided by the Tithe Commutation Acts. For 
 the purposes of this enactment the Board of Agriculture are now 
 substituted for the Tithe Commissioners. 
 
 As to the rules which the Board of Education have laid down 
 with regard to the planning and fitting up of public elementary schools, 
 see note to sec. 5. 
 
 The Local Government Board have in several instances sanctioned 
 the produce of the sale of parish property being applied towards 
 defraying the cost of the establishment by school boards of public 
 elementary schools, where the parish has been free from debt in 
 respect of workhouse buildings. 
 
 With respect to the provision of school accommodation for blind and 
 deaf children, see 56 & 57 Viet., c. 42, post, and for defective and 
 epileptic children, see 62 & 63 Viet., c. 32, post. 
 
 The Law Officers of the Crown (Sir R. Baggallay and Sir J. Holker) 
 advised that a school board could with the view of maintaining the 
 efficiency of a public elementary school, devote a portion of their 
 funds to the purchase of books for prizes. With regard to prizes for 
 school attendance, the Education Department stated that whilst they 
 offered no objection to prizes given to a few of the most regular 
 scholars, and had reason to believe that the Local Government Board,
 
 33 & 34 VICT., c. 75, SEC. 19. 221 
 
 through its auditors, held that a school board could legally award a 
 reasonable number of prizes to such scholars as have attended best, 
 such an award to all children who have attended a certain minimum 
 number of times would not be legal. 
 
 In a case in which an auditor disallowed in the accounts of a 
 school board the cost of medals with clasps, given by the school 
 board to children in the school who had been selected as deserving 
 of reward for good attendance and diligence in their school work, 
 the Local Government Board on appeal reversed the auditor's 
 decision. 
 
 As to the use by the Local Education Authority of any room in a 
 schoolhouse, in the case of a school not provided by the Local 
 Education Authority, out of school hours for any educational purpose, 
 when they have no suitable accommodation in schools provided by 
 them, see 2 Edw. 7, c. 42, sec. 7 (i) (e) and (2), ante. 
 
 With regard to the use of schoolrooms for parliamentary elections, 
 the Ballot Act, 1872 (35 & 36 Viet., c. 33), provides that the returning 
 officer at a parliamentary election may use, free of charge, for the 
 purpose of taking the poll, any room in a school receiving a grant out 
 of moneys provided by Parliament ; but he is to make good any 
 expense incurred by the person or body of persons having control over 
 the same on account of its being used for taking the poll as aforesaid. 
 There is no similar provision with regard to municipal elections, but 
 the Local Government Act, 1888 (51 & 52 Viet., c. 41), by sec. 75, 
 makes the provision above referred to in the Ballot Act applicable to 
 elections of County Councillors under the Local Government Act, 1888, 
 and further provides that the returning officer may use the rooms free 
 of charge for hearing objections to nomination papers and for counting 
 votes in the case of such elections. The Local Government Act, 
 1894, by sec. 48 (3) provides to the same effect with respect to elections 
 of Guardians, Urban and Rural District Councillors, and Parish 
 Councillors, and other elections under that Act. 
 
 With respect to the use of a public elementary school in receipt of 
 an annual parliamentary grant as a committee room for the purpose 
 of promoting the election of a candidate at a parliamentary election, 
 sec. 20 of the Corrupt and Illegal Practices Prevention Act, 1883 (46 
 & 47 Viet., c. 51), provides that "The premises of any public 
 elementary school in receipt of an annual parliamentary grant, or any 
 part of any such premises shall not be used as a committee room for 
 the purpose of promoting or procuring the election of a candidate at 
 an election, and if any person hires or uses any such premises or any 
 part thereof for a committee room, he shall be guilty of illegal hiring, 
 and the person letting such premises or part, if he knew it was intended 
 to use the same as a committee room, shall also be guilty of illegal 
 hiring." As regards the definition of " committee room," it is provided 
 by sec. 64 that no room or building is to be deemed to be a committee 
 room for the purposes of the Act by reason only of the candidate or 
 any agent of the candidate addressing therein electors, committee 
 men, or others. A person guilty of the offence of illegal hiring is, on 
 summary conviction, liable to a fine not exceeding ioo/. A candidate, 
 or an election agent of a candidate, who is personally guilty of an 
 offence of illegal hiring, is to be deemed guilty of an illegal practice, 
 and a person guilty of an illegal practice is, on conviction, liable to a 
 fine not exceeding ioo/., and is incapable, during 4 period of five 
 years from the date of his conviction, of being registered as an elector,
 
 222 ELEMENTARY EDUCATION ACT, iS/O. 
 
 or voting at any election, whether it be a parliamentary election or an 
 election for a public office held for or within the county or borough in 
 which the illegal practice has been committed. 
 
 In Cheshire v. School Board for West Bromivich, which came before 
 the Master of the Rolls on the 5th December, 1878, the plaintiff 
 applied for an injunction to restrain the school board from allowing a 
 public meeting of Liberals to be held in the board school, and from 
 otherwise using the school for meetings of a political or party character. 
 The plaintiff in an affidavit stated that, owing to the excited state of 
 party feeling in West Bromwich, there was every probability that there 
 would be considerable disturbance and riot at the meeting, and that 
 the schoolhouse would, probably, be greatly damaged. The Master 
 of the Rolls said that two questions were raised first, as to the title 
 of the plaintiff to sue ; and, secondly, whether under the various Acts 
 a school board had the right to utilize their schoolhouse when not 
 wanted for school purposes. These questions were far too serious to 
 decide on an interlocutory application. The evidence as to injury 
 was far too problematical for him to act upon. It was only an 
 apprehended damage which might never, and he hoped would not, 
 occur. But even if there were any damage done to the structure, the 
 members of the school board would be liable personally if they had 
 been parties to an illegal user of the school, and, in the next place, 
 the persons hiring the school would be responsible ; and it would only 
 be in case of the inability of all these persons to pay for the damage 
 that the burden would fall on the rates. 
 
 The Allotments Act, 1890 (53 & 54 Viet., c. 65), by sec. 5, provides 
 as follows with regard to the use of rooms in schools receiving Parlia- 
 mentary grants in connection with the question of allotments : " Any 
 room in a school receiving a grant out of moneys provided by Parlia- 
 ment may, except during ordinary school hours, be used free of 
 charge for the purpose of an inquiry under this Act, or for the purposes 
 of this Act by the county council or any committee appointed under 
 this Act, or, with the consent of any two managers, for the purpose of 
 holding public meetings to discuss any question relating to allotments 
 under this Act or the principal Act, but any damage done to the room 
 and any expense incurred by the person or persons having control 
 over the room on account of its being so used shall be paid by the 
 county council or by the persons calling the meeting. Nothing in this 
 section shall give any right to hold a public meeting in a schoolroom 
 (a) unless not less than six days before the meeting a notice of the in- 
 tention to hold the meeting on the day and at the time specified in the 
 notice, signed by the persons calling the meeting, being not less than 
 six in number, and being persons qualified to make a representation to 
 the local authority under the principal Act, has been given, if the 
 school is under a school board, to the clerk of the board, and in any 
 other case to one of the managers of the school ; nor () if the use of 
 the schoolroom on the said day and at the said time has previously 
 to the receipt of the notice of the meeting been granted for some other 
 purpose ; but in that case the clerk or manager, or some one on his 
 behalf, shall forthwith, after the receipt of the notice, inform in writing 
 one of the persons signing it that the use of the school has been so 
 granted for some other purpose, and name some other day on which 
 the schoolroom can be used for the meeting. If the persons calling 
 the meeting fail to obtain the use of a schoolroom under this section,
 
 33 & 34 VICT, c. 75, SEC. 19. 223 
 
 they may appeal to the -standing committee under this Act [i.e. the 
 standing committee appointed by the county council with reference to 
 allotments], and the committee shall forthwith decide the appeal and 
 make such order respecting the use of the room as seems just." 
 
 In connection with the reference to a school board in the above 
 enactment, see 2 Edw. 7, c. 42, Third Schedule (10), ante. 
 
 As regards the use of schoolrooms in public elementary schools in 
 a rural parish, i.e. in a parish in the district of a rural district council, 
 by parochial electors and parish councils, the Local Government Act, 
 1894 (56 & 57 Viet., c. 73), by sec. 4, provides as follows : 
 
 " 4. (i.) In any rural parish in which there is no suitable public 
 room vested in the parish council or in the chairman of a parish 
 meeting and the overseers which can be used free of charge for the 
 purposes in this section mentioned, the parochial electors and the 
 parish council shall be entitled to use, free of charge, at all reasonable 
 times, and after reasonable notice, for the purpose of 
 
 (a) the parish meeting or any meeting of the parish council ; or 
 
 (b) any inquiry for parochial purposes by the Local Government 
 
 Board or any other Government department or local authority; 
 or 
 
 (c) holding meetings convened by the chairman of the parish 
 
 meeting or by the parish council, or if as to allotments in the 
 manner prescribed by the Allotments Act, 1890, or otherwise 
 as the Local Government Board may by rule prescribe, to 
 discuss any question relating to allotments, under the Allot- 
 ments Acts, 1887 and 1890, or under this Act ; or 
 ((f) the candidature of any person for the district council or the 
 
 parish council ; or 
 
 (e) any committee or officer appointed, either by the parish 
 meeting or council or by a county or district council to 
 administer public funds within or for the purposes of the 
 parish 
 
 any suitable room in the schoolhouse of any public elementary school 
 receiving a grant out of moneys provided by Parliament, and any 
 suitable room the expense of maintaining which is payable out of any 
 local rate : 
 
 " Provided that this enactment shall not authorize the use of any room 
 used as part of a private dwelling-house, nor authorize any interference 
 with the school hours of an elementary day or evening school, nor, in 
 the case of a room used for the administration of justice or police, 
 with the hours during which it is used for these purposes. 
 
 " (2.) If, by reason of the use of the room for any of the said 
 purposes, any expense is incurred by the persons having control over 
 the room, or any damage is done to the room or to the building of 
 which the room is part or its appurtenances, or the furniture of the 
 room or the apparatus for instruction, the expense or damage shall be 
 defrayed as part of the expenses of the parish meeting or parish 
 council or inquiry as the case may be ; but when the meeting is called 
 for the purpose of the candidature of any person, such expense or 
 damage shall be reimbursed to the parish meeting or the parish 
 council by the persons by whom or on whose behalf the meeting is 
 convened. 
 
 " (3.) If any question arises under this section as to what is reason- 
 able or suitable, it may be determined, in the case of a schoolhouse, 
 by the Board of Education, in the case of a room used for the
 
 224 ELEMENTARY EDUCATION ACT, iS/O. 
 
 administration of justice or police, by a Secretary of State, and in any 
 other case by the Local Government Board." 
 
 It will be seen that in the case of a schoolhouse the duty is imposed 
 upon the Board of Education of settling any question arising under 
 the section as to what is " reasonable " or " suitable," that is to say, 
 whether (i) the time for which the use of a room is required, and (2) 
 the notice given of intention to use it, is reasonable; and whether the 
 particular room, the use of which is required, is suitable for the 
 purpose in view. 
 
 With respect to what is reasonable time, the Education Department 
 in a circular letter dated the 3Oth November, 1894, stated: " It is 
 expressly declared by the proviso appended to sub-section (i) that 
 nothing shall authorize any interference with the school hours of an 
 elementary day or evening school. The first use of a schoolroom is 
 for education, and in requiring the use of a room for any of the pur- 
 poses enumerated in the section, especial care should be taken to 
 select a time which will cause no inconvenience, or the very least 
 possible, to the persons responsible for the due conduct of the day or 
 evening school. The same care should be taken in cases where classes 
 are conducted at fixed times in the schoolroom in connection with the 
 technical education committees of county councils. In deciding what 
 is 'reasonable time,' the Department, if appealed to for a decision, will 
 be largely influenced by the consideration whether in any particular 
 case efforts have been made to avoid unnecessary difficulty and 
 friction. On the one hand the parish council and parochial electors 
 should do all that is possible to avoid asking to have the use of a room 
 at a time when it is known to be really required for other purposes. 
 On the other hand the persons having control over the room will be 
 acting for the convenience of the parish, if they will take care to make 
 known at what times they require the room for their own use and at 
 what times it will be ordinarily available for use by the parish council 
 or parochial electors if so required under sec. 4." 
 
 With respect to what is reasonable notice, the Education Department 
 stated : " They regarded the question as relating principally to the 
 length of time intervening between the receipt of the notice by the 
 persons having the right to dispose of the school, and the date for 
 which the use of the school is required. The Department considered 
 that, except as regards some meetings of parish councils, the notice 
 should be served in no case less than seven clear days before the date 
 named, and that in most cases longer notice, as a rule not less than 
 fourteen days' notice, should be given. It will be observed that not 
 less than seven clear days' notice is required by Schedule I., Part I., 
 Rule 2, of the Local Government Act, 1894, before any parish meet- 
 ing can be held. As regards some meetings of parish councils, a 
 shorter notice may suffice. By Schedule I., Part II., Rule 5, of the 
 Act, notice of a meeting of a parish council must be given at least 
 three clear days beforehand. It is probable that, on most occasions, 
 the parish council will only require for its meetings a class-room, if 
 there is one attached to the school, and in any case the preparation of 
 a room for the limited number of persons who will be members of the 
 parish council will not cause much inconvenience. The Department 
 therefore, thought that three clear days' notice will be ordinarily suffi- 
 cient for a special parish council meeting, but longer notice should, 
 as a general rule, be given. As regards the four regular statutory 
 meetings of the parish council, including the ' annual meeting,' an 
 endeavour should be made to fix the dates at the beginning of each
 
 33 & 34 VICT., c. 75, SEC. 19. 225 
 
 year, and to give formal notice of them to the school managers, so 
 soon as the dates are fixed. In the case of each of these regular 
 meetings fourteen clear days' notice should be given. Notices will be 
 considered to run, in the case of board schools, from the service of a 
 properly addressed notice at the regular place of business, or residence, 
 of the chairman or clerk of the school board, and in the case of 
 schools not provided by school boards, from the service of a notice 
 addressed to the school managers, at the schools in which the room is 
 required. Arrangements should, of course, be made by the persons 
 having the disposal of the schools for the immediate transmission to 
 the proper quarter of any such notice. Unless notice is served as 
 above indicated, the Department will not hold it to be reasonable 
 notice under the section." 
 
 As regards the question what is a suitable room, the Education 
 Department stated : " They do not apprehend that any serious diffi- 
 culty is likely to arise as to the suitability of the room, since it is 
 specially declared at the end of sub-section (i) that the use of any 
 room used as part of a private dwelling-house is not authorized by the 
 section. Any questions as to suitability will, therefore, be confined to 
 demands to use one room or another in the school proper, exclusive 
 of the teacher's residence." 
 
 With reference to the use of a room under sec. 4(1) (d) for the can- 
 didature of any person for the district council or the parish council, 
 the Act provides that the room can be used by (a) the parish council ; 
 and (b) the parochial electors. The Education Department were 
 advised by the Law Officers of the Crown with regard to such use by 
 the parochial electors that the notice to be given to the persons having 
 control over the room should proceed from the parochial electors and 
 not from the candidate, and that the right to use the room is not a 
 right of the candidate, but a right of the electors or the council. The 
 Law Officers further advised that the expression " parochial electors" 
 means, not any section or majority of such electors, but the body as a 
 whole, that is to say, acting as a parish meeting, and that the only 
 way for the parochial electors to demand the use of the room is by 
 notice given pursuant to a resolution at a parish meeting. 
 
 Schools provided by school boards were held to be liable to assess- 
 ment to the poor rate and other local rates. In R. v. West Bromivich 
 School Board (L. R. 13 Q. B. D. 929 ; 53 L. J. M. C. 153 ; 52 L. T. 
 164 ; 32 W. R. 866), the question was raised as to the assessment of 
 a board school, and in the Court of Appeal it was held (affirming the 
 judgment of Coleridge, C.J., Stephen and Mathew, JJ.), that the de- 
 cision of the House of Lords in Jones v. Mersey Docks and Harbour 
 Board, and Mersey Docks and Harbour Board v. Cameron (35 L. J., 
 N. s., M. C. i ; 12 L. T., N. s., 643 ; n Jur., N. s., 746), to the effect 
 that all premises of any value and capable of occupation are rateable, 
 applied, there being nothing in the statute to confer any exemption 
 from assessment in the case of board schools. 
 
 There is no exemption from rating in the case of schools provided 
 by a Local Education Authority. 
 
 The principle on which a school which had been provided by a 
 school board should be rated was discussed in The Overseers of the 
 Poor of Chorlton-upon-Medlock v. The Guardians of the Chorlton 
 Union and the Overseers of Ardiuick (51 L. J., N. s., 458 ; 47 L. T., 
 N. S., 96). In that case it appeared that the school board for Man- 
 chester purchased 3630 square yards of land for 22347., and erected
 
 226 ELEMENTARY EDUCATION ACT, 1870. 
 
 thereon school buildings at a cost of 89457. The money required was 
 obtained upon loan from the Public Works Loan Commissioners, at 
 the rate of 3^ per cent, per annum interest. The buildings accommo- 
 dated 1 300 scholars at the standard of eight square feet per child. The 
 maximum fee per scholar chargeable by the school board was nine- 
 pence per week. The fees actually charged were senior department, 
 4</. per week ; junior department, ^d. per week ; infants' department, 
 2d. per week. The average annual cost of repairs, insurance, &c., was 
 46/. Any loss arising in the occupation and carrying on of the schools 
 was made up by a charge upon the borough rate, and equally dis- 
 tributed according to rateable value over all the townships within the 
 city. The school board accounts for the year 1881, in respect of these 
 schools, showed income, i^6gl. ; expenditure, 14767. ; loss made 
 up by rate, jl. Profit in a commercial sense was impossible. The 
 Recorder of Manchester having held on an appeal that the restricted 
 profits of the occupier must determine the amount of the rateable 
 value, the assessment committee, in a new valuation list, entered the 
 school premises at a nominal value. Four modes of estimating the 
 rateable value were suggested for the consideration of the Court : 
 (i.) The annual interest actually paid on the money borrowed and 
 expended in the purchase or erection. (2.) The annual rent which a 
 contractor would require if he erected the premises as they stood for 
 the purposes for which they were used. (3.) The amount of rent 
 which a tenant unfettered as to uses, and unrestricted as to charges, 
 would give if the premises were in the market ; and (4.) The annual 
 profit which the school board make or can make. The Court held 
 that the third alternative indicated the principle upon which the 
 property was to be assessed, and that the rateable value was to be 
 based on the amount of rent which it was estimated that a tenant 
 unfettered as to uses and unfettered as to charges would give, if the 
 premises were in the market. 
 
 In the subsequent case of The London School Board, appellants, 
 v. The Assessment Committee of St. Leonard's, Shoreditch, respondents 
 (L. R. 17 Q. B. D. 738; 55 L. J. M. C. 33, 169; 55 L. T. 384; 
 34 W. R. 583), the question as to the principle on which a school 
 provided by a school board should be assessed was again raised. 
 The school was assessed at 1 1 5<D/. rateable value. The assessment 
 was arrived at by calculating the annual value of the land at \l. per 
 cent, on its original cost, and the annual value of the buildings at 5/. 
 per cent, on their estimated cost. It was proved before the Court of 
 Assessment Sessions, that the price paid for the land and buildings 
 was fair and reasonable, and that there had been no extravagance or 
 unnecessary outlay, but profit in a commercial sense could not be 
 made by the school board as tenants of the schools, and that it the 
 schools were then in the market to be let to a tenant as schools 
 subject to the restrictions imposed by the Education Department 
 acting under their statutory powers a tenant could not be found who 
 would be willing to take them. The Court of General Assessment 
 Sessions, being of opinion that the school board ought not to be 
 excluded from the number of hypothetical tenants who might be 
 willing to rent the premises, decided in favour of the respondents, 
 but reduced the rateable value to i ioo/. The Divisional Court 
 (Cave and Wills, JJ.) decided in favour of the respondents, affirming 
 the Order of Sessions. The Court of Appeal affirmed the decision 
 of the Divisional Court, holding that in assessing the school premises
 
 33 & 34 VICT., c. 75, SEC. 19. 227 
 
 the school board ought to be considered as a possible tenant, and 
 that the gross and rateable values should be calculated on the rent 
 which any tenant, including the school board, might reasonably be 
 expected to pay for the premises for use as a school. 
 
 In The School Board for London v. The Assessment Committee of 
 the Wandsivorth and Clapham Union, 16 T. L. R. 137, which came 
 before the Queen's Bench Division in January, 1900, on a case 
 stated by Justices of London sitting in Quarter Sessions, it appeared 
 that a school erected by the school board was included in a 
 supplemental valuation list for the. parish of Clapham, at a gross 
 value of J074/. and a rateable value of 8957. The gross value was 
 arrived at by adding 4 per cent, on the sum given by the board as the 
 value of the land on which the school was built to 5 per cent, on the 
 sum given by the board as the capital value of the buildings. The 
 Court of Quarter Sessions confirmed the assessment. It was found 
 by the case that the buildings were more suitable for educational 
 purposes than for any other, and that though they might be occupied 
 for purposes other than those of a school they would not be so 
 convenient for any such purposes without alterations, but that if the 
 buildings were vacant, a tenant or tenants could be found to give on 
 an annual letting a rent sufficient to support the assessment. The 
 case further stated that the school board had borrowed the money for 
 purchasing the land which formed the site of the school and for 
 building the school at the rate of 2/. 13^. per cent. It was argued 
 for the school board that the proper principle of assessment was to 
 take as the gross value the rate per cent, on the capital value of the 
 land and buildings at which the school board would be able to borrow 
 money for the purpose of purchasing such land and erecting such 
 buildings. In the present case that rate per cent, would be 2/. 13^., 
 not 4/. per cent, or 5/. per cent, which the assessment committee had 
 adopted. The Court (Grantham and Channell, JJ.) dismissed the 
 appeal. Mr. Justice Grantham said : " It might just as well be said 
 that if a person interested in education were to lend money for a 
 school to the school board at i per cent., then the gross value of such 
 a school would be arrived at by taking i percent, of the capital value, 
 or that if money were lent for the purpose free of interest altogether, 
 then the school should be valued at nothing at all." 
 
 In a case where a school board claimed that they were not liable to 
 assessment to the income tax in respect of their offices on the ground 
 that rule 6 in sec. 61 of the Income Tax Act, 1842, provides that 
 allowance shall be made for the duties charged on any public school 
 in respect of the offices belonging to such school, the Board of Inland 
 Revenue stated that it appeared that the building occupied and used 
 as offices by the school board was not in any way connected with or 
 attached to any of the board schools of the district for the use of the 
 scholars, and that under these circumstances in the opinion of the 
 Board of Inland Revenue the premises were not of the character 
 described by the word " offices " in the Act referred to, and that the 
 school board were not entitled to the exemption claimed. 
 
 It is to be observed that there is an exemption from rating in the 
 case of public elementary schools not provided by a Local Education 
 Authority. The Voluntary Schools Act, 1897 (60 Viet., c. 5, post], 
 provides that " no person shall be assessed or rated to or for any 
 local rate in respect of any land or buildings used exclusively or 
 mainly for the purposes of the schoolrooms, offices, or playground
 
 228 ELEMENTARY EDUCATION ACT, iS/O. 
 
 of a voluntary school, except to the extent of any profit derived by 
 the managers of the school from the letting thereof.'"' 
 
 In Trustees of the Jews Deaf and Dumb Home, Wandsworth v. 
 Wandsworth and Clapham Union Assessment Committee, 65 J. P. 
 137, which came before the County of London Quarter Sessions in 
 February, 1901, the Trustees claimed that under sec. 3 of the Volun- 
 tary Schools Act, 1897, they were only liable to be assessed in respect 
 of so much of the premises occupied as a Deaf and Dumb Home as 
 were not used exclusively or mainly for the purposes of schoolrooms, 
 offices, or playgrounds. The income of the institution was partly 
 from voluntary subscriptions and donations. The trustees also received 
 contributions from the London School Board and other school boards 
 and a grant from the Board of Education under the Elementary 
 Education (Blind and Deaf Children) Act, 1893, in respect of the 
 reception, maintenance, and education by them of children sent to 
 the home under that Act. The home was certified for the education, 
 boarding, and lodging of 54 deaf children of both sexes, and for the 
 education of 20 of such children as day pupils. All the children in 
 the home, except 3, were sent by school boards. The appeal of the 
 trustees was dismissed. 
 
 There is no exemption from liability to assessment in the case of 
 Certified Industrial Schools (/?. v. West Derby, 44 L. J. M. C. 98 ; 
 32 L. T., N. s., 400 ; County of Durham v. Chester le Street Assess- 
 ment Committee, 63 L. T. 461), or in the case of Reformatory Schools 
 (Tunnicliffe v. Overseers of Birkdale, L. R. 20 Q. B. D. 450 ; 57 
 L. J. M. C. 109 ; 59 L. T., N. S., 190 ; 36 W. R. 360). 
 
 As to the rating of Sunday and ragged schools, see 32 & 33 Viet., 
 c. 40, and Bell v. Crane (L. R. 8 Q. B. 481 ; 42 L. J. M. C. 122). 
 
 With regard to private street expenses under sec. 150 of the Public 
 Health Act, 1875, where a school abuts on a highway not repairable 
 by the inhabitants at large, it was held by Mr. Justice Kekewich, in 
 Hornsey District Council v. Smith ([1896] 2 Ch. 254; 65 L. J. Ch. 
 579; 74 L. T. 415 ; 44 W. R. 96) that the trustees of school premises 
 erected on glebe land which was conveyed to them under sec. 6 of the 
 School Sites Act, 1841, to be applied as a site for a school for poor 
 persons of the parish and for no other purpose whatever, are " owners " 
 within the meaning of sec. 4 of the Public Health Act, 1875 ; that 
 when the trustees had made default in payment of the amount due to 
 a district council in respect of private street paving works, they were 
 liable under sec. 257 of the Act to a declaration by the Court that the 
 amount so due from the trustees, together with interest, was a charge 
 on the land and school buildings, and that the amount might be 
 raised by sale or mortgage of the premises free from incumbrances 
 and the trusts of the school. The trustees appealed against this 
 judgment, and the Court of Appeal (Lindley, A. L. Smith, and Rigby, 
 L.JJ.) confirmed the decision of Mr. Justice Kekewich as regards 
 the district council having a charge upon the premises, but held that 
 the order for sale must be set aside on the ground that as long as the 
 premises remained a site for the school and were used as such, the 
 Court by ordering a sale would be acting in direct contravention of 
 the special legislation of 1841. It was at the same time stated that 
 the district council had a remedy against the trustees under the Public 
 Health Act, 1875, but that the time for the exercise of this remedy 
 had in this case expired ([1897] i C. D. 865 ; 45 W. R. 231).
 
 33 & 34 VICT., c. 75, SEC. 20. 229 
 
 Compulsory Purchase of Sites. Regulations as to the 
 Purchase of Land compulsorily. 
 
 20. With respect to the purchase of land by school 
 boards for the purposes of this Act the following provisions 
 shall have effect (that is to say) : 
 
 (i.) The Lands Clauses Consolidation Act, 1845, and 
 the Acts amending the same, shall be incorpo- 
 rated 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 include any right over 
 land : (i) 
 
 (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 otherwise than by 
 agreement, shall 
 
 Publication of Notices. 
 
 (a.) Publish, during three consecutive 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 ; (2) and shall further, 
 
 Service of Notices. 
 
 (b.) After such publication, serve a notice in 
 manner mentioned in this section on 
 every owner or reputed owner, lessee 
 or reputed lessee, and occupier of such 
 land, defining in each case the particular 
 land intended to be taken, and requiring 
 an answer stating whether the person so 
 served assents, dissents, or is neuter in 
 respect of taking such land ; (3)
 
 230 ELEMENTARY EDUCATION ACT, iS/O. 
 
 (c.) Such notice shall be served 
 
 (.) By delivery of the same personally on 
 the person required to be served, or, 
 if such person is absent abroad, to his 
 agent (4) ; 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 Education Department. 
 
 (3.) Upon compliance with the provisions contained in 
 this section with respect to notices 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 occupiers 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 such evidence as the Education 
 Department may from time to time require : (5) 
 
 (4.) If, on consideration of the petition and proof of the 
 publication and service of the proper notices, the 
 Education Department think fit to proceed with 
 the case, they may, if they think fit, 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 : 
 
 (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, authorizing 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
 
 33 & 34 VICT., c. 75, SEC. 20. 231 
 
 the purchase and taking of land otherwise than 
 by agreement, or any of them, and either abso- 
 lutely or with such conditions 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 : (6) 
 
 No Order valid until confirmed by Parliament. 
 
 (6.) No order so made shall be of any validity unless the 
 same has been confirmed by Act of Parliament ; 
 and it shall be lawful for the Education Depart- 
 ment, as soon as conveniently may be, to obtain 
 such confirmation, and the Act confirming such 
 order shall be deemed to be a public general Act 
 of Parliament : (7) 
 
 (7.) The Education Department, in case of their refusing 
 or modifying such order, may make such order 
 as they think fit for the allowance of the costs, 
 charges, and expenses of any person whose land 
 is proposed to be taken of and incident to such 
 application and inquiry respectively : 
 
 Costs how to be defrayed. 
 
 (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 Majesty's Treasury think 
 proper to direct, and all costs, charges, and ex- 
 penses 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 (8), and be 
 repaid to the said Commissioners of Her Majesty's 
 Treasury or to such person respectively, by annual 
 instalments not exceeding five, together with 
 interest after the yearly rate of five pounds in the 
 hundred to be computed from the date of any 
 such direction of the said Commissioners, or 
 allowance of such costs, charges, and expenses
 
 232 ELEMENTARY EDUCATION ACT, iS/O. 
 
 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 Acts 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. (9) 
 
 (i) As to proposals for the erection of new schools or the enlarge- 
 ment of schools by Local Education Authorities, appeals against such 
 proposals and the decision of the Board of Education thereon, see 
 sees. 8 & 9 of 2 Edw. 7, c. 42, ante. 
 
 The Lands Clauses Consolidation Act, 1845, an d amending Acts 
 are the 8 Viet., c. 18 ; 23 & 24 Viet., c. 106 ; 32 & 33 Viet., c. 18 ; 
 and 46 & 47 Viet., c. 15. It will be observed that the section only 
 applies to lands required by Local Education Authorities. Sec. 21, 
 however, contains provisions with regard to the purchase of lands 
 required for a public elementary school not provided by the Local 
 Education Authority. 
 
 The 36 & 37 Viet., c. 86, sec. \t^post, provides that for the purchase 
 of land otherwise than by agreement, the Act confirming the order of 
 the Board of Education for the purchase, together with this Act, is to 
 be deemed the '' Special Act." 
 
 Under the clauses relating to the purchase of lands by agreement, 
 parties under disability are empowered to sell and convey the lands 
 or interest in lands required. The compensation to be paid to persons 
 under disability, unless the amount has been determined by the 
 verdict of a jury or by arbitration, or by a surveyor appointed by two 
 justices under the Act, is not to be less than shall be determined by 
 the valuation of two able practical surveyors, one being nominated by 
 each of the parties, or if the two surveyors cannot agree, by the valua- 
 tion of any such third surveyor as any two justices shall for that 
 purpose nominate. 
 
 When land is purchased otherwise than by agreement, that is to say, 
 compulsorily, if the compensation claimed does not exceed 5o/., the 
 claim may be settled by two justices ; when the compensation claimed 
 or offered exceeds 5o/., if the party claiming the compensation so 
 desire it, the claim may be settled by arbitration, and if not, by the 
 verdict of a jury. If the amount of compensation is to be determined 
 by arbitration, unless both parties concur in the appointment of one 
 arbitrator, each party is to appoint an arbitrator, and the arbitrators 
 are to appoint an umpire. When the question is to be determined by 
 the verdict of a jury, the jury is be summoned by the sheriff, who is to 
 preside at the inquiry. Either party may require that the question 
 shall be tried by a special jury. In the case of a person who has no 
 greater interest than as tenant for a year, or from year to year, the 
 amount of compensation, if the parties differ, may be settled by two 
 justices. The purchase of land otherwise than by agreement can only 
 be made when an order has been issued by the Board of Education 
 authorizing the purchase, as provided by this section, and has been 
 confirmed by Parliament.
 
 33 & 34 VICT., c. 75, SEC. 20. 233 
 
 As to the right of way over other lands of the vendor when the con- 
 tract for the sale to a school board of certain lands with all that was 
 appurtenant or appendant to them, contained no reference to an 
 alleged right of way, see Bolton v. Bolton (L. R. n Ch. D. 968 ; 48 
 L. J. Ch. 467 ; 40 L. T., N. S., 582). 
 
 (2) The Board of Education stated that unless a special order had 
 been issued by the Board prescribing the manner of publication 
 required by this section the publication must be made in the manner 
 prescribed by sec. 20 of the 36 37 Viet., c. 86, post, i.e., by adver- 
 tisement, and by affixing notices on the church and other doors. 
 These two methods of publication should be as nearly as possible 
 concurrent. As to publication in newspapers, the Board of Education, 
 referring to school boards other than the school board for London, 
 stated that they were satisfied with publication by advertisement in 
 one or more weekly newspapers circulating in the district of the 
 school board, if the publication had been completed during three 
 consecutive weeks in the months of October and November, or either 
 of them (e.g., advertisement in one or more newspapers on the gth, 
 i6th, and 23rd of November would be accepted). 
 
 It will be observed that a plan is to be deposited, and in connection 
 with this provision attention must be given to the requirements of the 
 Standing Orders of Parliament. No. 39 of the Standing Orders of 
 the House of Commons is as follows : " Whenever plans, sections, 
 books of reference, or maps are deposited in the case of an applica- 
 tion to any public department for a provisional order, duplicates of 
 the said documents shall also be deposited in the Private Bill Office ; 
 provided that with regard to such deposits as are so made at any public 
 department . . . after the prorogation of Parliament, and before the 
 3Oth day of November in any year, such duplicates shall be so de- 
 posited on or before the 3oth day of November." There is a Standing 
 Order of the House of Lords to the same effect, with the substitution 
 of " the office of the Clerk of the Parliaments " for the " Private Bill 
 Office." The Standing Orders contain provisions as to the form in 
 which plans, books of reference, c., are to be prepared. 
 
 When it is proposed to obtain powers to take compulsorily in any 
 parish in the metropolis twenty or more houses, or as regards England 
 and Wales, exclusive of the metropolis, in any city, borough, or 
 other urban district, or in any parish or part of a parish not being 
 within an urban district, ten or more houses occupied either wholly 
 or partially by persons belonging to the labouring class, whether as 
 tenants or lodgers, Standing Orders Nos. 38 and 183 (a) of the House 
 of Commons and the corresponding Standing Orders of the House 
 of Lords should be referred to, and their requirements complied 
 with. 
 
 The expression " labouring class " means mechanics, artisans, 
 labourers and others working for wages, hawkers, costermongers, 
 persons not working for wages, but working at some trade or handi- 
 craft without employing others except members of their own family, 
 and persons other than domestic servants, whose income does not 
 exceed an average of thirty shillings a week, and the families of any 
 such persons who may be residing with them. 
 
 (3) The word "owner" under the 8 Viet., c. 18, sec. 3, is to be 
 understood to mean any person or corporation who, under that or the 
 Special Act, would be enabled to sell and convey lands to the 
 
 R
 
 234 ELEMENTARY EDUCATION ACT, iS/O. 
 
 promoters of the undertaking. That statute does not contain any 
 reference to "reputed owners." 
 
 (4) The words " absent abroad " are no doubt intended to signify in 
 foreign parts. In the 8 Viet., c. 18, sec. 19, the words used are 
 "absent from the United Kingdom." In some cases it may be 
 difficult to determine who is the agent of a person absent abroad. 
 Under the 8 Viet., c. 18, in the case of a person absent from the 
 United Kingdom the notice under that Act is to be served upon 
 the occupier of the land, or to be affixed upon some conspicuous part 
 of the land. 
 
 (5) The petition should be presented to the Board of Education as 
 early as possible in January, in order that the Provisional Order may 
 be confirmed in the following Session. 
 
 The petition must state precisely the purpose for which the land is 
 required, and the other matters which are required by sec. 20 to be 
 stated, and should be accompanied by plans. 
 
 If more than one site is referred to in the same petition, the purpose 
 must be stated separately for each site, being set forth in a schedule 
 and numbered to correspond with the plans, and the plans of each 
 site should be on separate papers. The petition need not be 
 engrossed, and may be written on ordinary foolscap paper. In a 
 letter accompanying the petition reference must be made in respect 
 of each site included in the petition to the official correspondence 
 previously had with the Board of Education as to the supply of the 
 accommodation for which the site is required. 
 
 When the petition is presented to the Board of Education the 
 following documents are required as evidence in support of the 
 petition. () A Statutory Declaration stating when, and in what 
 newspapers, the notice was advertised, with a copy of the paper 
 annexed as an exhibit. The declaration must also show that a copy 
 of the notice was affixed on the church and other doors according to 
 sec. 20 of the Elementary Education Act, 1873 ; and (b) a similar 
 declaration setting forth the service of the several notices upon the 
 different parties and their answers. Each of these declarations 
 requires a stamp (is. 6d.). 
 
 The Board require to be informed that at the same time as the 
 deposit of the petition was made with them the Standing Orders of 
 the Houses of Parliament had been complied with. 
 
 The following further evidence will be required in support of the 
 petition (a) Evidence that the purchase of land is necessary in 
 order to supply a deficiency of school accommodation, or for other 
 purposes of the Elementary Education Acts, (b} Evidence that a 
 plan of the land to be purchased has been submitted to, and approved 
 by the Board of Education ; and (c) Evidence that the land so required 
 cannot be purchased by voluntary agreement. 
 
 With regard to a public inquiry, see sec. 73. 
 
 (6) See ante, sub-sec. 2 (b) and (c). 
 
 If the petition is complied with, and the order made, a copy of the 
 order must be served on all the persons interested as prescribed by 
 sub-sec. 5, and on receipt of a statutory declaration of such service 
 duly stamped the Board of Education present the Confirming Bill to 
 Parliament and conduct it through the various stages.
 
 33 & 34 VICT., c. 75, SEC. 20. 235 
 
 The authority are informed by the Board of Education when the 
 Bill is presented to Parliament and again when it has received the 
 Royal Assent. 
 
 (7) Some of the Acts authorizing the issue of provisional orders by 
 Government Departments contain a clause to the effect that in case 
 any petition shall be presented to either House of Parliament against 
 a provisional order in the progress through Parliament of the Bill 
 confirming the order, the Bill, so far as it relates to the order so peti- 
 tioned against, may be referred to a select committee, and the petitioners 
 shall be allowed to appear and oppose as in the case of private Bills. 
 There is not, it will be observed, any such provision with regard 
 to the provisional orders under this section. The Standing Orders 
 of the House of Commons, however, include the following order : 
 " Every petition against any Bill to confirm any provisional order 
 which shall have been deposited in the Private Bill Office not later 
 than seven clear days after the examiner shall have given notice of the 
 day on which the Bill will be examined or which shall otherwise have 
 been deposited in accordance with the Standing Orders of the House, 
 and in which the petitioners shall have prayed to be heard by them- 
 selves, their counsel or agents, shall stand referred to the committee 
 on such Bill, and such petitioners, subject to the rules and orders of 
 the House, shall be heard upon their petition accordingly, if they 
 think fit, and counsel heard in favour of the Bill, against such petition." 
 There is also a Standing Order of the House of Lords that ''every 
 Provisional Order Confirmation Bill which is opposed shall be 
 referred to a Select Committee of five." 
 
 In the sessions of 1872-1902 the following Acts were passed con- 
 firming orders of the Education Department and Board of Education 
 for the compulsory purchase of land by school boards : 
 
 35 & 36 Viet., c. Ixv. (London). 
 
 36 & 37 Viet., c. xxii. (Caterham) ; c. xxiii. (London) ; c. xxxvi. 
 (Llanrwst) ; c. xxxviii. (Llanelly) ; c. xxxix. (Merthyr Tydvil) ; and c. 
 ccxiv. (London). 
 
 37 & 38 Viet., c. cliii. (Brighton, Aberdare, and United District of 
 Caerhun, Llanbedr y Cennin and Dolgarrog) ; and c. clxxxiv. 
 (London). 
 
 38 & 39 Viet., c. vii. (Caister (Norfolk) and Rochford) ; c. viii. 
 (Brighton) ; and cc. cxxii. and cxxiv. (London). 
 
 39 & 40 Viet., c. cliii. (Hailsham, Ilchester, Ingham, Slaugham, 
 Swansea United District, and Swansea Parish Higher and Lower) ; c. 
 cliv. (Hornsey) ; c. clx. (Tolleshunt Major) ; c. cxcvii. (Cardiff) ; and 
 c. ccxxxix. (London). 
 
 40 & 41 Viet., c. Ixxv. (Cardiff, East and West Teignmouth United 
 District, Holywell, extra municipal, Hornsey, Merthyr Tydvil, and 
 Ystradgunlais Lower) ; c. civ. (London) ; c. cxxx. (Felmingham and 
 Kelvedon Hatch United District). 
 
 41 & 42 Viet., c. Iviii. (Mickleover) ; c. cvii. (Portsmouth) ; c. ex. 
 (Birmingham, Lewannick (Cornwall), and Mold (Flint)) ; c. cxi. 
 (London). 
 
 42 & 43 Viet., c. Iviii. (Brighton and Preston, Gotherington, Loughor 
 Borough, and Membury) ; and c. lix. (London). 
 
 43 & 44 Viet., c. liv. (Cardiff, Liverpool, Southampton, and Walton- 
 on-Thames) ; c. ccv. (London)
 
 236 ELEMENTARY EDUCATION ACT, 1 870. 
 
 44 & 45 Viet., c. clxiv. (Clay Lane) ; c. clxvii. (London). 
 
 45 & 46 Viet., c. cii. (West Ham (Essex) and Terrington St. John 
 (Norfolk)) ; c. cxxxix. (Finchley, Llanarth, and Upper Dylais) ; 
 c. cxli. (London). 
 
 46 & 47 Viet., c. xlii. (Cummersdale (Cumberland), Hayfield (Derby- 
 shire), Little Eaton (Derbyshire), Stroud (Gloucestershire), and Treud- 
 dyn (Flintshire)) ; c. cxxxii. (London). 
 
 47 & 48 Viet., c. ciii. (London). 
 
 48 & 49 Viet., c. cxxix. (Birmingham, Bradford (Yorks.), Cardiff, 
 Derby, and Llanwonno) ; c. Ixxxix. (London). 
 
 49 & 50 Viet., c. i. (Birmingham) ; c. ii. (London). 
 
 50 & 51 Viet., c. cxix. (Christchurch, extra municipal, Monmouth) ; 
 c. cxx. (London). 
 
 51 & 52 Viet., c. cxxiii. (Birmingham) ; c. clxv. (London). 
 
 52 & 53 Viet., c. xvi. (Acton, Chiswick, and Liverpool) ; c. Ixiii. 
 (Leake) ; c. Ixxiii. (London). 
 
 53 & 54 Viet., c. cii. (London) ; c. ciii. (West Ham). 
 
 54 & 55 Viet., c. Iv. (West Ham, &c.) ; c. cii. (London). 
 
 55 & 56 Viet, c. ccxviii. (London). 
 
 56 & 57 Viet., c. cxxvi. (Chiswick, &c.) ; c. cxci. (London) ; c. cxcii. 
 (London, No. 2). 
 
 57 & 58 Viet., c. cxciv. (London) ; c. cxcv. (Barry, &c.). 
 
 58 & 59 Viet., c. 1. (Acton) ; c. li. (Bristol) ; c. lii. (Croydon) ; c. liii. 
 (Hornsey) ; c. liv. (Leeds) ; c. Iv. (Liverpool) ; c. Ivi. (Llangollen) ; c. 
 Ivii. (Longbenton) ; c. Iviii. (Lowestoft) ; c. lix. (Manchester) ; c. Ix. 
 (Pwllheli) ; c. Ixi. (Weston-super-Mare) ; c. Ixii. (Wilmington). 
 
 59 Viet., c. iii. (London). 
 
 59 & 60 Viet., c. ii. (Tottenham) ; c. clxiv. (Acton, &c.) ; c. clxxiii. 
 (London). 
 
 60 & 61 Viet., c. cxlvi (East Barnet, Linthwaite, Pembroke, Swansea 
 United District, and Willesden) ; c. cxlvii. (London). 
 
 6 1 & 62 Viet., c. Ixxxv. (Barnes, Cellan, Heston, Llanelly, and Low 
 Leyton) ; c. cciv. (London). 
 
 62 & 63 Viet., c. xxiv. (Swansea United District) ; c. xxxi. (Aberavon, 
 Croydon, Walthamstow, and Willesden) ; c. cxxvii. (Liverpool) ; 
 c. cclxxvi. (London). 
 
 63 & 64 Viet., c. lix. (Brighton and Preston United District, Liver- 
 pool, Plymouth, Salford, and Willesden) ; c. cxcii. (London). 
 
 1 Edw. 7, c. xxxiv. (Acton) ; c. cclxxviii. (London) ; c. clxxiii. 
 (Barnes, Hartlepool, Manchester, Merthyr Tydvil, and Walthamstow). 
 
 2 Edw. 7, c. cxcvi. (Barnes, Epping, Liverpool, Manchester, Swansea 
 United District) ; c. ccxi. (London). 
 
 The fact that application for a provisional order for the compulsory 
 purchase of land has been made, and that the order has been issued 
 and confirmed by Parliament, does not impose on the authority a 
 legal obligation to purchase the land. The notice under sub-sec. 2 (b) 
 creates no contract between the parties : Burgess v. Bristol Urban 
 Sanitary Authority, 50 J. P. 455. 
 
 In Rolls v. School Board for London (L. R. 27 Ch. D. 639 ; 51 L. T. 
 567 ; 33 W. R. 129) it appeared that the school board, in pursuance 
 of the powers conferred on them by a provisional order which had 
 been confirmed by Parliament, served on R. the customary notice to 
 treat. Prior, however, to the service of this notice and prior to the 
 confirmation of the provisional order by Parliament, the school board 
 had entertained and adopted, subject to the sanction of the Education
 
 33 & 34 VICT., c. 75, SEC. 20. 237 
 
 Department, a proposal from one B., a neighbouring landowner, 
 for exchanging a portion of the land to be acquired by the board from 
 R., for a piece of B.'s land, he undertaking to form the land so to be 
 conveyed to him into a public road. There was evidence to show 
 that such road when made would be advantageous to the school 
 proposed to be erected. It was held on the motion of R. to restrain 
 the board from putting in force their statutory powers with respect to 
 so much of the land comprised in the notice to treat as they proposed 
 to convey to B., that the school board were justified in the course they 
 had taken, and could, if they obtained the sanction of the Education 
 Department, carry out their proposal. 
 
 In the case of Clark v. The School Board for London (L. R. 9 Ch. 
 App. 120; 43 L. J. Ch. 421), an injunction was granted by Vice- 
 Chancellor Malins to restrain the defendants from building on land 
 which they had acquired under an order under this section, in such a 
 manner as to interfere with the rights of an adjoining proprietor with 
 regard to light and air, although the defendants were willing to pay 
 compensation under sec. 68 of the Lands Clauses Consolidation Act. 
 On appeal to the full Court the decision was reversed. The Lord 
 Chancellor said : The Legislature, in authorizing school boards for 
 the public advantage to exercise the large powers conferred upon 
 them, meant to invest in them a discretion answerable to the impor- 
 tance of the case. When for these important purposes compulsory 
 powers of taking land were given to them, he could not but think 
 that it was intended they should have the full benefit of all the com- 
 pulsory powers contained in the Lands Clauses Acts ; that they 
 should be able to erect buildings on the land they acquired upon such 
 a plan, of such a height, and in such a way as they should in the 
 exercise of their discretion think proper. This view was confirmed by 
 the language of sees. 19 and 20 of the Act, which spoke of purchasing 
 any right over land, and said that "land" was to be construed as 
 including " any right over land." These were large words, and, 
 according to their reasonable construction, seemed to give to the 
 board .the land which they acquired free from any jus tertii. The 
 right to light could only be acquired by twenty years' user, and it 
 came strictly within the words *' right over land." Such a right, if 
 interfered with, must be the subject of compensation, and the only 
 question seemed to be in what way that compensation was to be 
 ascertained whether a purchasing notice must be given by the board, 
 or whether the compensation was to be determined under those 
 sections of the Lands Clauses Acts which relate to land not taken by 
 the promoters of an' undertaking, but injuriously affected by their 
 works. The sound view in his opinion was that the construction of 
 the sections of the Lands Clauses Acts which related to com- 
 pensation was not altered by sees. 19 and 20 of the Education Act. 
 The provisions of sec. 84 of the Lands Clauses Act as to entry 
 on land were inapplicable to such a thing as a right to light. But 
 those clauses which related to compensation for land injuriously 
 affected appeared to be exactly applicable to a right of this kind. 
 There was previous authority for this view in some cases which had 
 been decided upon the Thames Embankment Acts, such as Macey v. 
 The Metropolitan Board of Works, before Lord Hatherley, when 
 Vice-Chancellor (32 L. J. Chan.). Lord Justice Hellish said the 
 school board were only to purchase the land necessary for the school, 
 and he thought therefore they had no compulsory power of purchasing 
 any lands not necessary for that purpose. This was made clearer by
 
 238 ELEMENTARY EDUCATION ACT, l8/O. 
 
 the use of the words " any right over land." The Legislature meant 
 to say " In order that you may be perfectly unfettered in building 
 your school, you may purchase any right that any one has over the 
 land which you buy;" and sec. 20 gave them power to do this 
 compulsorily if it could not be done by agreement. He agreed in 
 thinking that this made no difference with regard to the course to be 
 adopted to obtain compensation. 
 
 In Kirby v. School Board for Harrogate ([1896] C. A., I Ch. 437 ; 
 74 L. T. 6 ; 65 L. J. Ch. 396 ; 44 W. R! 144), it was held by the Court 
 of Appeal that when a school board had acquired land by agreement 
 for the purpose of providing a school under the Elementary Education 
 Acts, they could exercise their statutory powers of building without 
 regard to any restrictive covenants affecting the land, in the same 
 manner as if they had acquired the land under compulsory powers. 
 The only remedy of persons whose lands were injuriously affected 
 thereby was to obtain compensation under sec. 68 of the Lands 
 Clauses Consolidation Act, 1845. 
 
 In The London County Council v. The London School Board (\\^2\ 
 2 Q. B. 606 ; 40 W. R. 604), it appeared that under a Provisional 
 Order of the Education Department, confirmed by Parliament, certain 
 land was acquired by the London School Board otherwise than by 
 agreement for the purpose of providing public school accommodation 
 for the district, and in laying out part of the land as a playground, the 
 fence was brought within 20 feet of the centre of a highway. The 
 London County Council instituted proceedings against the school 
 board on the ground that the bringing forward of the fence as stated 
 without the consent of the County Council was in contravention of 
 the Metropolis Management and Building Acts Amendment Act, 
 1878 (41 & 42 Viet., c. 32). It was alleged that if the fence were set 
 back the playground would not be large enough to comply with the 
 rules for the number of children for whose accommodation the school- 
 house was required. The case was dismissed by the magistrate on 
 the ground that Parliament having sanctioned the taking of the land 
 for the purpose of the Elementary Education Acts, the school board 
 were entitled and bound to use the whole of the ground so taken for 
 the purposes of those Acts, and that the Act confirming the Provisional 
 Order repealed sec. 6 of the 41 & 42 Viet., c. 32, so far as it related 
 to that land. On a case stated for the opinion of the High Court, 
 the decision of the magistrate was upheld. It was held that on the 
 construction of the Elementary Education Act, 1870, and the Act 
 confirming the Provisional Order, the school board had the power to 
 purchase the whole of the site and to apply any part of the land 
 to an authorized school purpose, provided that they did so in good 
 faith. 
 
 With regard to the compensation which may be payable for 
 injuriously affecting land other than that acquired for a school by 
 reason of the noise made by school children on their way to and from 
 and outside the school, see R. v. Pearce ex parte (67 L. J. Q. B. 842 ; 
 78 L. T. 681). In that case it appeared that the London School 
 Board had under a Provisional Order powers for the compulsory 
 purchase for the site of a school of a part of certain land at Paddington 
 of which the claimant was the owner, and which he had developed 
 as a building estate. Upon the inquisition held by the Under 
 Sheriff as to the claim to compensation and for damage for injuriously 
 affecting other hereditaments by reason of the execution of the works, 
 the claimant proposed to give evidence that the houses erected and to be
 
 33 & 34 VICT., c. 75, SEC. 20. 239 
 
 erected upon the land adjoining the portion taken by the school board 
 would be injuriously affected and would deteriorate in value by reason 
 of the noise occasioned by children outside the building of the board 
 school. For the school board it was objected that no evidence could 
 be given under this head, and that a deterioration in value alleged to be 
 caused by the noise made by school children in the roadway on their 
 way to and from and outside the board school building was not a 
 subject for compensation. The jury by their verdict assessed the 
 compensation for the purchase and value of the land at 26907., and 
 by agreement separately assessed the compensation under the head 
 of injuriously affecting other hereditaments of the claimant at zooo/. 
 A rule nisi for a certiorari was obtained by the school board for 
 bringing up and quashing the inquisition verdict and judgment so far 
 as it related to the sum of iooo/. The Court (Day and Lawrance, JJ.) 
 discharged the rule. Mr. Justice Day said : The question whether 
 really substantial damage be or be not occasioned by the existence of 
 the school is one for the jury. In accordance with the principles of 
 the law laid down in many cases and with what has been the constant 
 practice for many years in cases of this description, the question was 
 left to the jury to say whether in their opinion the presence of a 
 school carried on according to the usual plan in which schools must 
 necessarily be carried on in the Metropolis is calculated to injure 
 other lands of the claimants in the vicinity of the particular plot of 
 land taken for the building. There seems to be no ground for disturbing 
 their finding in this case or for saying that the jury were not entitled to 
 find as they have found that the adjoining land of the plaintiff will 
 be injured by the erection of the school on land which is taken com- 
 pulsorily. 
 
 The Disused Burial Ground Act precludes the erection of a school 
 on a part of a cemetery which has been closed for interments, although 
 interments may not have taken place in that part. Ponsfordv. New- 
 Port School Board l&)i\ C. A., i Ch. 454 ; 63 L. J. Ch. 278 ; 42 W. R. 
 258 ; 70 L. T. 502). 
 
 (8) The case Re Morley (32 L. T., N. S., 524) raised the question as 
 to the scale on which costs are to be charged with respect to 
 Provisional Orders. The case referred to the taxation by the taxing 
 master of the costs of Messrs. Morley and Shirreff incidental to pro- 
 curing a provisional order for the construction of a tramway from 
 Ipswich to Felixstowe, in Suffolk. The master had only allowed costs 
 at the rate of the charges made in the courts of law, and it was 
 contended that he ought to have allowed such costs upon the scale 
 charged in the case of a private Bill to be passed through the Houses 
 of Parliament. The ground on which the master had proceeded was 
 that the work charged for was not in relation to the proceedings in 
 Parliament, but anterior thereto, and such as, had the preliminary 
 inquiry failed, would never have resulted in any parliamentary pro- 
 ceedings. The application was for an order to refer back to the 
 taxing master to revise his taxation ; but the Master of the Rolls 
 decided that these bills of costs were not to be taxed according to the 
 parliamentary scale, but according to the scale adopted in the courts 
 of law, and the summons was therefore dismissed. 
 
 References to the " school fund " are to be construed as references 
 to the fund out of which the expenses of the Local Education 
 Authority are payable. See Third Schedule (2) to 2 Edw. 7, c. 42, ante.
 
 240 ELEMENTARY EDUCATION ACT, 1 870. 
 
 (9) The School Sites Acts referred to are the 4 & 5 Vict - c. 38 ; 
 7 & 8 Viet., c. 37 ; 12 & 13 Viet., c. 49 ; 14 & 15 Viet., c. 24. These 
 several Acts will be found in the Appendix, p. 471. 
 
 Purchase of Land by Managers of Public Elementary 
 School. 
 
 21. For the purpose of the purchase by the managers of 
 any public elementary school of a schoolhouse for such 
 school, or a site for the same, " the Lands Clauses Consoli- 
 dation Act, 1845," a d the Acts amending the same (except 
 so much as relates to the purchase of land otherwise than 
 by agreement), shall be incorporated with this 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 such managers, and land shall be construed to include 
 any right over land, (i) 
 
 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 conveyance shall express 
 that the land shall be held upon trust for the purposes of a 
 public elementary school within the meaning of this Act, 
 or some one of such purposes which may be specified, and 
 for no other purpose whatever. (2) 
 
 Land may be acquired under the Acts incorporated 
 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 (3) shall be deemed to be managers for the purpose 
 of this section if they obtain the approval of the Education 
 Department to the establishment of such school. 
 
 (1) For definition of the term " managers," see sec. 3. 
 
 As to the provisions of the Lands Clauses Consolidation Acts 
 with regard to the purchase of land by agreement, see note i on 
 sec. 20. 
 
 With regard to the provision of new schools or the enlargement of 
 schools, see sees. 8 and 9 of 2 Edw. 7, c. 42, ante. 
 
 (2) The School Sites Acts will be found in the Appendix, p. 471. 
 
 (3) As to the term " public elementary school," see sec. 7. and 
 notes thereon. 
 
 i 
 
 Sale or Lease of Schoolhouse. 
 
 22. The provisions of the Charitable Trusts Acts, 1853 
 to 1869, which relate to the sale, leasing, and exchange of
 
 33 & 34 VICT., c. 75, SEC. 23. 241 
 
 lands belonging to any charity, shall 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 such board, with this modification, that the 
 Education Department shall, for the purposes of this section, 
 be deemed to be substituted in those Acts for the Charity 
 Commissioners. 
 
 The Local Education Authority are the successors of the school 
 board, and a school provided by a school board is to be deemed to be 
 provided by the Local Education Authority. 
 
 The Charitable Trusts Acts, 1853 to 1869, are the 16 & 17 Viet., 
 c. 137 ; 18 & 19 Viet., c. 124 ; 23 & 24 Viet., c. 136 ; 25 & 26 Viet., 
 c. 112; and 32 & 33 Viet., c. no. See also sec. 78 and 50 & 51 
 Viet, c. 49. 
 
 See also sec. 2 (2) of the Board of Education Act, 1899 (62 & 63 
 Viet., c. 33, post\ as to the exercise by the Board of Education of 
 other powers of the Charity Commissioners under the Charitable 
 Trusts Acts. 
 
 Managers may transfer School to School Board. 
 
 23. The managers of any elementary school in the 
 district of a school board may, in manner provided by this 
 Act, make an arrangement with the school board for trans- 
 ferring their school to such, school board, and the school 
 board may assent to such arrangement, (i) 
 
 An arrangement under this section may be made by the 
 managers by a resolution or other act as follows (that is to 
 say) i 
 
 (i.) 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 pro- 
 visions of such instrument : 
 
 (2.) Where there is no such instrument, or such instru- 
 ment 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 Depart- 
 ment 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 passed by a majority 
 of not less than two-thirds of those members of 
 their body who are present at a meeting of the 
 body summoned for the purpose, and vote on the
 
 242 ELEMENTARY EDUCATION ACT, 1 870. 
 
 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 
 
 (i.) With the consent of the Education Department ; 
 
 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. 
 
 Provided that where there is any instrument declaring 
 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 arrange- 
 ment 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 proposed transfer. (2) 
 
 The Education Department shall consider and have 
 due regard to any objections and representations respect- 
 ing the proposed transfer which may be made by any 
 person who has contributed to the establishment of such 
 school. (3) 
 
 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 section. 
 
 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 school house 
 during part of the week, and for the use of the same by 
 the managers or some other person during the remainder
 
 33 & 34 VICT., c. 75, SEC. 23. 243 
 
 of the week, or for any arrangement that may be agreed 
 on. The arrangement may also provide for the transfer 
 or application of any endowment belonging to the school, 
 or for the school board undertaking to discharge any debt 
 charged on the school not exceeding the value of the 
 interest in the schoolhouse or endowment transferred to 
 them. (4) 
 
 When an arrangement is made under this section the 
 managers may, whether the legal, interest in the school- 
 house or endowment is vested in them or in some person 
 as trustee for them or the school, convey 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. (4) 
 
 Nothing in this section shall authorize the managers to 
 transfer any property which is not vested in them, or a 
 trustee for them, or held in trust for the school ; and where 
 any person has any right given him by the trusts of the 
 school to use the school for any particular purpose inde- 
 pendently of such managers, nothing in this section shall 
 authorize 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 by the school board. (5) 
 
 (i_) For definition of the term "managers," see sec. 3. 
 
 The references to a school board and school district are to be 
 construed as references to the Local Education Authority and the 
 area for which they act (2 Edw. 7, c. 42, Third Schedule (i), ante]. 
 
 The Board of Education have no power to compel the transfer of 
 any school to a Local Education Authority under this section, but their 
 consent is necessary to the terms of transfer. 
 
 For the purposes of sec. 8 of the 2 Edw. 7, c. 42, the transfer of a 
 school is to be treated as the provision of a new school. The pro- 
 visions of that section and of sec. 9 of the Act as to public notice 
 of the proposal, appeal to Board of Education, &c., therefore apply 
 (2 Edw. 7, c. 42, sec. 8 (3)). 
 
 When a school has been transferred to a school board under this 
 section, the school is to be treated as provided by the Local Educa- 
 tion Authority (2 Edw. 7, c. 42, Second Schedule (13)) so long as it 
 has not been retransferred under sec. 24. 
 
 The Committee of Council on Education, on the I7th July, 1871, 
 adopted the following resolutions with reference to applications for 
 the transfer of elementary schools under this section : 
 
 " I. In the case of premises held under a trust, express or implied, 
 the following rules shall be observed : 
 
 (i.) All questions relating to the title of the parties to the proposed 
 arrangement, or affecting the subject-matter upon which it
 
 244 ELEMENTARY EDUCATION ACT, iS/O. 
 
 is to operate, must be considered and settled by the legal 
 advisers of the parties, and will not be investigated by the 
 Education Department. 
 
 (2.) In considering whether any proposed arrangement should be 
 approved, the Department will confine their attention to 
 ascertaining that the terms of such arrangement are, in their 
 opinion, proper and reasonable, and the approval expressed 
 in any case will be limited accordingly. 
 
 (3.) As to the terms of the arrangement, no payment of rent beyond 
 that charged upon or reserved out of the premises by the 
 original lease, and no other valuable consideration, except 
 an undertaking to insure and keep the premises in repair, 
 and to keep down or redeem charges or incumbrances on the 
 same will in general be sanctioned. 
 
 "II. Arrangements with respect to schools which are private pro- 
 perty must be settled by the proprietors of the premises and the school 
 boards, under sec. 19 of the Act, and do not require the intervention 
 of the Department." 
 
 As to the terms of arrangement which may be made under this 
 section, see also note 4, p. 247. 
 
 The School Sites Act, 1841 (4 & 5 Viet., c. 38), by sec. 14, provides 
 that " where a portion of any parliamentary grant shall have been or 
 shall be applied towards the erection of any school, no sale or 
 exchange thereof shall take place without the consent of the Secretary 
 of State for the Home Department for the time being." The question 
 has been raised whether this provision rendered necessary the sanction 
 of the Home Secretary to the transfer to a school board, under sec. 23 
 of this Act, of a school for the erection of which a contribution was 
 received from the parliamentary grant. The transfer is clearly not a 
 " sale or exchange " within the meaning of the School Sites Act, and 
 therefore the sanction of the Secretary of State was not required. 
 
 (2) In Re Burnham National School (L. R. 17 Eq. 241 ; 43 L. J. 
 Ch. 340 ; 29 L. T., N. S., 495), it appeared that there were but two 
 trustees for a national school. These trustees were unable for a con- 
 siderable time to agree as to the management of the school, and differ- 
 ences had arisen between them as to the appointment of a master, 
 the result of which had been the closing of the school. One of the 
 trustees was a member of the school board for the parish, and he pro- 
 posed that the school should be transferred to the school board, 
 and the school board passed a resolution applying to the trustees to 
 make such transfer. The second trustee objected. The Charity Com- 
 missioners were then petitioned to appoint three new additional 
 trustees, with the view, as was alleged, of securing a majority of at 
 least two-thirds of the trustees who would transfer the school to the 
 school board. The memorial to the Commissioners was signed by five 
 of the members of the school board as well as others, but the intended 
 transfer was not mentioned in the memorial, and an order was made 
 by the Commissioners accordingly. A meeting of the trustees was 
 afterwards convened, and a resolution for the transfer of the school 
 was passed by a majority of four. The objecting trustee then 
 petitioned for a discharge of the order. He alleged that the appoint- 
 ment of the three additional trustees would bring about a transfer of 
 the school to the school board, and that the effect of it would be to 
 destroy the Church of England character of the school and the trusts 
 of the deed, as no distinctive religious teaching was allowed in a school
 
 33 & 34 VICT., c. 75, SEC. 23. 245 
 
 so transferred. The petitioner impugned the authority of the Com- 
 missioners to make the order without the consent of the bishop, and also 
 on the ground that the new trustees, one of whom was the chairman 
 of the school board, before being appointed, were pledged to join in 
 transferring the school to the school board, which object was that for 
 which the Commissioners had made the order. The Master of the 
 Rolls (Sir G. Jessel) held that the power of the Charity Commissioners 
 to make the order was clearly established. As to the objection to the 
 order that even if the Commissioners had the power to appoint 
 additional trustees generally, yet that it should not be exercised in a 
 case where the appointment of such trustees of a Church of England 
 school might have the effect of handing it over to a school board, he 
 said : " I can conceive cases in which the Commissioners might be very 
 careful in exercising their undoubted jurisdiction, but that is no reason 
 for saying that any legislation with respect to such schools has taken 
 away that jurisdiction. In fact a statutory provision has anticipated 
 the objection by requiring a majority of two-thirds of the trustees to 
 effect such a transfer. The only other objection upon public grounds 
 is that the exercise of the power to appoint these trustees interferes 
 with the provision contained in the 46th section of the Act of 1853. 
 That section might in the case of a church school prevent the Court 
 from appointing any trustee who was not a member of the Church of 
 England. This is undoubtedly a Church of England charity, and if 
 the objection had any foundation in fact it would certainly have been 
 fatal to the appointment. The three gentlemen mentioned in the order 
 are now ascertained to be all Churchmen, although at first it was 
 thought not to be the case. The objections do not warrant me in 
 interfering with the order of the Commissioners." The petition was 
 accordingly dismissed with costs. 
 
 In the instructions of the Education Department as to transfers it 
 is stated that if there is any trustee of the school who is not also a 
 manager (whose address is known), the proposed terms of arrange- 
 ment should be shown to him, and his observations thereon communi- 
 cated to the Department. 
 
 (3) The Education Department in the instructions stated : If there 
 are any societies (such as the British and Foreign School Society, 
 the National Society, the Wesleyan Education Committee, the Roman 
 Catholic Poor School Committee, or any local educational body) who 
 have contributed to the establishment of the school, the proposed 
 terms of the arrangement should be shown to them, and their obser- 
 vations thereon communicated by the clerk of the school board to the 
 Department. The view which the board and the managers take of 
 these objections should also be communicated to the Department, who 
 should be informed what practical reasons prevent the board and the 
 managers from agreeing to meet any objections made by the society 
 to the arrangement, on the ground that it involves an unnecessary 
 departure from the terms of the original trust. 
 
 In the case of The National Society v. The London School Board 
 (L. R. 1 8 Eq. 608 ; 44 L. J. Ch. 229 ; 31 L. T., N. s., 22), it appeared 
 that the National Society made a grant of 22o/. in the year 1867 
 towards the establishment of a Church of England school, and a trust 
 deed for the management of the school was executed, providing that 
 the school should " always be in unison with and conducted according 
 to the principles and in furtherance of the ends and designs of the 
 National Society." The deed contained no power of disposing of the
 
 246 ELEMENTARY EDUCATION ACT, 1 870. 
 
 school site by way of alienation. At a meeting of the managing com- 
 mittee of the school in May, 1872, a resolution was passed that the 
 school should be transferred to the London School Board under the 
 provisions of this section, and it was transferred accordingly. The 
 deed of transfer contained certain stipulations for providing religious 
 instruction to the children at stated hours during at least two days in 
 the week. The National Society, prior to the transfer, appeared 
 before the Education Department under the provisions of the Act, 
 and objected to the transfer, but their objections were overruled by 
 the Department, who gave their sanction to the arrangement. The 
 society thereupon filed a bill for the purpose of obtaining a declara- 
 tion that the provisions of the trust deed of the 25th of February, 1867, 
 ought to be observed in the management of the school established 
 thereunder, and that no departure from the principles of education 
 according to which such school was established could properly be 
 effected without the sanction of the society. Also, that the transfer of 
 the school to the school board was illegal. For the National Society it 
 was argued that a transfer of the school could not be made without the 
 consent of the society, who had advanced their money on the faith of 
 the school being carried on in accordance with the principles of the 
 Church of England, and that even if a transfer could be effected with- 
 out such consent, it could only be effected subject to the trusts 
 declared by the trust deed. Vice-Chancellor Malins, in delivering 
 judgment, said: What were the circumstances under which a transfer 
 of a school to a school board might be made ? First, there was the 
 general power given to the managers of the school to make the transfer. 
 Then the 23rd section of the Act required the consent of the Educa- 
 tion Department to the transfer, and also of the majority of the annual 
 subscribers to the school. Down to this point all the provisions of the 
 Act had been complied with in the present case. Was it necessary to 
 obtain any other consent ? The following proviso in the section was 
 relied on by the plaintiffs : "Provided that where there is any instru- 
 ment declaring 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." It was said that under that proviso the consent of the 
 National Society was necessary. The answer to that was that although 
 there was a deed stating the trusts upon which the school was to be 
 held, it contained no provision for alienation, and therefore the proviso 
 was clearly inapplicable to the present case, and no further consent 
 was required for transfer to the school board than had already been 
 given. It was argued with great force that the managers were so 
 inseparably connected with the National Society, the society being the 
 principal supporters of the school, that it was most extraordinary to 
 suppose that the Act intended to give the managers power to transfer 
 the school without the society having a voice in the matter. But the 
 society had a voice in the matter : they had a locus standi before the 
 Education Department. In the present case they were heard, and 
 the decision of the Department was final on the subject. The section 
 seemed framed so as to have regard to the vested interests of all persons, 
 for one of its provisions was, that " where any person has a 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 
 authorize any interference with such right, except with the consent of 
 such person." This was an instance in which vested interests were
 
 33 & 34 VICT., c. 75, SEC. 23. 247 
 
 protected by the Act, and he could not come to any other conclusion 
 than that the Act did not give the National Society a veto on these 
 transfers. There was one other point. The school having been 
 transferred to the school board, under whom religious instruction in 
 any particular doctrines was excluded, the deed of transfer provided 
 that on at least two days in the week the children might be instructed 
 in the principles on which the school was established namely, 
 in the principles of the Church of England. Therefore, on the whole 
 case, he was of opinion that the bill could not be sustained. 
 
 (4) As to the terms of an arrangement which might be made under 
 this section with a school board, the Education Department in their 
 instructions as to transfers of schools stated as follows : 
 
 " () The arrangement may be for a term of years, or for the entire 
 interest which can be transferred under sec. 23. When 
 the intended transfer is for a term of years or for a period 
 determinable by a notice to the school board, the board 
 should consider how they may be recouped the expense of 
 any permanent alteration or enlargement of the premises 
 which may be effected by them during their holding. 
 
 " (b) The arrangement should show clearly what premises are trans- 
 ferred, and that such premises are subject to the trusts which 
 affect the school premises. 
 
 " (c) The board must not undertake to pay any consideration other 
 than a strictly nominal one (say five shillings), whether such 
 consideration consists of a price or of a rent. 
 
 " (</) The arrangement may provide for the discharge of any bond 
 fide incumbrance which is secured by a charge on the school 
 premises, provided the amount of such incumbrance does not 
 exceed the value of the interest in the premises and endow- 
 ment transferred to the board. 
 
 " (V) The arrangement may provide for the board keeping down the 
 interest on any such incumbrance as that specified in para- 
 graph (d), provided the annual amount of such interest does 
 not exceed the annual value of the interest in the premises and 
 endowment transferred to the board. 
 
 " (/) The arrangement must not provide for the payment by the 
 board of any- other debt, or for the keeping down by the 
 board of the interest on any other debt. 
 
 "Of) The arrangement must not provide for the payment by the 
 board of the current expense of maintaining the school during 
 any time prior to the date of the transfer, and this date must 
 not be earlier than the date of the consent of the Education 
 Department to the terms of arrangement for transfer. 
 
 " (h] The board may undertake to pay their proper share of such 
 outgoings as rates, taxes, ground rent, insurance, repairs, 
 heating, lighting, and cleaning. 
 
 " (k) Where it is found more convenient for any reason that the 
 trustees or managers should by the arrangement undertake 
 in the first instance to pay for the whole of any such outgoings 
 as are mentioned in paragraph (h\ the following clause may 
 be introduced into the arrangement. ' Provided always that 
 the board shall pay in respect of their share of [the outgoings 
 in question] such reasonable sum, not exceeding per 
 
 annum, as shall be actually expended by the trustees or 
 managers thereon.' The board must not undertake to pay a
 
 248 ELEMENTARY EDUCATION ACT, l8/O. 
 
 fixed lump sum per annum, in consideration of the trustees 01 
 managers paying for the whole of, or any of, the aforesaid 
 outgoings. 
 
 "(/) If the fittings, furniture, books, and apparatus of the school 
 are private property, they should be dealt with by a distinct 
 agreement outside of any arrangement submitted to the 
 Education Department under sec. 23. If, however, these 
 articles can only be dealt with by an arrangement under that 
 section, there must be no valuable consideration given for 
 them or for their use by the board. 
 
 " (;;/) The arrangement may provide for the trustees or managers 
 reserving to themselves the use of the school premises during 
 Sundays, and during other times, provided a sufficient use is 
 transferred to the board to enable the board to carry on upon 
 the premises a public elementary school. 
 
 " () If the use of any teacher's residence is transferred to the board 
 at all, such residence should be excepted from any reserva- 
 tions in favour of the trustees or managers. 
 
 " (0) The use to which the trustees or managers think they may 
 legally put the school premises during any reserved times 
 must not be specified in the arrangement for transfer, as the 
 Education Department do not think they should be called 
 upon to express any opinion upon that point. 
 
 " (p] The arrangement must not prescribe the kind of instruction 
 (whether religious or secular) to be given in the school. It 
 must not contain anything as to the examination or inspection 
 of the school, the appointment of managers or teachers, the 
 admission of children, or the general management of the 
 school. The school, so far as transferred to the board, must 
 be managed in every respect as the board for the time being 
 see fit, subject only to sees. 7 and 14 of the Elementary 
 Education Act, 1870. 
 
 " (q) In cases in which a transfer of a school in receipt of annual 
 grants takes place in the course of the school year the 
 arrangement may provide for the managers receiving such 
 proportion of the grant as corresponds to the number of 
 months which have elapsed between the end of the last 
 school year and the date of the transfer." 
 
 With reference to the transfer of an endowment to a school board, 
 see The School Board for London v. Faulconer (L. R. 8 Ch. Div. 571 ; 
 48 L. J. Ch. 41). In that case it appeared that by the terms of a 
 scheme approved in 1862, for appropriation of the increased revenues 
 of a charity estate originally applicable to the relief of the poor, it was 
 provided that the sum of go/, per annum should be paid by the 
 trustees to the treasurer of a school association, in aid of the expenses 
 of a school in Flint Street, Walworth, " or any other school that may 
 be established in its stead," provided that no sum should be paid to 
 any school which became the property of any exclusive denomination 
 or sect, and that if the school should at any time thereafter become 
 " materially altered in discipline, number of children or other circum- 
 stances," then the go/, should " in the discretion of the trustees," be 
 applied for educational purposes among other schools of a similar 
 character in the parish. In 1873 the Flint Street school was trans- 
 ferred by the managers to the school board, under the provisions of 
 this section, the managers at the same time by deed assigning to the
 
 33 & 34 VICT., c. 75, SEC. 23. 249 
 
 school board the endowment, " so far as they lawfully could assign the 
 same." The trustees of the charity estate refused to pay to the school 
 board the amount of the endowment, and a declaration was claimed 
 that the school board as transferees and managers of the school 
 were entitled to receive out of the income of the charity the sum in 
 question. The defendants submitted that the go/, a year was not an 
 endowment which the managers were enabled by the statute to transfer ; 
 that the school had ceased to be a local school, and was now one of the 
 general schools of the metropolis, and that the QO/. a year was other- 
 wise required for the benefit of the poor of the parish, and ought to be 
 so applied. It was further contended that the payment to the school 
 board would give to the poor inhabitants no greater advantage than 
 they would have if no such payment were made ; that the payment 
 would go into the general funds of the board, that no diminution would 
 be made in the school fees, and that no diminution to the parish 
 would accrue except a small decrease in the general rates, their pro- 
 portion of which would amount to about 2?s. a year. For the plaintiffs 
 it was proved that the character of the school since the transfer 
 remained unaltered, except that girls were admitted as well as boys, 
 that the numbers had somewhat increased, and that the efficiency of 
 the school was improved. It was further stated that the endowment 
 would not be allowed to go into the general funds of the school board, 
 but would be applied for the benefit of the particular school. A 
 declaration as claimed was ordered. 
 
 In Gttrney 6 Others v. West Ham School Board, which came before 
 Chitty, J., in March, 1891, it appeared that the testator bequeathed to 
 
 the trustees for the time being of the British School for boys at S , 
 
 for the use of the school an annuity of ^100, to be payable so long as 
 not less than eighty boys were educated in the school, and so long as 
 the school was " carried on under the system of the Holy Scriptures 
 being well taught therein without the peculiarities of any particular 
 sect of professing Christians, and without the teaching of the Cate- 
 chism of the national religious establishment of England." Otherwise 
 the annuity was to cease. There was a similar bequest to the trustees 
 
 for the time being of the British School for Girls at S , on like 
 
 conditions. The schools referred to were, under this section, trans- 
 ferred to the school board of the district, and the arrangement included 
 the transfer of the benefit of the annuities. The testator's trustees 
 asked for a declaration that the annuities ceased to be payable under 
 the will by reason of the schools having been transferred to the school 
 board, and the consequent or possible change in the management of 
 the schools in respect of religious instruction. From the evidence it 
 appeared that the conditions as to the number of children attending 
 the schools had been fulfilled, and that there had been no change in 
 the nature of the religious instruction. It was held that the annuities 
 were still payable, the conditions of the bequest not having been 
 infringed. 
 
 In The Llanbadarnfawr School Board v. the Official Trustees of 
 Charitable Trusts ( [1901] I O. B. 430 ; 70 L. J. K. B. (C. A.) 307 ; 49 
 W. R. 363), the managers of a national school had under this section 
 demised to the school board for a term of sixty years all the interests of 
 the managers or of any one who was a trustee for them in the school 
 buildings subject to certain reservations and the income of all endow- 
 ments of the school, to hold the school buildings and to receive the 
 income of the endowments, paying therefor to the Vicar of Llanbadarn- 
 fawr for the time being as representative or trustee of the school board 
 
 S
 
 250 ELEMENTARY EDUCATION ACT, 1 870. 
 
 a rent of i per annum. The agreement on which the lease was 
 based received the assent of the Education Department. The school 
 board until two years before the action received the income of the 
 endowments amounting to .235. There was then a new vicar of the 
 parish, and he declined to pay the income of the endowments to the 
 school board, and transferred the endowments to the defendants, 
 the Official Trustees of Charitable Trusts. The action in the case was 
 by the school board to recover from the defendants the sums received 
 by them as income of the endowments, and for an inquiry as to the 
 trust funds. The Court of Appeal (A. L. Smith, M.R., and Collins and 
 Romer, LJJ.), held that the School Board were not entitled to bring 
 the action without the consent of the Charity Commissioners under 
 sec. 17 of the Administration of Charitable Trusts Act, 1853. 
 
 See also Re Poplar and Blackivall Free School, post, p. 300, as to 
 application of the charity funds of a charity school transferred to a 
 school board, and sec. 13 of 2 Edw. 7, c. 42, ante, as to endowments 
 of schools. 
 
 With regard to loans to school boards on account of schools trans- 
 ferred for a term of years, the Committee of Council on Education, on 
 the 1 3th August, 1875, resolved as follows : 
 
 " (i) That it is expedient to apply to arrangements for transfer for 
 a term of years the principle laid down by section 24 of the 
 Act of 1870, with respect to the repayment of loans in cases 
 of retransfer under that section. 
 
 " (2) That, with this view, the consent of the Education Department 
 shall not be given to any arrangement for the transfer of 
 school premises for a term of years, unless such arrangement 
 provides that the board shall retain possession of the premises 
 at the end of the term, until the then value of any works 
 executed with the aid of a loan shall have been repaid to the 
 school board : 
 
 " (3) That the amount to be repaid in each such case shall be ascer- 
 tained, and certified, by a surveyor selected jointly by the 
 school board and the managers, to whom the school will 
 revert when it ceases to be a school provided by the board. 
 In the event of their disagreement, the surveyor shall be 
 appointed by the Education Department, and his expenses 
 defrayed by the school board and managers, in such propor- 
 tions as the Department shall direct." 
 
 In a case in which, having regard to this minute, the National Society 
 urged, with respect to a transfer of a school to which the society had 
 contributed, that a clause should be introduced into the deed of trans- 
 fer providing that the school board should not execute any works in 
 connection with the school with the aid of a loan without the written 
 consent of the trustees under the trust deed of the school, the Educa- 
 tion Department made the introduction of the clause suggested a 
 condition of their consent being given to the transfer of the school to 
 the school board. 
 
 With regard to the transfer of educational endowments to school 
 boards, see the 36 & 37 Viet., c. 86, sec. i 
 
 (5) The Education Department, in a letter addressed to Her 
 Majesty's inspectors of schools, and dated the I3th of January, 1874, 
 stated with reference to this provision : " During the time in which
 
 33 & 34 VICT., c. 75, SEC. 24. 251 
 
 a school board have the control over any premises, the school which 
 they carry on in such premises is a school provided by the school 
 board. 'No religious catechism or religious formulary which is 
 distinctive of any particular denomination ' can, therefore, be taught 
 in that time, and no time-table should be approved under which the 
 instruction given in the school so provided extends to catechisms or 
 formularies forbidden by the Act. If, under the transfer, the trustees, 
 or former managers, retain for any time the control of the premises, 
 the purposes to which these premises are to be put during such time 
 are not allowed to be stated in the arrangement for the transfer, as 
 the Education Department have no jurisdiction in the matter. You 
 will therefore, in the case of a school transferred to a school board, 
 take care that the time-table is limited to the hours during which the 
 board have control over the school premises, and that it does not 
 refer either to any time during which the school premises are not 
 under the control of the board, or to any instruction given during such 
 time." 
 
 See also Second Schedule (13) to 2 Edw. 7, c. 42, ante. 
 
 Re-transfer of School by School Board to Managers. 
 
 24. Where any school, or any interest therein, has been 
 transferred by the managers thereof to the school board of 
 any school district in pursuance of this Act, the school 
 board of such district may, by a resolution passed as 
 hereinafter mentioned, and with the consent of the Educa- 
 tion Department, re-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 schoolhouse 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 purpose, 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.
 
 252 ELEMENTARY EDUCATION ACT, 1870. 
 
 As to definition of managers, see sec. 3. 
 
 The transfer of a public elementary school from a Local Education 
 Authority to the managers is a transfer within the meaning of sec. 8 
 (3) of 2 Edw. 7, c. 42, ante, and that section and sec. 9 of that Act as 
 to provision of new schools therefore apply. 
 
 If the school is so transferred it will cease to be a school provided 
 by the Local Education Authority ; and, if it is to be carried on as 
 a public elementary school, the provisions of 2 Edw. 7, c. 42, sec. 7, 
 will apply, notwithstanding the trusts of the school. 
 
 As to the provision that a resolution for the purpose of the ?ection 
 may be passed by a majority of not less than two-thirds of those 
 members of the school board present at the meeting and voting on 
 the question, it is presumed that the majority prescribed will refer to 
 the members of the Local Education Authority present at a meeting 
 of that Authority duly convened for the purpose, and voting on the 
 question. The provision in 2 Edw. 7, c. 42, Third Schedule (3), is 
 limited in its application. 
 
 As to school endowments, see sec. 13 of 2 Edw. 7, c. 42, ante. 
 
 (i) With reference to loans to school boards on account of schools 
 transferred to them for a term of years, see minute of Education 
 Department of i3th August, 1875 (P- 2 5)- 
 
 MISCELLANEOUS POWERS OF SCHOOL BOARD. 
 
 Contribution to Industrial Schools. 
 
 29 & 30 Viet., c. 1 1 8. 
 
 27. A school board shall have the same powers of 
 contributing money in the case of an industrial school 
 as is given to a prison authority by sec. 12 of 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 under that 
 section. 
 
 By the Industrial Schools Act, 1866 (29 & 30 Viet., c. 118), an 
 industrial school is defined as "a school in which industrial training 
 is provided, and in which children are lodged, clothed, and fed, as well 
 as taught." It is requisite that the Secretary of State for the Home 
 Department should certify that the school is fit for the reception of 
 children under the Act referred to, in order to constitute it a " certified 
 industrial school." The rules for the management and discipline of 
 a certified industrial school are subject to his sanction, and no 
 substantial addition or alteration is to be made to or in the buildings 
 without his approval. If dissatisfied with the condition of the school 
 he may withdraw his approval. 
 
 The Secretary of State, on the i6th of March, 1897, issued model 
 Rules for the guidance of Managers of Industrial Schools in the
 
 33 & 34 VICT., c. 75, SEC. 27. 253 
 
 preparation of a code of Rules for their school, and copies may be 
 obtained on application to the Reformatory and Industrial Schools 
 Office, Great Scotland Yard, S.W. 
 
 The classes of children who may under the Industrial Schools Act, 
 1866 (29 & 30 Viet., c. 118), and the Industrial Schools Acts Amend- 
 ment Act, 1880 (43 & 44 Viet., c. 15), be sent to certified industrial 
 schools, are as follows : 
 
 Any child apparently tinder the age of fourteen years who is brought 
 before two justices in Petty Sessions and comes within any of the 
 following descriptions : (i) that is found begging or receiving alms 
 (whether actually or under the pretext of selling or offering for sale 
 anything), or being in any street or public place for the purpose of 
 so begging or receiving alms ; or (2) that is found wandering and not 
 having any home or settled place of abode or proper guardianship or 
 visible means of subsistence ; or (3) that is found destitute, either 
 being an orphan or having a surviving parent who is undergoing penal 
 servitude or imprisonment : (4) that frequents the company of reputed 
 thieves ; (5) that is lodging, living, or residing with common or 
 reputed prostitutes, or in a house resided in or frequented by prostitutes 
 for the purpose of prostitution ; or (6) that frequents the company of 
 prostitutes. 
 
 Any child apparently iinder the age of twelve years who is charged 
 before two justices with an offence punishable by imprisonment or a 
 less punishment, but has not been convicted of felony, and who ought, 
 in the opinion of the justices (regard being had to the age of the child ' 
 and to the circumstances of the case), to be dealt with by sending him 
 to an industrial school. But with regard to the words " convicted of 
 felony " sec. i of the Youthful Offenders Act, 1901 (see Appendix, p. 518), 
 provides that where a child or young person having been convicted of 
 felony is discharged in accordance with sec. 16 of the Summary 
 Jurisdiction Act, 1879, or tne Probation of First Offenders Act, 1887, or 
 otherwise, or is punished with whipping only, the conviction shall not 
 be regarded as a conviction of felony for the purpose of sec. 15 of the 
 Industrial Schools Act, 1866. 
 
 Any child apparently under the age of fourteen years whose parent or 
 step-parent or guardian represents to two justices that he is unable to 
 control him, and that he desires that the child should be sent to an 
 industrial school ; and 
 
 Any child apparently under the age of fourteen years, maintained in 
 a workhouse or pauper school, whom the board of guardians or board 
 of management of the pauper school represent to two justices to be 
 refractory, or to be the child of parents either of whom has been 
 convicted of a crime or offence punishable with penal servitude or 
 imprisonment, and that it is desirable that he should be sent to a 
 certified industrial school. 
 
 In every case it is necessary that the justices should be satisfied 
 that it is expedient to deal with the child by sending him to a certified 
 industrial school. 
 
 The term "two justices" in the Industrial Schools Act, 1866, is 
 defined by sec. 4 of that Act as meaning two or more justices in 
 Petty Sessions, or the Lord Mayor or an Alderman of the City of 
 London or a police Stipendiary Magistrate or other justice having 
 by law authority to act alone for anv purpose with the powers of two 
 justices. See also sec. 5 of the Youthful Offenders Act, 1901, in
 
 254 ELEMENTARY EDUCATION ACT, iS/O. 
 
 Appendix, p. 520, as to the power of a Court of Assize or Quarter 
 Sessions to commit a child to an industrial school. 
 
 The Prevention of Crime Act, 1871 (34 & 35 Viet, c. 112), by sec. 
 14, further provides that : Where any woman is convicted of crime, 
 and a previous conviction of a crime is proved against her, any 
 children of such woman under the age of fourteen years who may be 
 under her care and control at the time of her conviction for the last 
 of such crimes, and who have no visible means of subsistence, or are 
 without proper guardianship, shall be deemed to be children to whom 
 in Great Britain the provisions of the Industrial Schools Act, 1866, 
 apply, and the court by whom such woman is convicted, or two justices, 
 shall have the power of ordering such children to be sent to a certified 
 industrial school. 
 
 See also the provisions in sees. 12, 13, and 16 of the 39 & 40 Viet., 
 c. 79, post, as to the children who, under that Act, may be sent to 
 certified industrial schools. Sec. 16 of that Act enacts that an Order 
 in Council may provide that a child may be punished for an offence 
 by being sent to a certified industrial in lieu of a certified reformatory 
 school. 
 
 In Hiscocks v. Jermonson (L. R. 10 Q. B. D. 360 ; 52 L. J. M. C. 
 42 ; 48 L. T., N. S., 225 ; 31 W. R. 656) it was held that a child who 
 lives with and under the guardianship of her mother in "a house 
 resided in by prostitutes " may be ordered to be sent to an industrial 
 school under the 29 & 30 Viet., c. 118, sec. 4, although there is no 
 evidence of any act of prostitution on the part of the mother. 
 
 In a case in which the justices were applied to to issue a summons 
 requiring a child, apparently under the age of fourteen years, who was 
 alleged to be lodging, living or residing with common or reputed 
 prostitutes, and frequenting the company of prostitutes, to appear 
 before the justices with the view to the child being sent to a certified 
 industrial school, the justices refused to issue the summons on the 
 ground that they had no jurisdiction in the case, as the child had not 
 been brought before them. From the affidavits it appeared that 
 efforts had been made to bring the child before the justices without 
 success. It was held in the Queen's Bench Division that when, in con- 
 sequence of persons keeping a child out of the way, or otherwise, there 
 was a difficulty in bringing the child before the justices, the ordinary 
 legal process should be followed and a summons issued (/?. v. Moore, 
 
 52 J. P. 375)- 
 
 Where a child apparently under the age of fourteen years was 
 brought before justices upon a charge of larceny and the charge was 
 dismissed, but evidence was given that the child frequented the 
 company of reputed thieves, the justices were held to have jurisdiction 
 to order the child to be sent to an industrial school under sees. 14 and 
 15 of the Industrial Schools Act, 1866 (29 & 30 Viet., c. 118), without 
 a fresh summons upon a substantive charge under those sections, as 
 the Act is not a penal but a benevolent and protective Act for the 
 benefit of children (R. v. Jennings, [1896] i Q. B. 64 ; 65 L. J. M. C. 
 26 ; 73 L. T. 412 ; 44 W. R. 128). 
 
 Sec. 9 of the Prevention of Cruelty to Children Act, 1894, provides 
 that when any child under the age of sixteen years is brought before 
 a petty sessional court under circumstances authorizing the court to 
 deal with the child under the Industrial Schools Act, the court, if it 
 thinks fit, in lieu of ordering that the child shall be sent to an industrial
 
 33 & 34 VICT., c. 75, SEC. 27. 255 
 
 school, may make an order under the Prevention of Cruelty to Children 
 Act for the committal of the child to the custody of a relative or person 
 named by the court. 
 
 As to the payment, in the case of a child committed to a certified 
 industrial school, of the expenses of and incidental to the conveyance of 
 the child to and from the school and the sending of the child out on 
 licence or bringing back the child on the expiration or revocation of 
 the licence, see 63 & 64 Viet., c. 53, sec. 
 
 Local Education Authorities under this section have the same 
 powers of contributing money in the case of an industrial school as is 
 given to a prison authority by sec. 12 of the Industrial Schools Act, 
 1866. The section referred to 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 certified industrial school ; or towards the purchase of land 
 required either for the use of an existing certified industrial school, or 
 for the site of a school intended to be a certified 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 news- 
 paper 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, enlarge- 
 ment, 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." 
 
 As regards the first proviso in the section above quoted, it is to be 
 observed that the 36 & 37 Viet., c. 86, sec. 14 (Elementary Education 
 Act, 1873), post, provides that where the [Local Education Authority] 
 exercise the power of a prison authority, not less than fourteen days', 
 instead of not less than two months', previous notice shall be given 
 of the intention of [that authority] to take into consideration the 
 making of the contribution. 
 
 See also sec. 9 of the Youthful Offenders Act, 1901 (p. 522), which 
 provides that when a local authority, acting in pursuance of the Acts 
 relating to Industrial Schools or the Elementary Education Acts, 1870 
 to 1900, agrees to contribute a weekly payment towards the maintenance 
 of any child in any Industrial school, the requirements of the first 
 proviso to sec. 12 of the Industrial Schools Act, 1866, and of sec. 14 
 of the Elementary Education Act, 1873 (relating to previous notice 
 of intention to contribute), shall not apply to such contribution. 
 
 The Reformatory and Industrial Schools Amendment Act, 1872
 
 256 ELEMENTARY EDUCATION ACT, 1870. 
 
 (35 & 36 Viet., c. 21), by sec. 7 extends the powers of a prison 
 authority under sec. 12 of the Act of 1866, and after reciting that 
 section enacts that " the said section shall extend to authorize the 
 prison authority themselves to undertake anything towards which 
 they are authorized by that section to contribute', and that the 
 Industrial Schools Act, 1866, shall be construed as if in the said 
 section, so far as it relates to England, the expressions 'contribute 
 towards ' and ' contribution ' included respectively ' undertake ' and 
 'undertaking;' and that the expenses of a prison authority in 
 England incurred in pursuance of the section shall be defrayed 
 accordingly." 
 
 Doubts having arisen whether the enactment referred to applied to 
 school boards, it was provided by sec. 2 of the Elementary Education 
 (Industrial Schools) Act, 1879 (42 & 43 Viet., c. 48), post, that "a 
 school board shall have power themselves to undertake anything 
 towards which they are authorized by the Industrial Schools Act, 1866, 
 as applied by the Elementary Education Acts, 1870 and 1873, and the 
 Elementary Education Act, 1876, or any of them, to contribute, 
 subject nevertheless to the like consent as is required in the case of 
 any such contribution." 
 
 With regard to the cessation of the powers of the Council of a 
 borough as a prison authority in respect of contributing moneys in the 
 case of an industrial school, the Reformatory and Industrial Schools 
 Act, 1872 (35 & 36 Viet., c. 21), by sec. 8 provides as follows: 
 
 " Whereas by sec. 27 of the Elementary Education Act, 1870, it is 
 enacted that, upon the election of a school board in the borough, the 
 council of that borough shall cease to have power to contribute under 
 sec. 12 of the Industrial Schools Act, 1866 : Be it enacted that the 
 said enactment shall extend to all powers conferred on a prison 
 authority by this part of this Act [i.e. the powers to undertake anything 
 towards which they are authorized by sec. 12 of the Industrial Schools 
 Act to contribute], and the date at which the power of a prison 
 authority of a borough, who have during not less than six months 
 before the election of a school board in such borough contributed to 
 or maintained any industrial school, ceases in pursuance of the said 
 enactment, shall be and be deemed always to have been the date at 
 which the school board in the borough resolve, in the manner and 
 with the approval (if any) provided by sec. 12 of the Industrial Schools 
 Act, 1866, to contribute, in pursuance of that section, to the industrial 
 school to which the prison authority have so contributed, or, as the 
 case may be, resolve, under the provisions of and with the consent 
 required by the Elementary Education Act, 1870, to maintain such 
 industrial school ; provided that any such industrial school which was 
 so maintained by the prison authority may, notwithstanding any such 
 resolution, continue to be maintained by the prison authority, unless 
 they agree to transfer such school to the school board." 
 
 As to the powers of the Local Education Authority with regard to 
 contributing to the ultimate disposal of a child who has been com- 
 mitted to a certified industrial school, see sec. 4 (2) of the Elementary 
 Education Act, 1900 (63 & 64 Viet., c. 53), post. See also sec. 8 of 
 Youthful Offenders Act, 1901, Appendix, p. 521. 
 
 The Reformatory and Industrial Schools Act, 1872 (35 & 36 Viet.,
 
 33 & 34 VICT., c. 75, SEC. 28. 257 
 
 c. 21), by sec. 9 also empowers a prison authority in England, subject 
 to the provisions in sec. 8 (ante) of that Act, to contribute towards the 
 ultimate disposal of any inmate of a certified industrial school 
 established by such authority, and provides that the expenses incurred 
 by a prison authority in England in pursuance of this enactment shall 
 be deemed to be expenses incurred by such authority in carrying into 
 effect the provisions of the Industrial Schools Act, 1866. 
 
 As regards the term " prison authority " in the Acts above referred 
 to, it is to be observed that the term is defined by the Industrial 
 Schools Act, 1866, as meaning the prison authority under the Prison 
 Act, 1865. As to the transfer to County Councils of the administrative 
 business of County Justices in Quarter Sessions, with reference to the 
 establishment and maintenance of and the contribution to industrial 
 schools, and of the powers, duties, and liabilities of Councils in boroughs 
 with a population of less than 10,000 according to the census of 1881, 
 under the Acts relating to Industrial Schools, see sees. 3 (7) and 38 
 (2 c) of the Local Government Act, 1888 (51 & 52 Viet., c. 41). 
 
 With respect to the power of a Local Education Authority to borrow 
 for the purpose of contributing towards or undertaking the cost of the 
 alteration, enlargement, or rebuilding but not of the furnishing of an 
 industrial school, or the establishment or building but not of the 
 furnishing of a school intended to be an industrial school, or the 
 purchase of land required either for the use of an existing industrial 
 school or for the site of a school intended to be an industrial school, 
 see 42 & 43 Viet., c. 48, sec. 3, post. 
 
 As to the powers of a Local Education Authority to establish, build, 
 and maintain certified industrial schools, see sec. 28. 
 
 Under the Education Act, 1876 (39 & 40 Viet., c. 79, sec. 16), post, 
 a prison authority within the meaning of the Industrial Schools Act, 
 1866, and a Local Education Authority have respectively the same 
 powers in relation to a certified day industrial school as they have in 
 relation to a certified industrial school. 
 
 See sec. 4 of Youthful Offenders Act, 1901, Appendix, p. 519, as to the 
 power of the Council of any county or borough or Local Education 
 Authority to defray the whole or any part of the expenses of the 
 maintenance of children and young persons in custody under that 
 section. 
 
 Under sec. 36 an officer may be appointed by the Local Education 
 Authority to take the necessary steps for having sent to a certified 
 industrial school children liable to be so sent. 
 
 See also sec. 13 of the 39 & 40 Viet., c. 79, post, as to the duty of 
 the Local Education Authority with regard to taking proceedings for 
 sending children to industrial schools. 
 
 Establishment of Industrial School. 
 
 28. A school board may, with the consent of the Educa- 
 tion Department, establish, build, and maintain a certified 
 industrial school within the meaning of the Industrial
 
 258 ELEMENTARY EDUCATION ACT, 1 8/0. 
 
 Schools Act, 1866, and shall for that purpose have the 
 same powers as they have for the purpose of providing 
 sufficient school accommodation 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 industrial school are subject ; 
 and such school shall be subject to the provisions of the 
 said Act, and not of this Act. 
 
 For definition of the term " certified industrial school," see sec. 27, 
 note, and note to sec. 14 of the 39 & 40 Viet., c. 79, as to certified 
 truant industrial schools. 
 
 The powers of a Local Education Authority with regard to providing 
 school accommodation, which are applicable to the establishment and 
 maintenance of industrial schools, are those set forth in sees. 18, 19, 
 and 20. The Local Education Authority have the same powers in 
 relation to a certified day industrial school as they have in relation 
 to a certified industrial school (39 & 40 Viet., c. 79, sec. 16, post}. 
 
 See also provisions in sees. 12, 13, 14, 1 6, and 17 of the 39 & 40 Viet., 
 c. 79, sees. 2, 3, and 4 of the 42 & 43 Viet., c. 48, and sec. 4 of the 63 &. 
 64 Viet, c. 53, post, with regard to certified industrial schools and 
 certified day industrial schools. 
 
 By sec. 15 of the 39 & 40 Viet., c. 79, the consent of one of His 
 Majesty's Secretaries of State, instead of that of the Board of Educa- 
 tion, is necessary to empower a Local Education Authority to estab- 
 lish, build, or maintain a certified industrial school. 
 
 With regard to an objection that sec. 3 of the 42 & 43 Viet., c. 48, 
 post, had the effect of taking away any power which a school board 
 previously had to borrow for the purpose of defraying the cost of fur- 
 nishing a certified industrial school, Sir Henry James as Attorney- 
 General advised that in the case of an industrial school belonging to 
 a school board (as distinguished from an industrial school belonging 
 to other persons, towards the cost of which the school board contributed, 
 or part of the cost of which they undertook to defray) the school 
 board, with the consent of the Secretary of State, had under the 
 Elementary Education Acts of 1873 (36 & 37 Viet., c. 86, sec. 10) and 
 1876 (39 & 40 Viet., c. 79, sec. 15), the same powers of borrowing for 
 a term of years as they had in the case of an elementary school, and 
 that these powers were not taken away by the 42 & 43 Viet., c. 48, sec. 
 3, which applied only to cases where a school board contributed to or 
 undertook to provide for expenses of an industrial school not belonging 
 to them. 
 
 Appointment of Officers. 
 
 35. A school board may appoint . . . necessary officers, 
 including the 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 remuneration (if any) 
 as they think fit, and may from time to time remove any 
 of such officers. . . . (i)
 
 33 & 34 VICT., c. 75, SEC. 35. 259 
 
 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. 
 
 (i) The Customs and Inland Revenue Act, 1875 (38 Viet., c. 23), 
 repealed the provisions as to stamp duty on appointments, and con- 
 sequently this duty is no longer payable by officers. The terms as 
 regards salary and tenure of office may be set forth in the minute of 
 appointment. When this is done an agreement under seal which 
 involves payment of los. for stamp duty is unnecessary. 
 
 For definition of the term " teacher," see sec. 3. Sec. 14 requires 
 that every school provided by a Local Education Authority shall be 
 conducted as a public elementary school, and sub-sec. 4 of sec. 7 
 provides that a public elementary school shall be conducted in accord- 
 ance with the conditions required to be fulfilled by an elementary 
 school in order to obtain an annual parliamentary grant. These 
 conditions cannot be fulfilled unless the requirements of the Day 
 School Code are satisfied. 
 
 The teachers recognized by the Board of Education are (a) pro- 
 bationers ; (b~) pupil teachers ; (c} provisional assistant teachers ; 
 (d) assistant teachers ; (e) provisionally certificated teachers ; (/) cer- 
 tificated teachers ; (g) women approved by the inspector as additional 
 teachers. Lay persons alone are recognized as teachers. 
 
 With regard to the superannuation of teachers, see the Elementary 
 School Teachers' Superannuation Act, 1898 (61 & 62 Viet., c. $i),post. 
 See also Second Schedule (19), (20) to 2 Edw. 7, c. 42, ante, as to 
 superannuation allowances of officers. 
 
 Medical officers were appointed by the School Board for London 
 and the school boards of some populous boroughs under the powers 
 conferred by this section. 
 
 The officers who were appointed by school boards were to hold 
 office during the pleasure of the board. The officers appointed by 
 a Local Education Authority will hold office on the same terms. 
 
 In Hayman v. Governors of Rugby School (^ L. J. 834), with reference 
 to the provision in the Public Schools Act, 1868, that the head masters 
 of the schools to which that Act applied should hold office during the 
 pleasure of the governing body, Malins, V.C., said : " It is in my 
 opinion clear that the plaintiff and all the head masters of the schools 
 to which the Act applies hold their offices at the pleasure merely of 
 the new governing body, and are consequently liable to be dismissed 
 without notice, and without any reason being assigned." See also 
 R. v. Governors of Darlington School (6 Q. B. 682 ; 14 L. J. Q. B. 687) ; 
 Re Bedford Charity (5 Sim. 578) ; Dean v. Bennett (L. K. 6 Ch. 489) ; 
 and Teather v. Poor Law Commissioners (19 L. J. M. C. 70). In R. v. 
 Thomas (8 A. & E. 185), with reference to the office of town clerk, 
 the office being held during pleasure, it was held that a resolution 
 passed on the 25th July, rescinding a resolution passed on the 
 2oth July, appointing a person as town clerk, was a sufficient removal 
 from office. In Ex parte Richards (47 L. J. Q. B. 499), as to the
 
 26O ELEMENTARY EDUCATION ACT, 1 870. 
 
 office of clerk to a local board, which was held during the pleasure of 
 the local board, a quo ivarranto was refused on the ground that if the 
 writ could issue it would be an idle form. It might restore the late 
 officer momentarily, but he might be turned out again. 
 
 It would appear that the fact that an office was held during the 
 pleasure of the school board would not have precluded the board from 
 agreeing that certain notice should be given before determining the 
 appointment, except in the case of grave misconduct on the part of 
 the officer, and the same will be the case when the office is held under 
 a Local Education Authority. 
 
 By sec. 86, post, the provisions of sec. 17 of the School Sites Act, 1841, 
 as to the tenure of office of the schoolmaster or schoolmistress extend 
 to the case of any school provided by a Local Education Authority 
 and of any master or mistress of such school in the same manner as 
 if the Local Education Authority were trustees or managers of the 
 school as mentioned in that Act. By sec. 17 of the Act referred to 
 it is enacted that a schoolmaster or schoolmistress to be appointed 
 to any school erected upon land conveyed under the powers of the 
 Act shall " in default of any specific engagement hold his office at the 
 discretion of the trustees of the school." As to the first-mentioned 
 section, see cases referred to in notes on that. section. 
 
 As regards the appointment and tenure of office of teachers in 
 schools not provided by the Local Education Authority (Second 
 Schedule (13) to 2 Edw. 7, c. 42, ante), see sec. 7 (i), (), (c), (5), and 
 (7) of that Act. 
 
 In Kemp v. The School Board of Coddington and Fla instead (L. G. C., 
 April i, 1893, p. 286), it appeared that the plaintiff on 24th August, 
 1891, was arrested on a charge of having assaulted a girl, and was 
 committed for trial on 3ist August. On 3rd September the school 
 board determined that he should be requested to resign, but he refused 
 to do so. On the 7th September the clerk to the school board wrote 
 to him stating that the school board had dismissed him. The plaintiff 
 then immediately issued his writ claiming an injunction to restrain 
 the board from removing him. On I4th September he was tried and 
 acquitted. It was not until 8th January, 1892, that he obtained 
 another appointment. One of the conditions of the agreement entered 
 into with him by the school board provided that the employment 
 should be determinable by one month's notice. The action was to 
 recover from the school board his full salary up to 8th January, 1892, 
 amounting to 4O/. Mr. Justice Wills held that the school board were 
 at liberty to dismiss the plaintiff by giving him a month's notice ; but 
 as they did not give him this notice, the resolution dismissing him 
 was inoperative, and he continued the headmaster of the school until 
 8th January, 1892, when he undertook another appointment. He was 
 therefore entitled to judgment for the amount claimed, and the costs 
 of the action, and also of the application for an injunction. The appli- 
 cation for an injunction was not frivolous ; the plaintiff was accused 
 of an offence which there was much difficulty in disproving, and it 
 was highly important to him that he should not go into the dock as 
 having been dismissed by the school board from the office which he 
 had held under them. 
 
 In Re School Board of Castleford (2$ L. T., N. S., 459), the Court of 
 Queen's Bench refused an application for a quo ivarranto against the 
 clerk of the school board. The grounds on which the motion was
 
 33 & 34 VICT., c. 75, SEC. 35. 261 
 
 made were, that notice was not sent to every member of the school 
 board prior to the appointment being made, and that a person who 
 was not a member of the board voted in the election. The Lord 
 Chief Justice (Cockburn) in delivering judgment said that the office 
 of clerk was held at the pleasure of the school board, and that if the 
 clerk was elected against the will of the majority, the majority had 
 it in their power to displace him. Under these circumstances, even 
 if the writ would lie, the Court could not allow so much expense to 
 be incurred unnecessarily. 
 
 In a case in which a district auditor disallowed a portion of the 
 amount paid by a school board to one of the officers of the board, on 
 the ground that the salary was exorbitant and in excess of the value 
 of the services performed by the officer, the Local Government Board 
 on appeal reversed the decision of the auditor. The Board stated as 
 follows : " By section 35 of the 33 & 34 Viet., c. 75, it is provided 
 that a school board may appoint a clerk and a treasurer and other 
 necessary officers and may assign them such salaries or remuneration, 
 if any, as they think fit. It seems to the Board that this enactment 
 gives the school board an absolute discretion with respect to the 
 appointment of officers, their tenure of office, their removal from office, 
 and their salaries ; and the Board consider, therefore, that the auditor 
 cannot legally reduce by disallowance the amount of salary assigned 
 to an officer which in his view may appear to be excessive." 
 
 The remuneration of the treasurer, if such an officer is appointed, 
 may be either by salary or commission. In a case in which the 
 district auditor disallowed in the account of the treasurer a sum 
 charged as commission, on the ground that the only power in law of 
 reimbursing or paying a treasurer was by salary, the Local Govern- 
 ment Board, on an appeal, reversed the auditor's decision. If a sum 
 were assigned to the treasurer nominally as salary, but in fact by way 
 of payment in lieu of interest for advances made by him, the payment 
 would seem to be illegal. 
 
 On an appeal against a disallowance by a district auditor of a 
 gratuity to an officer, the Local Government Board, having regard to 
 the case Ex parte Mellish (8 L. T., N. S., 47), in which the Court of 
 Queen's Bench decided that gratuities cannot be granted out of a 
 public rate, held that the payment of the gratuity by the school board 
 was illegal. 
 
 With regard to the salaries of teachers in public elementary schools, 
 it appears from the report of the Board of Education for 1901-2 that the 
 average salary of a certificated master was I28/. 17^. 2.d., and of a school- 
 mistress 86/. us. \od. In addition to these emoluments, many of the 
 teachers were provided with residences free of rent. These averages 
 were calculated upon the whole of the certificated teachers whether 
 principals or additional. Of the certificated masters (principal 
 teachers), 2 were in receipt of salaries under go/.; 2544, 5o/. and less 
 than ioo/.; 5441, ioo/. and less than I5o/.; 2694, i^ol. and less than 
 2OO/. ; 1307, 2oo/. and less than 25o/. ; 567, 2$ol. and less than 3oo/.'; 
 449, 3oo/. and under 4oo/., 27, 4oo/. and under SOD/., and 6, 5oo/. and 
 over. Of the certificated assistant masters, 12 were in receipt of 
 salaries under 5o/. ; 5363, go/, and less than ioo/.; 4315, ioo/. and less 
 than I5o/. ; 1439, ISO/, and less than 2oo/. ; 16, 2oo/. and less than 25o/. ; 
 and I over 4OO/. Of the certificated mistresses (principal teachers), 
 134 received salaries under go/.; 10,855, 5/-and less than ioo/.; 4359, 
 ioo/. and less than I5O/. ; 1049, igo/. and less than 2oo/. ; 630, 2oo/.
 
 262 ELEMENTARY EDUCATION ACT, iS/O. 
 
 and under 2$ot. ; 131, 2507. and under 3oo/. ; 1 1, 3OO/. and under 4oo/. 
 Of the certificated mistresses (assistant), 1031 received salaries under 
 5o/. ; 16,790, 5o/. and less than ioo/. ; 4397, zoo/, and less than \$ol. ; 
 and n, 1507. and less than 2oo/. 
 
 With regard to the mode of remunerating teachers the Board of 
 Education in Revised Instructions (1901) state 
 
 "Article 81 of the Code provides that the school must not be con- 
 ducted for private profit. The practice that has been known to exist 
 of giving the whole income, or a considerable part of it, to the head 
 teacher, and allowing him to provide the staff and equipment required, 
 is clearly forbidden. But now that the amount of the grant is mainly 
 dependent on the attendance of the scholars, managers should con- 
 sider whether it is wise to continue the custom of making the teachers' 
 salaries vary with the grant. The reason, which was not very satis- 
 factory, formerly alleged in favour of this custom, viz., that it acted 
 as a stimulus to vigorous exertion, no longer exists. Teachers, like 
 other persons in steady employment, ought to know what salary they 
 can expect." 
 
 With regard to the income tax payable by husband and wife when 
 holding the offices of schoolmaster and schoolmistress, it may be 
 observed that the income of a married woman living with her husband 
 is deemed to be his income, and he is responsible for rendering a 
 statement of any profits belonging to her, and chargeable with income 
 tax. But if the total joint income of a husband and wife does not 
 exceed 5oo/., and the commissioners of taxes are satisfied that such 
 total joint income includes profits of the wife from any profession, 
 trade, employment, or vocation, chargeable under Schedule D, or 
 from any office or employment of profit chargeable under Schedule 
 E, carried on or exercised by means of her own personal labour, and 
 that the rest of the total joint income or any part thereof arises from 
 profits acquired by means of the husband's own personal labour, and 
 unconnected with the business of the wife, a separate claim of 
 exemption or abatement may be allowed in respect of such profits of 
 the wife. 
 
 With respect to the income tax payable by a schoolmaster of a 
 public elementary school, where his wife held the office of school- 
 mistress in the same school, the offices being held at a joint salary, 
 the question was raised in Bowers v. Harding ([1891] Q. B. 560; 60 
 L. J. Q. B. 474 ; 64 L. T. 201), whether the schoolmaster was entitled 
 to make a deduction, in estimating the amount of his income liable 
 to income tax, of the wages paid to a servant who was employed to 
 do the work of the house and the value of her board the employment 
 of the servant being necessary to enable the wife to attend to her 
 school duties. The Court held that the deduction could not be 
 allowed. 
 
 In connection with the question whether income-tax is chargeable 
 on teachers' residences connected with voluntary schools, the Board 
 of Inland Revenue, on the 28th June, 1902, stated as follows : 
 Elementary Schools fall within the exemption from income-tax 
 provided in favour of public schools by Clause 2 of No. VI. of 
 section 61 of 5 & 6 Viet., c. 35, and any teacher's residence forming 
 part of the school buildings would be included in the exemption unless 
 occupied by a teacher who paid rent for the same, or whose total 
 income from all sources exceeded i6o/. per annum. If the teacher paid 
 a rent for the residence to the trustees of the school, the latter, as
 
 33 & 34 VICT., c. 75, SEC. 35. 263 
 
 being trustees for a charitable purpose, would be entitled to claim 
 exemption from income-tax under Clause 4 of No. VI. (idem). When, 
 however, the teacher occupies the residence rent free, and his total 
 income exceeds i6o/. per annum, neither he nor the trustees can 
 claim relief from the income-tax charged in respect of the residence. 
 The trustees cannot claim relief on the ground that the total income 
 of the trust does not exceed i6o/. per annum, inasmuch as the right 
 to claim exemption from income-tax on the ground of smallness of 
 income is restricted to individuals and to bodies politic and corporate, 
 and the teacher cannot do so because it has been judicially decided 
 that a person who occupies a residence rent free (unless he has the 
 power of letting it) is not entitled to include the annual value of the 
 residence as a part of his personal income for the purpose of claiming 
 exemption or abatement of income-tax. There is no exemption in 
 the Income-Tax Acts applicable to separate residences provided rent 
 free for teachers of elementary schools and not belonging to the 
 public buildings of the school. Such residences would fall under the 
 general rule of Schedule A, and would be chargeable upon the annual 
 value quite irrespective of the amount of the teacher's personal 
 income, unless indeed he had the power of letting the residence, and 
 of so converting his interest into money, in which event he would be 
 entitled to include the annual value of the house as an item of his 
 personal income for the purpose of claiming exemption or abatement 
 of the tax in the usual course. 
 
 In Beaumoni v. Bowers ([1900] 2 Q. B. 204 ; 69 L. J. Q. B. 600 ; 
 48 W. R. 557 ; 83 L. T. 126 ; 64 J. P. 552), the appellant was clerk 
 to a board of guardians and to the assessment and school attendance 
 committees of the union, and under sec. 12 of the Poor Law Officers' 
 Superannuation Act, 1896, contributed annually for the purposes of 
 that Act a sum of I5/. icxy., which was deducted from his salary under 
 that section. He claimed to deduct this sum from the amount on 
 which he was assessed by virtue of the Income-Tax Act, 1842, and 
 it was held by the Court (Ridley and Darling, JJ.) that the amount 
 so contributed under the Poor Law Officers' Superannuation Act 
 came within the words " duties or other sums payable or chargeable 
 by virtue of any Act of Parliament," in sec. 146 of the Income-Tax 
 Act, 1842, and that the appellant was therefore entitled to the 
 deduction claimed. The same principle would appear to apply in the 
 case of deductions from the salaries of teachers for superannuations 
 under the 61 & 62 Viet., c. 57, post. 
 
 There were several disallowances by district auditors in the 
 accounts of school boards of payments towards the expenses of 
 candidates for appointments, and the Local Government Board 
 obtained the opinion of the law officers of the Crown as to the legality 
 of these charges. The Board, acting on that opinion, held that if 
 the school board by advertisement notified that they would pay the 
 expenses of persons offering themselves as candidates for offices to 
 which the board had power to appoint, and an application was made 
 on the faith of this notification, it would be lawful for the board to 
 pay the expenses of the applicant ; but that when there had been no 
 such notification, the expenses could not legally be paid by them. 
 Where the board expressly requested the attendance of a particular 
 candidate, they might agree with him to pay his expenses, and in that 
 case the payment by the board would be a legal one. 
 
 The clerk of a school board, it was held, was not disqualified for
 
 264 ELEMENTARY EDUCATION ACT, iS/O. 
 
 the office of guardian of the poor on the ground that his salary was 
 paid out of the poor rate within the meaning of the 5 & 6 Viet., c. 57, 
 sec. 14 ; tf. v. Dibben (L. R. 15 Q. B. D. 382 ; 54. L. J. Q. B. 557). 
 
 The Public Bodies Corrupt Practices Act, 1889, imposes heavy 
 penalties on any officer of a public body who corruptly solicits or 
 receives for himself or for any other person any gift, loan, fee, reward, 
 or advantage whatever as an inducement to or reward for or other- 
 wise on account of any member, officer, or servant of a public body 
 doing or forbearing to do anything in respect of any matter or trans- 
 action whatsoever, actual or proposed, in which the public body is 
 concerned. 
 
 The officers of a Local Education Authority should carefully 
 abstain from using the schools or the children in the schools for 
 party purposes in connection with elections. They should not allow 
 the schools to be used for canvassing or distribution of bills, and 
 in particular the children in attendance should not be employed 
 by them in such elections, and no influence whatever should be 
 brought by them to bear upon the children with reference to such 
 elections. 
 
 With respect to the transfer of officers to the Local Education 
 Authority and compensation for loss of office or emoluments, see 
 Second Schedule (16) to (21) to 2 Edw. 7, c. 42, ante. 
 
 Officer to enforce A ttendance at School. 
 
 36. Every school board may, if they think fit, appoint 
 an officer or officers to enforce any bye-laws under 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 justices in order to their being so sent, 
 and any expenses incurred under this section may be paid 
 out of the school fund. 
 
 As to bye-laws with reference to attendance at schools, see sec. 74. 
 
 With regard to the direction necessary to authorize the officer 
 appointed to enforce bye-laws to commence legal proceedings in a 
 court of summary jurisdiction, for non-attendance or irregular attend- 
 ance at school, see 39 & 40 Viet., c. 79, sec. 38, post. 
 
 With regard to the children who are liable under the Industrial 
 Schools Act to be brought before justices with a view to their being 
 sent to a certified industrial school, see note on sec. 27. See also 
 sees. 12, 13, 14, 16, and 17 of the 39 & 40 Viet., c. 79, and sees. 2, 
 3, and 4 of the 42 & 43 Viet., c. 48, post, as to certified industrial 
 schools, certified truant industrial schools, and certified day industrial 
 schools. 
 
 In R. v. Moore (L. G. C. (1888) 987 ; 52 J. P. 375), the question was 
 raised as to the means by which a child who is liable to be sent to a 
 certified industrial school can be brought before the justices in 
 order to his being so sent. The justices in this case had refused to
 
 33 & 34 VICT., c. 75, SEC. 52. 265 
 
 issue a summons for the appearance of the child, on the ground that 
 they had no jurisdiction, but suggested that if the child were brought 
 before them they would be prepared to deal with the case. The 
 affidavits showed that efforts had been made to take the child before 
 the justices without success. It was held by the Court that if there 
 was any difficulty in bringing the child before the justices, either by 
 reason of its resisting or of other persons keeping it out of the way, 
 the ordinary process should be followed and a summons issued. 
 The statute says, " any person may bring before any two justices." 
 That must mean " any person may bring " according to law " before 
 tvvo justices," and " according to law " must mean by summons. 
 The justices clearly have jurisdiction to issue a summons for the 
 purpose. 
 
 As to the payments, in the case of a child committed to a certified 
 Industrial School, of the expenses of and incidental to the conveyance 
 of the child to and from the school, and the sending of the child out 
 on licence or bringing back the child on the expiration or revocation 
 of a licence, see 63 & 64 Viet., c. ^post. 
 
 As to the school fund, see 2 Edw. 7, c. 42, Third Schedule (2), ante. 
 
 Combination of School Boards. 
 
 52. The school boards of any two or more school dis- 
 tricts, with the sanction of the Education Department, 
 may combine together for any purpose relating to 
 elementary schools in such districts, and in particular may 
 combine for the purpose of providing, maintaining, and 
 keeping efficient schools common to such districts. Such 
 agreements may provide for the appointment of a joint 
 body of managers, . . . and for the proportion of the con- 
 tributions 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. 
 
 Under this section there may be combinations of Local Education 
 Authorities with respect to schools provided by such authorities which 
 are common to the areas for which those authorities act. 
 
 The term '* school fund" is to be construed as referring to the fund 
 out of which the expenses of the Local Education Authority are 
 payable. Third Schedule (2) to 2 Edw. 7, c. 42, ante. 
 
 In the case of The Gellygaer School Board v. The Llangynidr 
 School Board, 12 T. L. R. 407, it appeared that the two school boards 
 in August, 1879, entered into an agreement for combination under 
 sec. 52 with the sanction of the Education Department. It was 
 thereby agreed that the two boards should be combined for the 
 purpose of providing, maintaining, and keeping efficient certain 
 
 T
 
 266 ELEMENTARY EDUCATION ACT, 1 870. 
 
 school accommodation, viz., To accommodate at the Newtown school 
 in the Gellygaer district the infants under seven years of age from 
 Llechrydd district in the parish of Llangynidr. The school accommo- 
 dation was to be deemed to be provided by the school board of 
 Gellygaer, but to be common to the districts of the two school boards. 
 The expenditure in connection with the school was to be borne by the 
 school fund of the school board of Gellygaer, and the school board of 
 Llangynidr were to pay such a proportion of the expenditure defrayed 
 out of rates, as the average attendance of children from Llangynidr 
 should bear to the total average attendance of children at the Newton 
 school for the school year. Clause 7 of the agreement was as 
 follows : If at any time one of the said school boards shall serve 
 upon the other of the said school boards a notice in writing expressing 
 a desire to dissolve this combination, then at such time not less than 
 six months after the service of such notice as may be specified in such 
 notice in that behalf, or if no such time is specified at such time after 
 the service of such notice as may be determined by the Education 
 Department, this combination shall be dissolved, subject, nevertheless, 
 to such terms as may be approved by the Education Department, and 
 each of the said school boards shall thereupon pay to such person and 
 in such manner as may be appointed by the said Department so much 
 money as the said Department may adjudge to be reasonably due on 
 the adjustment of the accounts and property of the said school boards. 
 In October, 1889, the defendants gave to the plaintiffs a notice in 
 writing " that it is their intention to dissolve the existing combination 
 agreement between the respective boards, dated August 8, 1879, at 
 the expiration of six months from the receipt hereof." After this 
 notice down to the commencement of the action in this case in 
 September, 1895, both infants and elder children from the Llechrydd 
 district continued to attend the Newtown school, but the defendants 
 refused to make to the plaintiffs any payment for the education of 
 these children. This action was brought to compel payment. The 
 plaintiffs alleged that the agreement for combination was still in force, 
 and that the notice of dissolution was invalid because the Education 
 Department had not approved of any terms subject to which the 
 agreement should be dissolved, and they claimed a declaration 
 that the agreement was effective and binding, notwithstanding the 
 notice of dissolution, and payment by the defendants of I73/., the 
 aggregate of the sums alleged to be payable under the agreement. 
 The defendants contended that the dissolution was valid. Mr. Justice 
 North held that on the construction of Clause 7 of the agreement 
 the terms which were to be approved by the Education Department 
 did not extend to an alteration of the date of the dissolution. The 
 dissolution therefore took effect as from April 18, 1890. 
 
 RETURNS AND INQUIRY.. 
 Returns by Local Authority. 
 
 67. On or before the first day of January, one thousand 
 eight hundred and seventy-one . . . every local authority 
 hereinafter mentioned, and subsequently any such local
 
 33 & 34 VICT., c. 75, SEC. 69. 267 
 
 authority whenever required by the Education Depart- 
 ment, but not oftener than once in every year, shall send 
 to the Education Department a return containing 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. 
 
 As to the " local authority " for furnishing returns, see sec. 69. 
 
 See also sec. 95, and the 62 & 63 Viet., c. 32, sec. 13, posf, as to the 
 duty of Local Education Authorities to make such returns, and give 
 such information as the Board of Education may from time to time 
 require, sec. 70 as to proceedings on default of the local authority, 
 and sec. 72 as to the refusal or neglect of managers or teachers to 
 fill up the forms required for returns. 
 
 Mode of obtaining Returns. 
 
 68. For the purpose of obtaining such returns the Edu- 
 cation Department shall draw up forms, and supply 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 specified in that behalf in the form. 
 
 As to the " local authority " for the purpose of furnishing returns, 
 see sec. 69. 
 
 Local Authority to make Retzirns. 
 
 69. The returns shall be made ... by the school 
 board. . . . 
 
 The local authority may, with the sanction of the Educa- 
 tion 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. 
 
 The duty of making these returns will devolve on the Local Educa- 
 tion Authority as the successors of the school board. 
 
 See sec. 70 as to proceedings on default of authority to make 
 returns required. 
 
 The Treasury only sanctioned the payment of expenses under this 
 section in those cases in which the persons employed to assist in 
 making the returns were so employed with the express sanction of the 
 Education Department.
 
 268 ELEMENTARY EDUCATION ACT, 1 8/0. 
 
 Proceedings on Default of A uthority to make Returns. 
 
 70. If any local authority fail to make the returns 
 required under this Act, the Education Department may 
 appoint any person or persons to make such returns, and 
 the person or persons so appointed shall for that purpose 
 have the same powers and authorities as the local authority. 
 
 The " local authority " for furnishing returns is the Local Education 
 Authority : see preceding section. 
 
 The 36 & 37 Viet., c. 86, by sec 19, post, further provides that 
 where the Board of Education have power to require the local 
 authority to send to them a return, they may, without requiring a 
 return from the local authority, appoint a person or persons to make 
 the return. 
 
 Inquiry by Inspectors of Education Department. 
 
 71. The Education Department may appoint any 
 persons to act as inspectors of returns, who shall proceed 
 to inquire into the accuracy and completeness of any one 
 or more returns made in pursuance of this Act, and into 
 the efficiency 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. 
 
 See also the provision in sec. 19 of the 36 & 37 Viet., c. 86, fast. 
 
 Refusal to Jill up Forms and to admit Inspectors. 
 
 72. If the managers or teacher of any school refuse or 
 neglect to fill up the form required for the said return, 
 or refuse to allow the inspector to inspect the schoolhouse 
 or examine 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. 
 
 For definition of the term " managers," see sec. 3. 
 
 PUBLIC INQUIRY. 
 
 73. Where a public inquiry is held in pursuance of the 
 provisions of this Act, the following provisions shall have 
 effect : (i) 
 
 (i.) The Education Department shall appoint some 
 person who shall proceed to hold the inquiry :
 
 33 & 34 VICT., c. 75, SEC. 73. 269 
 
 (2.) The person so appointed shall for that purpose hold 
 a sitting or sittings in some convenient place in 
 the neighbourhood ... 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 manner as 
 the Education Department direct of every such 
 sitting (except an adjourned sitting) seven days 
 at least before the holding thereof : 
 
 (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 objections and repre- 
 sentations, 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 . . . and notice of such 
 deposit to be published. (2) 
 
 (4.) The Education Department may make an order 
 directing that the costs of the proceedings and 
 inquiry shall be paid, according as they think 
 just, either by the district as if they were 
 expenses of a school board, or by the applicants 
 for the inquiry ; and such costs may be re- 
 covered, in the former case, as a debt due from 
 the school board . . . 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 ordering 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. 
 
 (1) See sec. 20 as to inquiries with respect to proposals of Local 
 Education Authorities to put in force the provisions of the Lands 
 Clauses Acts, relating to the purchase and taking of land otherwise 
 than by agreement. 
 
 The section applies also to any public inquiry which the Board of 
 Education think fit to hold for the purpose of the exercise of any of 
 their powers or the performance of any of their duties under the 
 2 Edw. 7, c. 42, ante. See sec. 23 (10) of that Act. 
 
 (2) As to the mode of publishing the notice of deposit, see sec. 20 of 
 the 36 & 37 Viet., c. 86, post.
 
 270 ELEMENTARY EDUCATION ACT, iS/O. 
 
 ATTENDANCE AT SCHOOL. 
 As to Attendance of Children at School. 
 
 74. Every school board may from time to time, with the 
 approval of the Education Department, make bye-laws for 
 all or any of the following purposes : (i) 
 
 (i.) 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 : (2) 
 
 (2.) Determining the time during which children are so 
 to attend school ; provided that no such bye-laws 
 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 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 : 
 
 (3) 
 
 (3.) Providing for the remission ... of the whole or any 
 part of the fees of any child where the parent 
 satisfies the school board that he is unable from 
 poverty to pay the same : (4) 
 
 (4.) Imposing penalties for the breach of any bye- 
 laws: (5) 
 
 (5.) Revoking or altering any bye-law previously made ; 
 Provided that any bye-law under this section requiring 
 a child between \teri\ 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 bye- 
 law. (6) Any of the following reasons shall be a reason- 
 able excuse (7) ; namely, 
 
 (i.) That the child is under efficient instruction in some 
 other manner ; 
 
 (2.) That the child has been prevented from attend- 
 ing school by sickness or any unavoidable 
 cause :
 
 33 & 34 VICT., c. 75, SEC. 74. 271 
 
 (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 bye-laws may prescribe. 
 
 The school board, not less than one month before sub- 
 mitting any bye-law under this section for the approval 
 of the Education Department, shall deposit a printed 
 copy of the proposed bye-laws at their office for inspec- 
 tion by any ratepayer and supply a printed copy thereof 
 gratis to any ratepayer, and shall publish a notice of such 
 deposit. (8) 
 
 The Education Department before approving of any bye- 
 laws 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. (9) 
 
 Any proceeding to enforce any bye-law may be taken, 
 and any penalty for the breach of any bye-law may be 
 recovered, in a summary manner; but no penalty imposed 
 for the breach of any bye-law shall exceed such amount as 
 with the costs will amount to [five shillings} for each offence, 
 and such bye-laws shall not come into operation until they 
 have been sanctioned by Her Majesty in Council, (ro) 
 
 It shall be lawful for Her Majesty, by Order in Council, 
 to sanction the said bye-laws, and thereupon the same 
 shall have effect as if they were enacted in this Act. 
 
 All bye-laws sanctioned by Her Majesty in Council 
 under this section shall be set out in an appendix to the 
 annual report of the Education Department, (n) 
 
 (i) Under this section it was optional with a school board whether 
 or not they would make bye-laws as to the attendance of children at 
 school. The law in this respect was altered by sec. 2 of the 43 & 44 
 Viet., c. "impost, which rendered it the duty of a school board of a 
 district in which bye-laws were not in force at the date of the passing 
 of the Act (26th August, 1880) to make bye-laws under this section 
 forthwith. 
 
 The powers of a school board as regards making bye-laws as to 
 the attendance of children at school were by the 39 & 40 Viet., 
 c. 79, extended to school attendance committees, whether appointed 
 by guardians, town councils, or sanitary authorities, and from the 
 "appointed day" the powers and duties of school boards and school 
 attendance committees are vested in the Local Education Authority. 
 The bye-laws in force on that day continue in force until revoked or 
 altered by them under the powers conferred by this section. 
 
 Where the Local Education Authority are a County Council, the 
 power of making bye-laws under this section includes a power of
 
 272 ELEMENTARY EDUCATION ACT, 1870. 
 
 making different bye-laws for different parts of the area of the Authority. 
 See Third Schedule (4) to 2 Edw. 7, c. 42, ante. 
 
 The 43 & 44 Viet., c. 22, sec. 2, it will be observed, provided that if 
 at any tune after the 3151 December, 1880, it appeared to the Educa- 
 tion Department that in any school district there were no bye-laws in 
 force, the Education Department might either proceed as if the school 
 board or school attendance committee, as the case might be, had 
 made default, or they might make bye-laws respecting the attendance 
 of children at school in the district. Where bye-laws have been made 
 by the Education Department under the Act referred to they have 
 effect and are to be enforced and be subject to revocation or alteration 
 as if they had been made by the school board or school attendance 
 committee, and had been sanctioned in pursuance of this section. 
 There is now no district without bye-laws. 
 
 The Board of Education issued a model form of bye-laws for 
 adoption under this section by school boards and school attendance 
 committees. The form is given in the Appendix : see p. 533. 
 
 (2) The bye-laws provided for by this section may apply to children 
 of such age, not less than five years nor more than thirteen years, as 
 may be fixed by the bye-laws. The 63 & 64 Viet., c. 53, post, however, 
 enacts, by section 6, that fourteen years shall be substituted for 
 thirteen years in this section, and consequently children between the 
 ages of thirteen and fourteen years who previously were exempted 
 ma'y be brought within the operation of bye-laws. 
 
 In the case of children who are above the minimum age specified 
 in the bye-law for exemption from attending school and are under 
 the age of fourteen years, the provisions as to school attendance which 
 apply are those of the Elementary Education Act, 1876 (39 & 40 Viet., 
 c. 79, sees, ii and 12, post}. 
 
 Under the 62 & 63 Viet., c. impost, thirteen years may be fixed as 
 the minimum age for total exemption from school attendance in the 
 case of children to be employed in agriculture, subject to certain 
 conditions as to partial exemptions. (See notes on that Act.) 
 
 There are exceptional provisions in the 56 & 57 Viet., c. 42, as to 
 cases of blind and deaf children, and in the 62 & 63 Viet., c. 32, as 
 to the cases of defective and epileptic children. 
 
 In order that the ages of children may be accurately ascertained 
 for bye-law and other school purposes, the 39 & 40 Viet., c. 79, post, 
 by sees. 25 and 26 provides for the obtaining of certificates and returns 
 of the births of children. 
 
 As regards the term " parents," see the definition in sec. 3 of this 
 Act. In Hance v. Burnett (45 J. P. 54), it appeared that the 
 respondent was the mother of a child under thirteen years of age, and 
 that after the child's birth she had married a mariner. A summons 
 was taken out against her on the 6th of April, 1880, for not sending 
 the child to school as required by the bye-laws. For some months 
 previous to this date her husband had been at sea in the pursuit of 
 his calling as a mariner. The magistrates considered that though 
 the respondent had the actual custody of the child, yet being a married 
 woman she could only be the agent or servant of her husband in 
 respect of the custody and management of the child, and they dis- 
 missed the case. The Court held that the magistrates were wrong. 
 The child was in the actual custody of the respondent, and she was 
 therefore within the definition of the word " parent," and liable to see
 
 33 & 34 VICT., c. 75, SEC. 74. 273 
 
 to the child being sent to school. It was intimated also that it was 
 immaterial whether the child was or was not the child of the husband. 
 It would appear, therefore, that a mother having the actual custody 
 of a child is liable to be proceeded against for a breach of the bye- 
 laws in not sending her child to school during the absence of her 
 husband. See also School Board for London v. Jackson, referred to in 
 note to sec. 12 of the 39 & 40 Viet., c. j<),post, as to the liability of 
 a parent in respect of a child who is staying temporarily with a 
 relative in another place. 
 
 The bye-laws may require the parents of children " to cause such 
 children to attend school '' unless there is some reasonable excuse. 
 As regards what is to be deemed a " reasonable excuse," see note 7 
 to this section. To " cause a child t'o attend school" means to " cause 
 the child to receive the instruction provided in the school." A parent 
 does not comply with the bye-law when he merely sends the child to 
 the door of the school without the school fee, if he knows that without 
 the fee the child will be refused admission : Saunders v. Richardson 
 (L. R. 7 Q. B. D. 388 ; 50 L. J. M. C. 137 ; 45 L. T., N. s., 319 ; 
 29 W. R. 800). Neither does the parent cause the child to attend 
 school within the meaning of the bye-laws if, when he is able to pay 
 the school fee fixed by the school board and sanctioned by the 
 Education Department, he sends the child to the board school without 
 the fee, although the child may be admitted to the school and receive 
 instruction therein. In The London School Board v. Wood (L,. R. 15 
 Q. B. D. 415; 54 L. J. M. C. 145 ; 54 L. T. 88), where the circum- 
 stances were as stated, the magistrate held that the respondent, 
 having sent his child to the school and the child having been in fact 
 admitted into the school and received education therein, could not 
 be convicted of wilfully omitting and neglecting to cause the child 
 to attend school within the meaning of the bye-law. In the Queen's 
 Bench Division, Lord Coleridge, C.J., and Grove, Denman, and 
 Mathew, JJ., held that the magistrate was wrong, and that the 
 respondent was liable to the penalty. Mathew, J., observed : " The 
 object of the Act is to compel the parent to provide for the education 
 of his child, and in my opinion he no more provided for her education 
 by sending her to school without the fees than he would have provided 
 for her support if he sent her to be maintained by charity." 
 
 Neither does the parent cause his child to attend school within the 
 meaning of the bye-laws when he sends his child to a school where 
 he is aware that admission will be refused. In Jones v. Rowland 
 (63 J. P. 454), it appeared that the child of the appellant Jones had for 
 some time prior to May, 1898, attended the St. Giles, Shrewsbury, 
 voluntary school, which was a public elementary school. In May, 
 1898, admission to this school was refused by the managers. The 
 appellant had due notice of the refusal to admit the child, and he was 
 informed at various times subsequently that the child would be 
 refused admission. He was also informed by the school board that 
 the Education Department had approved of the refusal by the 
 managers of the St. Giles school to admit the child, and that he must 
 send his child to another school, and it was mentioned to him what 
 were the schools of the Board within two miles of his residence that 
 would receive the child. The appellant had notwithstanding, on more 
 than one occasion, sent the child to the St. Giles school, admission 
 being refused and proceedings were then instituted against him by 
 the school board for contravening the bye-laws by not causing his 
 child to attend school. The justices were of opinion that the appellant
 
 2/4 ELEMENTARY EDUCATION ACT, 1 870. 
 
 well knew that his child would not be received at the St. Giles' school, 
 and that the mere offering of the child at that school was not an 
 attendance within the meaning of the bye-laws, and they convicted 
 the appellant. On a case stated it was held by the Queen's 
 Bench Divisional Court (Darling and Channell, JJ.), that the justices 
 were right, and the appeal was dismissed. 
 
 The attendance at school need not be at a public elementary school. 
 The requirement is that the child shall attend school, and the word 
 " school " in the bye-laws is usually defined as meaning a " certified 
 efficient school." Moreover, it is a reasonable excuse if the child is 
 under efficient instruction in some other manner. 
 
 (3) The bye-laws may determine the time during which the children 
 are to attend school. The bye-laws usually provide that " the time 
 during which every child shall attend school shall be the whole time 
 for which the school selected shall be open for the instruction of 
 children of similar age, including the day fixed by His Majesty's 
 inspector for his annual visit." This is, however, subject to any pro- 
 visions as to partial exemption from school attendance. 
 
 The detention at school after school hours of a child attending 
 a board school for not doing home lessons is unlawful, and renders 
 the master so detaining a child liable to be convicted for an assault : 
 Hunter v. Johnson (L. R. 13 Q. B. D. 225 ; 53 L. J. M. C. 182 ; 
 32 W. R. 857). 
 
 With respect to the withdrawal of children from religious ob- 
 servances and instruction, and the attendance of children at school 
 on a day expressly set apart for religious observance by the religious 
 body to which the parent belongs, see sees. 7, 14, and 76. The 
 character of the religious instruction to be given in schools is not one 
 of the purposes for which bye-laws may be made, and the Board of 
 Education have declined to sanction bye-laws on this subject. 
 
 The provision that the bye-laws shall not be contrary to anything 
 contained in any Act for regulating the education of children 
 employed in labour, has occasioned considerable difficulty. In the 
 case of Bury (App.) v. Cherry/holme (Resp.) (L. R. i Ex. D. 457), it 
 was contended that by virtue of the bye-laws of the school board 
 made under this section, the school board might, if they thought fit, 
 compel children to attend school full time, notwithstanding they were 
 working at a workshop, and attending school in conformity with the 
 provisions of the Workshop Regulation Act, 1860 ; and the decision 
 of the Court was in accordance with this view. A similar question 
 was subsequently raised in Mellor (App.) v. Denham (Resp.) (L. R. 
 4 Q. B. D. 241 ; 48 L. J. M. C. 113 ; 40 L. T., N. S., 395 ; 27 W. R. 
 505). In that case the child, although not complying with the bye- 
 laws, was regularly attending an efficient elementary school pursuant 
 to the Factory and Workshop Act, 1878, and the Court held that the 
 school board were not entitled to enforce their bye-laws against 
 children between the ages ;of ten and thirteen years, who, although 
 not obeying such bye-laws, were attending efficient elementary schools 
 pursuant to and otherwise observing the conditions of the Factory and 
 Workshop Act. In consequence of these conflicting decisions there 
 was an appeal, in the case of Mellor v. Denham, to the Court of 
 Appeal. The Court, however, held, that as the information which 
 was laid in the case related to a criminal offence within the meaning 
 of sec. 47 of the Supreme Court of Judicature Act, 1873, they had no
 
 33 & 34 VICT., c. 75, SEC. 74. 275 
 
 jurisdiction to hear the appeal : Mellor v. Denham (L. R. 5 (C. A.) 
 Q. B. D. 467 ; 49 L. J. M. C. 89 ; 42 L. T., N. s., 493)- 
 
 The Board of Education in their Report for 1901-2 state : "In 
 manufacturing districts a threatened collision between the labour 
 provisions of the Factory Act and those contained in the bye-laws 
 has been averted by the adoption of an attendance qualification for 
 exemption in the case of children over thirteen." 
 
 The Act of 43 & 44 Viet., c. 23, by sec. 4, as amended by sec. 6 of 
 the 63 & 64 Viet, c. 53, provides that any person who takes into his 
 employ a child under the age of fourteen years, before that child has 
 obtained a certificate of having reached the standard of education fixed 
 by a bye-law in force in the district for the total or partial exemption 
 of children of the like age from attendance at school, shall be deemed 
 to take such child into his employment in contravention of the 
 Elementary Education Act, 1876, and shall be liable to a penalty 
 accordingly. 
 
 This enactment will apply to children up to the age of fourteen 
 years when the bye-laws are made applicable to children of that age, 
 but only up to the age of thirteen years when this is the maximum 
 age for children within the operation of the bye-laws. 
 
 This is subject to the exceptional provisions in the cases of blind 
 and deaf children and defective and epileptic children, which are 
 contained in the 56 & 57 Viet., c. 42, and 62 & 63 Viet., c. 32, post. 
 
 As to the provisions of the Factory and Workshop Act, 1901, and 
 the Coal Mines Regulation Act as to the school attendance of children, 
 see Appendix, pp. 500-511. 
 
 There are special provisions in the Canal Boats Acts, 1877 and 
 1884, with regard to the application of bye-laws in the case of children 
 in canal boats. The provisions on this subject will be found in the 
 Appendix, p. 512. 
 
 There are also provisions in the Prevention of Cruelty to Children 
 Act, 1894, as to the employment of children. See Appendix, p. 515. 
 
 (4) See sec. 17 as to the powers of a Local Education Authority to 
 remit fees when in their opinion the parents are unable from poverty 
 to pay the same. See also the 54 & 55 Viet., c. 56, as to the admission 
 of children to schools without requiring any fee, independently of any 
 question as to the poverty of the parent. 
 
 (5) As to penalty for breach of bye-laws, see note 10. 
 
 (6) This proviso is to the effect that any bye-law 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 His Majesty's Inspectors certifies that such 
 child has reached a standard of education specified in the bye-laws. 
 
 The proviso was altered by the Elementary Education (School 
 Attendance) Act, 1893 (56 & 57 Viet., c. 51, post], which provided as 
 follows : " The age at which a child may obtain total or partial 
 exemption from the obligation to attend school, on obtaining a 
 certificate as to the standard of examination which he has reached, shall 
 be raised to eleven, and every such bye-law, so far as it provides for 
 such exemption, shall be construed and have effect as if a reference to 
 eleven years were substituted therein for a reference to a lower age,
 
 2/6 ELEMENTARY EDUCATION ACT, l8/O. 
 
 and in sec. 74 of the Elementary Education Act, 1870, eleven shall 
 be substituted for ten." 
 
 By 62 & 63 Viet., c. 13, sec. i, it is provided that on and after the 
 1st of January, 1900, the Elementary Education (School Attendance) 
 Act, 1893, shall have effect as if "twelve" were substituted therein 
 for " eleven." 
 
 The effect of the two Acts above mentioned and of sec. 6 of the 
 63 & 64 Viet., c. 53, referred to in note 2 on this section, is that the 
 proviso in this Act is to be read as if the words " between twelve and 
 fourteen years of age " were substituted for the words " between 
 ten and thirteen years of age." There are, however, certain 
 exceptions. The Act, 62 & 63 Viet., c. 13, contains a provision 
 applicable only to children to be employed in agriculture. It provides 
 that the local authority for any district may by bye-law for any parish 
 within their district fix thirteen years as the minimum age for 
 exemption from school attendance in the case of children to be 
 employed in agriculture, and that in such parish such children over 
 eleven and under thirteen years of age who have passed the standard 
 fixed for partial exemption from school attendance by the bye-laws of 
 the local authority, shall not be required ,to attend school more than 
 two hundred and fifty times in any year. The Act does not 
 impose on a local authority any obligation to make such a bye-law, 
 and, unless they do so, the enactment will be inoperative so far as 
 regards their district. 
 
 The form of bye-laws in the Appendix, p. 533, gives a form which 
 can be adopted when it is desired specially to provide, in accord- 
 ance with this enactment, for the case of children to be employed in 
 agriculture. 
 
 The last-mentioned Act contains a further proviso to the effect 
 that a child shall be entitled to obtain partial exemption from school 
 attendance on attaining the age of twelve years if such child has 
 made three hundred attendances in not more than two schools during 
 each year for five preceding years, whether consecutive or not. The 
 form of bye-laws in the Appendix, p. 533, includes a clause for giving 
 effect to this provision. 
 
 With regard to the enactments referred to, see notes on 63 & 64 
 Viet., c. ^post. 
 
 The form of bye-laws issued by the Board of Education contemplated 
 that a standard of education not lower than the fifth should be 
 adopted for total exemption, and that for partial exemption, when a 
 child is beneficially employed to the satisfaction of the local authority, 
 the standard of education should not be lower than the fourth. 
 
 The code of 1902 provides that to "reach a standard" a child 
 must be individually examined in reading, writing, and arithmetic in 
 that or a higher standard, and must pass in each of those subjects. 
 
 The regulations of the Board of Education with regard to the 
 granting of labour certificates in the case of children who are 
 qualified for total or partial exemption under the bye-laws will be 
 found in the Appendix, p. 551. 
 
 As to forgery of certificates, see sec. 25 of the 36 & 37 Viet., c. 86, 
 post. 
 
 (7) The clause specifies certain reasons which are to be deemed a 
 reasonable excuse for non-attendance at school. 
 
 In connection with the provision that when a child has been pre- 
 vented from attending school by sickness it is a " reasonable excuse,"
 
 33 & 34 VICT., c. 75, SEC. 74. 277 
 
 see sec. 3 of 62 & 63 Viet., c. 32, under which the Local Education 
 Authority may provide guides or conveyances for children who in the 
 opinion of the Authority are, by reason of physical or mental defect, 
 unable to attend school without guides or conveyances. 
 
 With regard to evidence as to sickness, the Local Government Board, 
 in reply to an inquiry whether a school board were empowered to pay 
 the cost of medical certificates as to the unfitness of children to attend 
 school through illness, stated generally that they considered that the 
 onus of supplying evidence of there being a reasonable excuse for 
 the non-attendance of a child at school devolved upon the parent of the 
 child, and if the parent obtained a medical certificate for this purpose 
 it did not appear to the Board that the school board could legally 
 undertake to bear the cost. If, however, through poverty or other 
 causes the parent did not obtain a medical certificate, and it became 
 necessary for the school board to determine whether proceedings 
 should be instituted to enforce the child's attendance, the Board were 
 of opinion that the cost of obtaining a certificate for the purpose of 
 enabling the school board to arrive at a decision would be a legal 
 charge on the rates. 
 
 The Local Government Board, in reply to an inquiry as to the duty 
 of district poor law medical officers to furnish, free of charge, certificates 
 as to the unfitness of children of poor parents to attend school, stated 
 that where a medical officer is attending a person on the order of the 
 guardians or of a relieving officer, it is his duty, under Article 205 (3) 
 of the General Consolidated Order, to give a certificate under his hand 
 in every case to the Guardians or the relieving officer, or the pauper 
 on whom he is attending, of the sickness of such pauper, or other 
 cause of his attendance, when required to do so, and that the Board 
 were advised that under this article a parent might require a certificate 
 of the sickness of his child when the child was attended by a district 
 medical officer. 
 
 As regards the provision that it shall be a reasonable excuse if there 
 is no public elementary school open that the child can attend within 
 such distance not exceeding three miles measured according to the 
 nearest road from the residence of the child as the bye-laws may 
 prescribe, it will be seen from sec. 23 (i) of 2 Edw. 7, c. 42, anfe, that 
 the powers of a Local Education Authority include the provision of 
 vehicles or the payment of reasonable travelling expenses for children 
 attending school, whenever the Local Education Authority consider 
 such provision or payment required by the circumstances of their 
 district or of any part thereof. The exercise of this power will 
 diminish the difficulty which arises, especially in the case of young 
 children, when the public elementary schools are at a considerable 
 distance from the homes of children. 
 
 In Belper School Attendance Committee v. Bay ley (L. R. 9 Q. B. D. 
 259 ; 51 L. J. M. C. 91), the question was raised whether there can 
 be a "reasonable excuse," other than one of those specified in the 
 section, which will protect the parent in the case of the non-attendance 
 of a child at school. In the case referred to it appeared that in proceed- 
 ings before the justices a certificate under the hand of the principal 
 teacher of the public elementary school was put in to show that from 
 the i8th of May, 1881, to the 23rd of September, 1881, the child had 
 made only 66 attendances out of a possible 158, but it was admitted 
 that the certificate only showed that the child was not present at the
 
 278 ELEMENTARY EDUCATION ACT, 1870. 
 
 marking of the register, that is, between 9. 15* and 9.30 a.m., and 
 between 2 and 2.30 p.m., and that there was no record of the children 
 who came late. For the defence it was proved that the child had 
 invariably been sent from home at such an hour as would enable him 
 to arrive at school at the proper time, and that on two occasions only 
 had the parent been informed, previous to the commencement of the 
 proceedings, that the child had arrived too late to be marked on the 
 register as attending. On both occasions the mother had corrected 
 the child for loitering on his way to school, and it was admitted that 
 the school fees had been paid. On this evidence the justices dis- 
 missed the complaint, and the question for the opinion of the Court was 
 whether the justices ought to have found that for the non-attendance 
 of the child there was not a reasonable excuse. The Court affirmed 
 the decision of the justices. Mr. Justice Grove said : Three reasons 
 are stated in the Act as a "reasonable excuse." But these are not 
 all. They do not exhaust the cases. Other reasons which would be 
 a reasonable excuse would often arise. The reasons specified are 
 given partly as illustrative and as the reasons which are most likely to 
 occur. Here the child was sent by the parent every day to go to 
 school at the usual time, and only on two occasions had the parent 
 any reason to believe that the child had not reached school at the 
 proper hour, and on those two occasions the child was punished for loiter- 
 ing. If the excuse in this case was not reasonable, a parent of a child 
 between the ages of five and thirteen would be obliged to go to school 
 with his child daily. If a parent were in a mere perfunctory manner 
 to put the child outside the door to go to school, and were then to set 
 up an assumption that the child attended school, the parent might be 
 liable for the non-attendance of the child, but this was not the case 
 here. Mr. Justice Lopes concurred. 
 
 In London School Board v. Duggan (L. R. 13 Q. B. D. 176 ; 53 L. 
 J. M. C. 104 ; 32 W. R. 768), proceedings were instituted against the 
 parent of a child for not causing his child to attend school in accord- 
 ance with the requirements of the bye-laws. According to the evidence, 
 the child was 12 years and 7 months old. She was working in the 
 second standard, but could read fluently, write well, and had been 
 fairly instructed in arithmetic and grammar. The child was the 
 eldest of the respondent's family, consisting of several children, and 
 had been employed as nursery maid in a respectable family, and had 
 earned y. a week (which she gave to her mother) and her food. The 
 father was a labourer, at very small wages, and if the parents had 
 been deprived of the additional money earned by the child in question 
 it would have been impossible for them to have provided adequate 
 food for their other children, and the health of some of the children 
 would probably have been seriously injured. During the period the 
 child was absent from school it was impossible for the parents to have 
 earned more money than they did, and they had not spent money in 
 drink or in other unnecessary ways. The officer of the school board 
 stated that the child's parents were sober, hardworking, respectable 
 people, influenced only by a desire for the benefit of all the children. 
 The magistrate held that the circumstances constituted a " reasonable 
 excuse " for non-attendance at school. The magistrate's decision was 
 held to be right. Stephen, J. : The child has been earning money 
 which must have formed a necessary and considerable part of the 
 maintenance of the family. She had been discharging the honourable 
 duty of helping her parents, and, for my own part, before I held that 
 these facts did not afford a reasonable excuse (or her non-attendance
 
 33 & 34 VICT., c. 75, SEC. 74. 279 
 
 at school, I should require to see the very plainest words to the contrary 
 in the Act. 
 
 If the prepayment of fees is made a rule in a board school, and a 
 child comes to a school without his fee, although the parent is not 
 unable from poverty to pay the fee, the refusal of admission would 
 not constitute a " reasonable excuse " within the meaning of this section 
 for non-attendance. Neither is it a " reasonable excuse." when the 
 parent sends his child to a school when he is aware that admission 
 will be refused. See Jones v. Rowland, in note (2) on this 
 section. 
 
 One of the conditions of a grant being made to a school is that 
 " no child shall be refused admission as a scholar on other than 
 reasonable grounds." As to grounds which have been considered 
 reasonable for refusing admission to a child, see note to Art. 78 of the 
 Code, p. 636. 
 
 (8) The mode of publishing notice of the deposit is prescribed by 
 sec. 20 of the 36 & 37 Viet., c. 86, post. The following order of the 
 Committee of the Privy Council on Education, which was made under 
 the powers conferred by that section, bears date the I3th of August, 
 1875: "Their Lordships, having read the 2oth section of the 
 Elementary Education Act, 1873, and having also read the order of 
 the Education Department of the 3oth December, 1873, made in 
 pursuance of the said section, do hereby, in pursuance of the said 
 section, order that (i) From and after the date of the present order the 
 aforesaid order of the 3Oth day of December, 1873, be revoked. (2) 
 From and after the date of the present order, the notice of deposit of 
 bye-laws under sec. 74 of the Elementary Education Act, 1870, shall 
 be published only by advertisement in some one or more of the 
 newspapers circulating in the district of the board whose bye-laws are 
 so deposited. (3) All acts done and proceedings taken before the date 
 of this order, shall, notwithstanding the revocation of the order of the 
 3oth December, 1873, be valid." 
 
 If- the Board of Education require alterations to be made in the 
 bye-laws submitted to them, the altered bye-laws must be deposited 
 for the inspection of the ratepayers for not less than one month, not- 
 withstanding that the bye-laws originally proposed were so deposited. 
 It is therefore found convenient to submit to the Board of Education 
 a draft of the proposed bye-laws, prior to their being deposited, with 
 the view of ascertaining whether the Board will be prepared to sanction 
 them. When this is done, alterations can be made without the loss of 
 a month. 
 
 (9) The Board of Education, before approving of bye-laws, 
 require to be furnished with a declaration of the due deposit of the 
 bye-laws and of publication of the notice, together with a copy of the 
 newspaper containing the advertisement. 
 
 (10) Under this section the authority may make bye-laws as to 
 school attendance, and impose penalties for the breach of such bye- 
 laws, but no penalty imposed for the breach of any bye-law shall 
 exceed such amount as, with the costs, will amount to five shillings for 
 each offence. 
 
 By sec. 6 (2) of the 63 & 64. Viet., c. 53, post, it is provided that the 
 maximum penalty for the breach of a bye-law requiring the attendance
 
 280 ELEMENTARY EDUCATION ACT, l8/O. 
 
 of a child at an elementary school shall be twenty shillings, and 
 accordingly twenty shillings shall be substituted for five shillings in 
 sec. 74 of the Elementary Education Act, 1870. 
 
 When the bye-laws have imposed a penalty for the breach of any 
 bye-law, and the maximum penalty so imposed has been fixed at such 
 amount as, with the costs, will amount to five shillings, it would appear 
 to be necessary, if it is desired to provide for the higher penalty, that 
 the bye-law should be altered by providing that the maximum penalty, 
 inclusive of costs, shall be fixed at twenty shillings. 
 
 The sanction of His Majesty in Council will not now be necessary 
 before bye-laws come into operation. The sanction of the Board of 
 Education will be all that is required, as sec. 6 (3) of the 63 & 64 Viet., 
 c. 53, provides that sec. 74 of the Elementary Education Act, 1870, 
 shall have effect as if the sanction therein referred to were the sanction 
 of the Board of Education instead of the sanction of His Majesty in 
 Council. 
 
 When the penalty which the defendant is ordered to pay for breach 
 of a bye-law does not amount to five shillings, sec. 8 of the 42 & 43 
 Viet., c. 49- (Summary Jurisdiction Act, 1879) applies. That section 
 provides as follows : 
 
 " Where a fine adjudged by a conviction by a Court of Summary 
 Jurisdiction to be paid does not exceed five shillings, then, except so 
 far as the Court may think fit to expressly order otherwise, an order 
 shall not be made for payment by the defendant to the informant of 
 any costs ; and the Court shall, except so far as they think fit to 
 expressly order otherwise, direct all fees payable or paid by the infor- 
 mant to be remitted or repaid to him. The Court may also order the 
 fine, or any part thereof, to be paid to the informant in or towards the 
 payment of his costs." 
 
 With reference to evidence, and other matters in proceedings for 
 recovery of penalties under bye-laws, see sec. 85 of this Act, sees. 23 
 and 24 of the 36 & 37 Viet., c. 86, and sees. 38 and 50 of the 39 & 40 
 Viet., c. 79, post. See also sec. 22 of the 36 & 37 Viet., c. 86, as to 
 the powers of the Local Education Authority to obtain returns of 
 the attendance of children at public elementary schools. 
 
 It will be observed from sec. 50 of the 39 & 40 Viet., c. 79, that 
 where an offence is punishable under a bye-law and also under the 
 Education Act of 1876, or any other statute, proceedings may be 
 instituted in respect of the act, neglect, or default, either under the 
 bye-law or the statute in the discretion of the authority or person 
 instituting the proceedings ; but proceedings under one enactment or 
 bye-law only can be instituted in respect of the same act, neglect, or 
 default. Any bye-law made before or after the ist of January, 1877, 
 when the Education Act, 1876, came into operation, if otherwise valid, 
 is not invalid by reason of its being more stringent than the provisions 
 of that Act. In The London School Board v. Bridge (In re Murphy), 
 and Morgan v. Haycock (see p. 321), post, it was held, notwithstand- 
 ing this provision, that if on the part of a parent there was such 
 habitual neglect to provide efficient elementary education for his child 
 as to bring the case within sec. 1 1 of the 39 & 40 Viet., c. 79, post, the 
 proper course was to proceed under that section, and that the local 
 authority were not entitled to proceed against the parent for a breach 
 of the bye-laws. This, however, is now met by the provision in sec. 4 
 of the 43 & 44 Viet, c. 23, post, that proceedings may, in the discretion 
 of the local authority or person instituting the same, be taken for 
 punishing the contravention of a bye-law, notwithstanding that the act,
 
 33 & 34 VICT., c. 75, SEC. 74. 281 
 
 or neglect, or default alleged constitutes habitual neglect to provide 
 efficient elementary education for a child within the meaning of sec. 1 1 
 of the 39 & 40 Viet., c. 79. See note (i) on that section. 
 
 No legal proceedings for non-attendance or irregular attendance at 
 school are to be commenced in a court of summary jurisdiction, by a 
 person appointed to enforce the bye-laws, except under the directions 
 referred to in sec. 38 of 39 & 40 Viet., c. 79, post. 
 
 With regard to the service of summonses, the Home Secretary, in a 
 letter dated the igth of November, 1883, stated that he had taken the 
 opinion of the Law Officers of the Crown on the question as to the 
 service of summonses by constables in cases under the Elementary 
 Education Acts, and that he was advised by them " that school 
 authorities have the right of insisting on the summonses being served 
 by the police, and that if the summonses are served by the police the 
 school authorities, as being the persons at whose instance the process 
 is issued and served, are bound to pay the fees to constables according 
 to the table settled by justices pursuant to statutory authority." It 
 would not appear that there would be any objection to the service of 
 the summonses by an officer of the Local Education Authority if the 
 justices consent. 
 
 The Home Secretary in 1883 expressed the opinion that the law did 
 not impose on the police the duty of collecting the penalties imposed 
 on parents for neglecting to send their children to school, and stated 
 that he was aware of no reason why it should be performed by them. 
 It would appear, therefore, that where the police decline to collect 
 the penalties referred to the only course open to the Local Education 
 Authority is for them to call upon their officers to collect the penalties, 
 where they are not at once paid on conviction. 
 
 The Secretary of State also stated that he was advised that when it 
 was deemed expedient to enforce payment of a sum adjudged by a 
 conviction, it devolved on the school board to apply to the Court for a 
 distress warrant. 
 
 In Cook v. Plaskett (46 L. T., N. s., 383), which came before the 
 Court before the passing of the 63 & 64 Viet., c. 53 (see sec. 6 of that 
 Act), the question was raised whether the limitation of the amount of 
 the penalty and costs to %s. applied so as to include the costs of a 
 distress warrant. In the case referred to, Plaskett was convicted of 
 an offence under the bye-laws, and a penalty of 3^. with 2s. costs was 
 imposed. The penalty and costs not being paid, the magistrate was 
 applied to to issue a distress warrant against the goods of Plaskett for 
 a sum of 8.y., viz., $s. being the amount of the penalty and costs above 
 mentioned, and $s. in respect of trie costs of the warrant of distress. 
 The magistrate considered that by the terms of the section he was 
 precluded from issuing a distress warrant for more than 5^., and 
 accordingly declined to do so, but the Court (Mr. Justice Grove and 
 Baron Huddleston) held the contrary. Mr. Justice Grove said : The 
 statute says that no penalty imposed for the breach of any bye-laws 
 shall exceed such sum as with the costs will amount to $s. Here the 
 penalty was 3^. and the costs 2s. The costs of the distress have 
 nothing to do with the matter. 
 
 In answer to an inquiry addressed to the Home Office, it was stated 
 that though the Secretary of State had no authority to give a legal 
 opinion in such a matter, he considered that for a member of a school 
 
 U
 
 282 ELEMENTARY EDUCATION ACT, l8/O. 
 
 board to adjudicate on a school board summons was illegal, and, if it 
 were legal, certainly inexpedient. 
 
 There are several decisions with reference to justices, who are 
 members of a local authority, acting in matters in which the local 
 authority are interested, to which it may be convenient to refer. 
 
 In R. v. Millege and others, Justices of Wey mouth (L. R. 4 Q. B. D. 
 332 ; 48 L. J. M. C. 139 ; 40 L. T., N. s., 748 ; 27 W. R. 659), the 
 proceedings were under the Public Health Act, 1875, which provides 
 that no justice of the peace shall be deemed incapable of acting in 
 cases arising under this Act by reason of his being a member of any 
 local authority. It appeared that three members of the town council, 
 who were justices of the borough, sat on the bench at the hearing of 
 a summons taken out under the Public Health Act, although they had 
 been present at the meeting at which the directions to prosecute were 
 given, and had been parties to the resolution on the subject. The 
 order made by the justices was quashed on the ground that they were 
 prosecutors, and could not therefore act as judges in the case. In the 
 course of the argument, however, Cockburn, C.J., observed that if 
 the justices had not taken part in determining the prosecution they 
 would not have been disqualified. 
 
 In JR. v. Lee and others (L. R. 9 Q. B. D. 394) also, where the 
 sanitary committee of the town council, who were the local authority 
 under the Public Health Act, 1875, passed a resolution directing the 
 town clerk to institute a prosecution against S. for exposure for sale 
 of meat unfit for human food, contrary to the provisions of that Act, 
 and at the hearing of the information laid in pursuance of that 
 resolution, S. was convicted before four justices, one of whom was a 
 member of the sanitary committee, and had been present at the 
 meeting at which the resolution was passed, it was held that a rule 
 for a certiorari to bring up and quash the conviction must be made 
 absolute. Field, J. : Sec. 258 of the Public Health Act has not the 
 effect of enabling a person to act as prosecutor and judge in the same 
 matter. It would require express terms in an Act of Parliament to 
 produce that effect. I think that the meaning of sec. 258 is clear. 
 It was thought that there might be inconvenience in carrying out the 
 Act owing to the difficulty in boroughs of getting justices to sit who 
 were not members of the corporation. The legislature, therefore, 
 went one step in the direction of removing that difficulty by enacting 
 that the mere fact of membership should not disqualify the justice. 
 The section, therefore, removes one ground of interest merely. There 
 is no warrant for holding that where a justice has acted as a member 
 by directing a prosecution for an offence under the Act, he is a 
 sufficiently disinterested person to be able to sit as a judge at the 
 hearing of the information. 
 
 In R. v. Gibbon and another, Justices of Lancashire (L. R. 6 Q. B. 
 D. 168 ; 29 W. R. 442), the proceedings were under a local Act, 
 which provided that the corporation should be the authority for the 
 execution of the Act, and that no person should be disqualified or 
 disabled to act as a justice of the peace in any matter arising under 
 the Act by reason of his being a member of the council or any com- 
 mittee thereof. In that case an information was laid by the borough 
 surveyor before an alderman of the corporation, who was an ex officio 
 justice. The defendant was summoned to appear at petty sessions. 
 The justices present at the petty sessions when the defendant appeared 
 were not members of the corporation, but ordinary justices of the 
 county at large. For the defendant, objection was taken that the
 
 33 & 34 VICT., c. 75, SEC. 74. 283 
 
 information was invalid, as it had been laid before a member of the 
 corporation, who was not entitled to receive it. This objection was 
 upheld by the justices, who refused to proceed, although it was not 
 alleged that the alderman before whom the information was laid had 
 been present at any meeting of the town council at which the question 
 of the proceedings had been considered. On a motion to make 
 absolute a mandamus commanding the justices to hear the case, it 
 was held by Manisty, J., that the justices were right in the course 
 which they had adopted. The corporation being entkled to the 
 penalty were the prosecutors, and the alderman before whom the 
 information was laid must be taken to have acted as a judge in con- 
 sidering the case before granting the summons. 
 
 In a later case, R. v. Handsley (L. R. 8 Q. B. D. 383 ; 51 L. J. M. 
 C. 137; 30 W. R. 368), it was held, where a section in a local Act 
 provided that " any person shall not be disqualified from acting as a 
 justice in any matter arising under or in relation to the Act by reason 
 of his being a ratepayer in the borough, or liable to any payments 
 under the Act, or a member of the town council or any committee 
 thereof," that it is not enough, in order to disqualify a justice from 
 adjudicating on matters arising under the Act, to show that he is a 
 member of the town council, and, as such, has a pecuniary interest in 
 the result of the information or complaint, or that he is a member of 
 the corporation charged with the duty of prosecuting the offence 
 which he sits to adjudicate upon, but it must be established that he 
 has such a substantial interest in the result as to make it likely that he 
 has a real bias. In the case referred to, K., an officer of the corpora- 
 tion who was charged with the duty of collecting the borough rates, 
 acting on his own discretion, and without consulting the town council 
 or any committee or member thereof, obtained a summons for the 
 non-payment of rates from a justice who was not a member of the 
 town council. At the hearing of the summons, one of the sitting 
 justices was a town councillor, and, on the ground that he was thereby 
 disqualified from adjudicating upon the matter, the justices dismissed 
 the summons. It was held that the justice was not disqualified, and 
 that the summons must be heard and determined. 
 
 In R. v. Justices of Huntingdon (L. R. 4 O. B. D. 522), where 
 members of the town council had taken an active part in discussions 
 at meetings of the council, as to the making of an order under the 
 Dogs Act, 1871, and were parties to the making of the order, and 
 subsequently convicted a person for an offence under the order, the 
 conviction was supported. See also R. v. Mayor and Justices of Deal, 
 ex parte Curlirtg (45 L. T., N. S., 439 ; 30 W. R. 154). In that case 
 A. had been convicted and fined for cruelty to a horse upon the 
 prosecution of an officer of the Royal Society for the Prevention of 
 Cruelty to Animals. Some of the justices who heard the summons 
 and took part in the conviction were subscribers to a branch of that 
 society, which received subscriptions in the country, and forwarded 
 them to the society's office in London. All prosecutions by the society 
 were directed by the secretary or committee in London, and no sub- 
 scribers had any authority over, or responsibility for, such prosecu- 
 tions, and the society never accepted any part of the penalties 
 inflicted under the Cruelty to Animals Prevention Act, 1849, sees. 2, 
 1 8, 21. It was held upon a rule for certiorari that there was nothing 
 in these facts to create a real bias in the minds of the justices which 
 could amount to a disqualifying interest.
 
 284 ELEMENTARY EDUCATION ACT, 1870. 
 
 (n) When bye-laws in pursuance of this section have been sanc- 
 tioned, it is, under sec. 23 of the 39 & 40 Viet., c. 79, the express duty 
 of the Local Education Authority to enforce the bye-laws. 
 
 MISCELLANEOUS. 
 
 Application of Small Endowments. 
 
 75. 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 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 endow- 
 ment, (i) 
 
 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 Department, shall have 
 effect as if it were a scheme made under that Act. (2) 
 
 A certificate of the Education Department that a school 
 was at the commencement of the Endowed Schools Act, 
 1869, in receipt of an annual parliamentary grant shall be 
 conclusive evidence of that fact for all purposes. 
 
 (i) The object of the Endowed Schools Act, 1869 (32 & 33 Viet., 
 c. 56), was to authorize various changes in the government, manage- 
 ment, and studies of endowed schools, and in the application of 
 educational endowments, with the view to promoting their greater 
 efficiency, and carrying into effect the main designs of the founders of 
 the schools, by putting a liberal education within the reach of children 
 of all classes. Every school which, at the date of the passing of that 
 Act (August 2, 1869), was in receipt of a parliamentary grant, unless 
 it was a "grammar school" as defined by 3 & 4 Viet., c. 77, was 
 excepted from the operation of its provisions. The schools thus 
 excepted are now provided for by this enactment. 
 
 The Endowed Schools Act, 1873 (36 & 37 Viet., c. 87), extends the 
 operation of this section. By sec. 3 of that Act it is provided as 
 follows : 
 
 " Where an endowed school, not being a grammar school defined 
 by the Act of the session of the 3 & 4 Viet., c. 77, or a department of 
 such a grammar school, is at the commencement of this Act " (the 
 1st of September, 1873) " an elementary school within the meaning of 
 the Elementary Education Act, 1870, and the gross average annual 
 income of the aggregate educational endowments of such school
 
 33 & 34 VICT., c. 75, SEC. 75. 285 
 
 during the three years next before such commencement did not 
 exceed one hundred pounds, in such case after the commencement 
 of this Act .... section seventy-five of the Elementary Education 
 Act, 1870, shall apply to such school and the endowments thereof in 
 like manner as if it were a school which, at the commencement of the 
 principal Act, was in receipt of an annual parliamentary grant, and 
 schemes may accordingly be framed, submitted, and approved under 
 the said section with reference to such schools and endowments. 
 
 '* Provided that nothing in this section shall prevent the com- 
 missioners from making, on the application of the governing body of 
 an endowment of which part only is an educational endowment to 
 which this ' section applies, a scheme dealing, in pursuance of the 
 principal Act, with the part of such endowment applicable or applied 
 to other charitable uses, and in such case the scheme may deal with 
 the endowed school and endowment thereof in like manner as if this 
 section had not been enacted. 
 
 " The governing body of every school to which this section applies 
 may, if they think fit, charge such fees to the scholars as may from 
 time to time be approved by the Committee of Council on Education, 
 and shall permit the school to be inspected and the scholars therein 
 to be examined by one of Her Majesty's Inspectors of Schools at such 
 times and in such manner as the Committee of Council on Education 
 may from time to time direct. 
 
 " The certificate of the Charity Commissioners for England and 
 Wales that a school is or is not a school to which this section applies 
 shall be conclusive evidence of the fact for the purposes of the 
 principal Act and this section." 
 
 The "governing body," according to sec. 7 of the Endowed Schools 
 Act, 1869, means "any body corporate, person or persons who have 
 the right of holding, or any power of government of or management 
 over any endowment, 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 any endowed 
 school, or with emoluments out of any endowment.'' 
 
 It may be observed in connection with this section that the Army 
 Schools Act, 1891 (54 Viet., c. 16), provides that where any scheme in 
 force for the regulation of any endowed charity or charities, established 
 or approved before or after the passing of that Act, includes any pro- 
 vision for the benefit of children who are or have been scholars in a 
 public elementary school, an army school shall be deemed a public 
 elementary school within the meaning of those provisions. 
 
 The expression " army school " means a school established for the 
 purpose of affording education to children of non-commissioned 
 officers and men of Her Majesty's regular land forces, and conducted 
 under the authority of a Secretary of State or of the Admiralty ; and 
 a certificate of the Director-General of Military Education or of the 
 Inspector of Naval Schools, as the case may require, is sufficient 
 evidence that a school is an army school within the meaning of 
 this Act. 
 
 See also sec. 2 (2) of the Board of Education Act, 1899 (62 & 63 
 Viet., c. 3$, post), with respect to the exercise by the Board of Educa- 
 tion of powers of the Charity Commissioners in matters which relate 
 to education, subject to the provision that any question whether an
 
 286 ELEMENTARY EDUCATION ACT, iS/O. 
 
 endowment, or part of an endowment, is held for or ought to be 
 applied to educational purposes, shall be determined by the Charity 
 Commissioners ; and sec. 13 of 2 Edw. 7, c. 42, ante, as to further 
 powers of the Board of Education with regard to endowments. 
 
 (2) Schemes under the Endowed Schools Act may provide, in such 
 manner as may render any educational endowment most conducive to 
 the advancement of the education of boys and girls, or either of them, 
 for altering and adding to any existing and making new trusts, 
 directions, and provisions in lieu of any existing trusts, directions, 
 and provisions which affect the endowment and education promoted 
 thereby, including the consolidation of two or more endowments, or 
 the division of one endowment into two or more endowments. 
 
 In Re St. Leonard, Shoreditch, Parochial Schools (L. R. 10 App. 
 Cas. 304 ; 54 L. J. P. C. 30 ; 51 L. T. 305 ; 33 W. R. 756), it was held 
 by the Privy Council that where the Charity Commissioners by their 
 scheme provided that certain endowments which had theretofore been 
 applied in carrying on the schools of a particular parish should 
 thenceforth be applied in exhibitions for the benefit of a larger area 
 of schools, this was within their power under sec. 9 of the Endowed 
 Schools Act, 1869, and that that being so the way in which those 
 powers had been exercised was not the proper subject of appeal. 
 Further, that a charity which has no instrument of foundation or 
 statutes or duly authorized regulations impressing upon it a denomi- 
 national character does not fall within the igth clause of the Endowed 
 Schools Act, 1869, or the 7th clause of the Endowed Schools Act, 
 1873, an d its trustees cannot impress upon it that character, nor is 
 any practice for the time being as to the application of its funds 
 sufficient evidence of there ever having been regulations in existence 
 which prescribed it. Where a charity is established by subscriptions, 
 the original subscribers alone are the founders the later benefactions 
 are on the footing of the original foundation. If its regulations are 
 relied upon as impressing upon it a denominational character, they 
 must be shown to have been authorized by all the founders, and to 
 have been issued before fifty years from their deaths. 
 
 In Re The Free Grammar School and Hospital of Archbishop 
 Holgate at Hemsworth, and the Grammar School at Barnsley (L. R. 
 12 App. Cas. 444 ; 56 L. J. P. C. 52 ; 56 L. T. 212 ; 35 W. R. 418), it 
 was held by the Privy Council that the removal of the site of a school 
 is within the scope of the Endowed Schools Act, 1869, and the powers 
 conferred on the commissioners by sec. 9. An annual sum temporarily 
 applied to the purposes of the school is an endowment within the 
 meaning of sec. 5. Sec. 19 does not relate to an endowment which 
 has been (whatever its original foundation) subjected to a scheme pro- 
 viding that religious instruction in the liturgy, catechism, and articles 
 of the Church of England shall be given, not to all boys, but to the 
 boys of parents in that communion and the boys of other parents who 
 do not object thereto in writing. 
 
 As to the powers of a Local Education Authority to become trustees 
 for any educational endowment or charity for purposes connected 
 with education, see sec. 13 of the 36 & 37 Viet., c. 86, post. 
 
 In In re Bowen, Lloyd Phillips v. Davis (1893) 2 Ch. 491 ; 62 
 L. J. Ch. 681), it appeared that the testator, who died in 1847, by 
 his will dated in 1846 bequeathed two sums of money to trustees upon 
 trust to establish schools in certain parishes, and to continue the same
 
 33 & 34 VICT., c. 75, SEC. 76. 287 
 
 for ever thereafter : and he declared that if at any time the Govern- 
 ment should establish a general system of education the several 
 trusts of the said legacies should cease and determine, and he be- 
 queathed the said sums of money in the same manner as he had 
 bequeathed the residue of his personal estate ; and he appointed his 
 three sisters to be his executrixes and residuary legatees. An originating 
 summons was taken out by the personal representatives of the residuary 
 legatees raising the question whether the Government had by the 
 Elementary Education Act, 1870, and the Acts amending it, established 
 a general system of education, and whether the trusts of the two sums 
 had ceased and determined, and whether those sums had fallen into the 
 residuary estate. It was held by Mr. Justice Stirling that the testator 
 had made an immediate disposition in favour of charity in perpetuity, 
 followed by a gift over of a future interest to arise upon an event 
 which need not necessarily occur within perpetuity limits ; and that 
 the gift over consequently failed. 
 
 Inspection of Voluntary Schools by Inspector not one of 
 Her Majesty's Inspectors. 
 
 76. Where the managers 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 any 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 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 any such 
 day. 
 
 For definition of the term " managers," see sec. 3, ante. 
 
 This section will only apply to schools not provided by the Local 
 Education Authority. As to the schools which are to be deemed to 
 be so provided, see 2 Edw. 7, c. 42, Second Schedule (13), ante. 
 
 With regard to the withdrawal of children from religious instruction 
 and observances, see sec. 7, ante. +
 
 288 ELEMENTARY EDUCATION ACT, 1870. 
 
 Education Department may apply to Charity Commis- 
 sioners under 16 & 17 Viet., c. 137, &c. 
 
 78. The Education Department shall, for the purposes 
 of the Charitable Trusts Acts, 1853 to 1869, be deemed to 
 be persons interested in any elementary school to which 
 those Acts are applicable, and the endowment thereof. 
 
 The Charitable Trusts Acts are specified in the note to sec. 22, 
 which extends the provisions of those Acts to the sale, leasing, and 
 exchange of any land or school house belonging to a Local Education 
 Authority, which may not be required by them. 
 
 See also sec. 2 (2) of the Board of Education Act, 1899 (62 & 63 
 Viet., c. 33, post), as to powers of the Charity Commissioners in 
 matters which relate to education being exercised by the Board of 
 Education, and the provision as to endowments in sec. 13 of 2 Edw. 7, 
 c. 42, ante. 
 
 Notices may be served by Post. 
 
 8 1. Certificates, notices, requisitions, orders, precepts, 
 and all documents required by this Act to be served or 
 sent may, unless otherwise expressly provided, 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 sufficient to prove that 
 the letter containing the certificate, notice, requisition, 
 order, precept or document, was prepaid and properly 
 addressed, and put into the post. 
 
 Notices to and by School Board. 
 
 82. Certificates, notices, requisitions, orders, and other 
 documents may be served on a school board by serving 
 the same on their clerk, or by sending the same to or 
 delivering the same at the office of such board. 
 
 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.
 
 33 & 34 VICT., c. 75, SEC. 83. 289 
 
 Evidence of Orders^ &c., of Education Department, 
 
 83. All orders, minutes, certificates, notices, requisitions, 
 and documents of the Education Department, if purporting 
 to be signed by some secretary 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 
 production of a copy thereof purporting to have been so 
 signed. 
 
 The Documentary Evidence Act, 1868, shall apply : tothe 
 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. 
 
 By the Documentary Evidence Act, 1868, primd fade evidence of any 
 order or regulation issued by the Privy Council, or by or under the 
 authority of any such department of the Government or officer as is 
 mentioned in the first column of the schedule to the Act, may be given 
 in all courts of justice, and in all legal proceedings, by the production 
 
 (1) of the London Gazette containing a copy of the order or regula- 
 
 tion ; or, 
 
 (2) of a copy of the order or regulation purporting to be printed 
 by the Government printer ; or, 
 
 (3) in the case of an order or regulation issued 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 some one of the lords or 
 others of the Privy Council, and in the case of any order or 
 regulation issued by or under the authority of any of the 
 departments or officers above referred to, of a copy or extract 
 purporting to be certified to be true by the person or persons 
 specified in the second column of the schedule in connection 
 with such department or officer. 
 No proof is to be required of the handwriting or official position of 
 
 any person certifying, in pursuance of the Act, to the truth of any copy 
 
 of or extract from an order or regulation. 
 
 The provisions of this section were extended by sec. 45 of the 39 & 40 
 
 Viet, c. 79, post, so as to apply to orders and documents of the Education 
 
 Department under that Act. 
 
 The Board of Education Act, 1899 (62 63 Viet, c. 33, >v/), by 
 sec. 2(1) provides that the Board of Education shall take the place of 
 the Education Department, and that all enactments and documents 
 shall be construed accordingly. See also the provisions in sec. 7 (2), 
 (3), (4), of that Act as to the certifying and receiving in evidence of 
 documents purporting to be issued by the Board. 
 
 The Documentary Evidence Act, 1882 (45 Viet., c. 9), also provides
 
 ELEMENTARY EDUCATION ACT, iS/O. 
 
 that where it is enacted that a copy of any order, regulation, &c., shall 
 be conclusive evidence, or be evidence, or have any other effect, when 
 purporting to be printed by the Government printer or the Queen's 
 printer, or a printer authorized by Her Majesty, or otherwise under Her 
 Majesty'slauthority, whatever may be the precise expression used, such 
 copy shall also be conclusive evidence, or evidence, or have the said 
 effect (as the case may be) if it purports to be printed under the super- 
 intendence or authority of Her Majesty's Stationery Office. 
 
 Any person who prints any copy of any order or regulation which 
 falsely purports to have been printed by the Government printer, or 
 under the superintendence of Her Majesty's Stationery Office, or who 
 tenders in evidence any copy which falsely purports to have been so 
 printed, knowing that it was not so printed, or who forges or tenders 
 in evidence, knowing the same to have been forged, any certificate by 
 the Act of 1868 authorized to be annexed to a copy of or any extract 
 from any order or regulation, is guilty of felony ; and on conviction is 
 liable to penal servitude for not exceeding seven years, or to be im- 
 prisoned for any term not exceeding two years, with or without hard 
 labour. 
 
 Effect of Requisitions of Education Department. 
 
 84. After the expiration of three months from the date 
 of any order or requisition of the Education 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. 
 
 The provisions of this section are extended by the 39 & 40 Viet., c. 
 79, sec. 45, post, so as to apply to orders or documents of the Educa- 
 tion Department under that Act, and by operation of sec. 2 (i) of the 
 62 & 63 Viet., c. 33, post, the Board of Education take the place of 
 the Education Department, and all enactments and documents are to 
 be construed accordingly. 
 
 With regard to this section the case of R. v. Justices of Flintshire 
 (R. v. Sankey and others'] (L. R. 3 O. B. D. 379 ; 47 L. J. M. C. 96) may 
 be referred to. In that case the question raised was as to whether 
 a conviction for personation at the voting on a resolution for an 
 application for a school board could be sustained. The voting was 
 under an order of the Education Department, which inter alia made 
 certain provisions of the Ballot Act applicable so as to involve a 
 penalty for personation. For the justices who convicted it was 
 contended that the order was within the powers of the Education 
 Department, and that apart from this, sec. 84 of the 33 & 34 Viet., c. 75, 
 precluded any objection to the legality of the order, as three months 
 had elapsed since the date of the order. Mr. Justice Mellor said : 
 " We should be proceeding against the recognized principles of 
 construction if we were so to extend the powers of the Department 
 as to make personation on the voting on a resolution for a school 
 board an offence without a direct statutory authority. As to sec. 84,
 
 33 & 34 VICT., c. 75, SEC. 85. 291 
 
 time never would pass to enlarge a jurisdiction that was not given." 
 Mr. Justice Lush concurred. With regard to the provision in sec. 84, 
 he said : " I think that it only applies to orders which may be 
 irregular to a given extent. They may prescribe things which they 
 have no right to prescribe. I cannot think that it was intended that 
 it should validate an order (which really amounts to a legislative 
 enactment creating a new offence) after the expiration of three 
 months from the date of the order. It must be taken that the order 
 in this case is a legislative provision without authority given for it 
 by the Act, and it cannot be that this is a matter which was intended 
 to be cured by three months elapsing without objection being taken 
 to the order." The conviction was accordingly quashed. 
 
 Appearance of School Board. 
 
 85. A school board may appear in all legal proceedings 
 by their clerk, or by some member of the board authorized 
 by a resolution of the board ; and every such resolution 
 shall appear upon the minutes of the proceedings of the 
 board, but every such resolution shall until the contrary is 
 proved, be deemed in any legal proceeding to appear upon 
 such minutes. 
 
 The Public Authorities Protection Act, 1893 (56 & 57 Viet, c. 61), 
 contains provisions for the protection of persons in the case of actions, 
 prosecutions, or other proceedings commenced against them " for any 
 act done in pursuance or execution or intended execution of any Act of 
 Parliament, or of any public duty or authority, or in respect of any 
 alleged neglect or default in the execution of any such Act, duty, or 
 authority." 
 
 \TiReidv. Blisland School Board, an action was brought against 
 the school board by the late schoolmaster of a school of the board 
 for libel. It appeared that the plaintiff and his wife were employed 
 by the school board to their satisfaction for ten years. The board 
 having given him notice to quit their service, he pointed out that under 
 his agreement they must specify the grounds of his dismissal. And at 
 a subsequent meeting a resolution was read accusing the plaintiff of 
 falsifying the attendance list, and also stating that the sewing taught 
 was not of an efficient character. At the conclusion of the evidence 
 for the plaintiff it was submitted for the school board that the Public 
 Authorities Protection Act, 1893, applied, and that the action had not 
 been commenced within six months as required by that Act. Mr. 
 Justice Wills held that, looking to the provisions of the Act referred 
 to, the judgment must be for the school board with costs. (17 Times 
 Law Rep. 626.) 
 
 For provisions as to legal proceedings, see sec. 92 of this Act, sees. 
 23 and 24 of the 36 & 37 Viet., c. 86, and sees. 37, 38, and 50 of the 
 39 & 40 Viet., c. 79, post.
 
 2Q2 ELEMENTARY EDUCATION ACT, 1 8/0. 
 
 Tenure of Teacher and his Removal from House tinder 
 sees. 17 and 18 of 4 & 5 Viet., c. 38. 
 
 86. 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 premises 
 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. 
 
 The School Sites Act, 1841 (4 & 5 Viet., c. 38), which contains the 
 provisions referred to (see sees. 17 and 18), will be found in the 
 Appendix, p. 480. 
 
 In Rendallv. Blair (L. R. 45 Ch. D. 139 ; 59 L. J. Ch. 641 ; 38 W. 
 R. 689), the plaintiff, a certificated teacher, had been appointed the 
 head master of a national school, and had entered into possession of 
 the school house by virtue of the appointment. The school was 
 founded under a deed executed pursuant to the School Sites Acts, 4 & 
 5 Viet., c. 38, and the 7 & 8 Viet., c. 37, a piece of land being con- 
 veyed upon trust to permit the premises to be used for a school and 
 as a residence for the teacher. The deed provided that the selection, 
 appointment, and dismissal of the school teachers should be in all 
 respects under the control and management of the incumbent and his 
 curate and four other persons to be nominated annually by the incum- 
 bent. The defendants, the vicar and four other persons acting as 
 managers of the school, gave the plaintiff notice that his services at 
 the expiration of three months would not be required. The plaintiff 
 alleged that in consequence of certain invalid appointments some of 
 the defendants were not managers of the school at the date of the 
 notice of dismissal, and that if they were managers they had dismissed 
 him improperly. He claimed an injunction to restrain the defendants 
 from dismissing him from his office, and from electing any other 
 person to the office, and from ejecting him from the school house 
 occupied by him in virtue of his office. The plaintiff had not obtained 
 under sec. 17 of the Charitable Trusts Act, 1853 (16 & 17 Viet., c. 
 137), a certificate from the Charity Commissioners authorizing him to 
 bring his action, and the defendants raised the objection to his right 
 to sue that he had not first obtained this certificate. The Court of 
 Appeal (Bowen and Fry, L.JJ., Cotton, L.J., dissenting) held revers- 
 ing the decision of Kay, J. that although the action might incidentally 
 involve the consideration of the deed of trust of the charity, it was not 
 such an action as required the consent of the Charity Commissioners. 
 The Court further held that even if the consent of the Charity Com- 
 missioners were necessary, it was not necessary to obtain it before the 
 commencement of the action, and that it would not be right to dismiss 
 the action without giving the plaintiff the opportunity of ascertaining 
 whether the Commissioners would give their consent. 
 
 In the case of the Itchingfield School Board v. Brooke, which was 
 heard in May, 1894, in the Queen's Bench Division before Mr. Justice
 
 33 & 34 VICT., c. 75, SEC. 94. 293 
 
 Grantham and a jury, the school board sued the defendant to recover 
 possession of a house which was attached to the office of head master 
 of the school of the school board. The defendant had held the office 
 of master and was dismissed, a month's notice being given, but he 
 refused to give up possession of the house. He contended that he had 
 not been properly dismissed, as the board when they gave him notice 
 were not properly constituted. He also claimed three months' notice. 
 The objection to the constitution of the board was that the rector of 
 the parish, although a member of the board, had not received notice 
 of the meeting at which the motion for the dismissal was carried, and 
 was therefore unable to attend and take part in the proceedings of the 
 meeting. The school board considered the rector out of office at the 
 time, as he had not, as they alleged, attended any meeting during a 
 period of six months, and had therefore become disqualified. He had 
 on one occasion within the period referred to gone to the school, 
 where he met the other members of the board, but this it was argued 
 was not a meeting of the board. The jury found that the meeting 
 with other members of the school board at the schoolroom on the 
 occasion referred to was not a meeting of the board, that the dismissal 
 was good, and that the month's notice was reasonable. 
 
 With respect to the appointment and tenure of office of teachers in 
 schools not provided by a Local Education Authority, see 2 Edw. 7, 
 c. 42, sec. 7 (i) (a) (c}, (5), and (7), ante. 
 
 The cases of Nott v. Williams (48 W. R. 316), Fisher v. Jackson 
 ( [1891] 2 Ch. 84 ; 60 L. J. C. D. 482 ; 64 L. T. 782), Lane v. Norman 
 (61 L. J. C. D. 149 ; 66 L. T. 83 ; 40 W. R. 268), and Pottle v. 
 Sharp (65 L J. Ch. 908 ; 75 L. T. 265), refer to the appointment or 
 dismissal of teachers under the provisions of trust deeds. 
 
 Recovery of Penalties. 
 
 -92. Any penalty and any money which under this Act 
 is recoverable summarily, and all proceedings under this 
 Act which may be taken in a summary 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, 
 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," and the Acts amending the same. 
 
 For further provisions with regard to recovery of penalties and 
 summary proceedings, see 36 & 37 Viet., c. 86, sees. 23 and 24, 
 post. 
 
 Effect of Schedules. 
 
 94. The schedules to this Act shall be of the same force 
 as if they were enacted in this Act, and the Acts mentioned
 
 294 ELEMENTARY EDUCATION ACT, l8/O. 
 
 in the Fourth Schedule to this Act may be cited in the 
 manner in that schedule mentioned. 
 
 Returns by School Board. 
 
 95. Every school board shall make such report and 
 returns and give such information to the Education 
 Department as the Department may from time to time 
 require. 
 
 See also sec. 13 of the 62 & 63 Viet., c. n,post, as to the duty of a 
 Local Education Authority to make returns and give information to 
 the Board of Education respecting their propeedings under that Act. 
 
 (II.) PARLIAMENTARY GRANT. 
 
 Parliamentary Grant to Public Elementary School only. 
 
 96. After the thirty-first day of March, one thousand 
 eight hundred and seventy-one, no parliamentary grant 
 shall be made to any elementary school which is not a 
 public elementary school within the meaning of this 
 Act. 
 
 No parliamentary grant shall be made in aid of building, 
 enlarging, improving, or fitting up any elementary school, 
 except in pursuance of a memorial duly signed, and con- 
 taining the information required by the Education Depart- 
 ment 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. 
 
 For definition of " public elementary school," see sec. 7. 
 As to conditions of annual parliamentary grant, see sec. 97, and 
 notes on the section. 
 
 Conditions of Annual Parliamentary Grant. 
 
 97. The conditions required to be fulfilled by an elemen- 
 tary school in order to obtain an annual parliamentary 
 grant shall be those contained in the minutes of the Edu- 
 cation Department in force for the time being (i), and shall 
 amongst other matters provide that after the thirty-first 
 day of March, one thousand eight hundred and seventy- 
 one
 
 33 & 34 VICT., c. 75, SEC. 97. 295 
 
 (i.) Such grant shall not be made in respect of any 
 
 instruction in religious subjects .... 
 but such conditions shall not require that the school shall 
 be in connection with a religious denomination, 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 .... 
 
 Provided that no such minute of the Education Depart- 
 ment 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. 
 
 (i) The conditions which, under the Day School Code, 1902, are 
 required to be fulfilled in order to obtain an annual parliamentary 
 grant are set forth in Arts. 76-92 of the Code (see pp. 636-646). 
 
 It will be observed from Art. 92 of the Code that in cases where any 
 of the conditions set forth in the Code (except such conditions as are 
 specially imposed by Act of Parliament) are not fulfilled, the Board 
 of Education have power, after considering all the circumstances, to 
 pay the grant or a portion of the grant and give a warning to the 
 managers that the grant may be withheld next year. 
 
 See also sec. 7 and with regard to schools not provided by a Local 
 Education Authority, 2 Edw. 7, c. 42, sec. 7, ante. 
 
 As to the powers of the managers of an elementary school to fulfil 
 the conditions required to be fulfilled to obtain a parliamentary grant 
 notwithstanding any provisions contained in any instrument regulating 
 the trust or management of their school, see sec. 99 and 2 Edw. 7, 
 c. 42, Third Schedule (7), ante. 
 
 The Second Schedule (n) and (12) to that Act contains provisions 
 which enable the Board of Education, when required for the purpose 
 of bringing the accounts of a school board to a close before the end 
 of the financial year of the school or for the purpose of making any 
 change consequent on the Act, to calculate any parliamentary grant 
 in respect of any month or other period less than a year, and to pay 
 any parliamentary grant which has accrued before the "appointed 
 day " at such times and in such manner as they think fit ; and also 
 provisions as to the payment and application of any parliamentary 
 grant payable to a public elementary school not provided by a school 
 board in respect of a period before " the appointed day." 
 
 As to the parliamentary grant in lieu of the grants which were paid 
 under the repealed provisions of this section, as amended by the 
 Elementary Education Act, 1897, and under the Voluntary Schools 
 Act, 1897, see sec. 10 of 2 Edw. 7, c. 42, ante. 
 
 See also the provisions of sec. 19 of the 39 & 40 Viet., c. 79, and 
 sec. 2 of the 53 & 54 Viet., c. 22, post, as to special parliamentary 
 grants, and sees. 1-4 and 6 of the 54 & 55 Viet., c. 56, as to " fee grants." 
 
 With respect to grants to industrial schools, see sees. 16 and 17 of 
 the 39 & 40 Viet., c. j
 
 296 ELEMENTARY EDUCATION ACT, iS/O. 
 
 Refusal of Grant to Unnecessary Schools. 
 
 98. If the managers of any school which is situate in the 
 district of a school board acting under this 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 Department for a parliamentary grant, 
 the Education Department may, if they think that such 
 school is unnecessary, refuse such application, (i) 
 
 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 the preceding year, and their reasons 
 for each such refusal. (2) 
 
 (1) For definition of the term "managers," see sec. 3. 
 
 See also sees. 8 and 9 of 2 Edw. 7, c. 42, ante, as to proposals to 
 provide new public elementary schools or to enlarge such schools, 
 and appeals to the Board of Education against such proposals. Any 
 school built in contravention of the decision of the Board of Education 
 on any such appeal is to be treated as unnecessary. A school for the 
 time being recognized as a public elementary school is not, however, 
 to be considered unnecessary if the number of scholars in average 
 attendance, as computed by the Board of Education, is not less than 
 thirty. 
 
 (2) The annual report of the Board of Education gives a statement 
 of the cases in which during the year a grant has been refused. The 
 reason which has been usually assigned for the refusal is to the effect 
 that there is no deficiency of accommodation in the district. 
 
 Power of Schools to take Parliamentary Grants. 
 
 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 obtain a parliamentary grant, 
 notwithstanding any provision contained in any instrument 
 regulating the trusts or management of their school, and to 
 apply such grant accordingly. 
 
 As to the conditions to be fulfilled in order to obtain a parlia- 
 mentary grant, see sec. 97, ante, and notes thereon. 
 
 This section also applies to the fulfilment of any conditions, the 
 performance of any duties, and the exercise of any powers under 
 2 Edw. 7, c. 42, as it applies to the fulfilment of conditions required in 
 pursuance of this Act to be fulfilled in order to obtain a parliamentary 
 grant (2 Edw. 7, c. 42, Third Schedule (7), ante]. 
 
 With reference to trust deeds, see also sec. 1 1 of 2 Edw. 7, c. 42, 
 ante.
 
 33 & 34 VICT., c. 75, sen 4. 
 
 297 
 
 REPORT. 
 Annual Report of Education Department. 
 
 100. The Education Department shall in every year 
 cause to be laid before both Houses of Parliament a report 
 of their proceedings under this Act during the preceding 
 year. 
 
 FOURTH SCHEDULE. 
 
 SCHOOL SITES ACTS. 
 
 The following Acts may be cited together as the " School Sites 
 Acts, 1841 to 1851." 
 
 Year and Chapter 
 of Act. 
 
 Title of Act. 
 
 Short Title by 
 
 which Acts may 
 
 be cited. 
 
 4 & $ Viet., C. 38 
 
 7 &8 Viet., c. 37 
 
 12 & 13 Viet., 
 c. 49. 
 
 An Act to afford further facilities 
 for the conveyance of endow- 
 ment of sites for schools. 
 
 An Act to secure the terms on 
 which grants are made by Her 
 Majesty out of the parliamen- 
 tary grant for the education of 
 the poor ; and to explain the 
 Act of the fifth year of Her 
 present Majesty, for the con- 
 veyance of sites for schools. 
 
 An Act to extend and explain 
 the provisions of the Acts 
 for the granting of sites for 
 schools. 
 
 The School Sites 
 Act, 1841. 
 
 The School Sites 
 Act, 1844. 
 
 The School Sites 
 Act, 1849. 
 
 14 & 15 Viet., An Act to amend the Acts The School Sites 
 c. 24. for the granting of sites for i Act, 1851. 
 
 schools. 
 
 These several Acts will be found in the Appendix, p. 471.
 
 ELEMENTARY EDUCATION ACT, 1873. 
 (36 & 37 VICT., c. 86.) 
 
 AN ACT TO AMEND THE ELEMENTARY EDUCATION 
 ACT (1870), AND FOR OTHER PURPOSES CONNECTED 
 THEREWITH. 
 
 [5/A August, 1873.] 
 
 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 : 
 
 The following sections of this Act are the provisions which apply 
 to England and Wales ; with the exception of the " Metropolis" 
 from the " appointed day " under sec. 27 of 2 Edw, 7, c. 42. 
 
 In connection with these sections it is to be borne in mind 
 
 (1) That references in this Act to school boards and school districts 
 are from the " appointed day " to be construed as references to 
 Local Education Authorities and the areas for which they act 
 (2 Edw. 7, c. 42, Third Schedule (i), 
 
 (2) That the Local Education Authorities throughout their area 
 from the "appointed day 1 ' have the powers and duties of a school 
 
 board and scJwol attendance committee, and school boards and school 
 attendance committees are abolished (2 Edw. 7, c. 42, sec. 5) ; and 
 
 (3) That a Local Education Authority may delegate to the educa- 
 tion committee with or without any restrictions or conditions as they 
 think fit any of their poivers except the power of raising a rate or 
 borrowing money (2 Edw. 7, c. 42, sec. 17). 
 
 PRELIMINARY. 
 Short Title. 
 
 i. This Act may be cited as " The Elementary Educa- 
 tion Act, 1873;" and this Act and "The Elementary 
 Education Act, 1870" (in this Act referred to as the
 
 36 & 37 VICT., c. 86, SEC. 13. 299 
 
 principal Act), may be cited together as " The Elementary 
 Education Acts, 1870 and 1873." 
 
 See note to sec. 27 (4) of 2 Edw. 7, c. 42, ante, as to the Elemen- 
 tary Education Acts, 187010 1900. 
 
 Constrttction of Act. 
 
 2. This Act shall be construed as one with the principal 
 Act, and the expression "this Act" in the principal 
 Act shall be construed to include this Act. 
 
 Power of School Board to accept Gifts for Educational 
 Purposes. 
 
 13. A school board shall be able and be deemed always 
 to have been able to be constituted trustees for any edu- 
 cational endowment or charity for purposes connected 
 with education, whether such endowment or charity was 
 established before or after the passing of the principal Act, 
 and to have and always to have had power to accept any 
 real or personal property given to them as an educational 
 endowment or upon trust for any purposes connected with 
 education : Provided that 
 
 (i.) Nothing in this section shall enable a school board 
 to be trustees for or accept any educational 
 endowment, charity, or trust, the purposes of 
 which are inconsistent with the principles on 
 which the school board are required by section 
 fourteen of the principal Act to conduct schools 
 provided by them ; and, 
 
 (2.) Every school connected with such endowment, 
 charity, or trust shall be deemed to be a school 
 provided by the school board, except that nothing 
 in this section shall authorize the school board to 
 expend any money out of the local rate for any 
 purpose other than elementary education ; and, 
 (3.) Nothing in this section shall affect the law of mort- 
 main or the Act of the ninth year of the reign of 
 King George the Second, chapter thirty-six. 
 
 Sec. 14 of the principal Act (33 & 34 Viet., c. 75), ante, requires that 
 a school provided by a Local Education Authority shall be conducted 
 as a public elementary school, and that no religious catechism or 
 religious formulary which is distinctive of any particular denomination 
 shall be taught in the school.
 
 3OO ELEMENTARY EDUCATION ACT, 18/3. 
 
 Schools which are deemed to have been provided by a school board 
 are to be deemed to be provided by the Local Education Authority : 
 see 2 Edw. 7, c. 42, Second Schedule (13). 
 
 With reference to the transfer of an endowment to a Local Education 
 Authority, see note to sec. 23 of the 33 & 34 Viet., c. 75, as to the 
 cases of The London School Board v. Faulconer, Gurney and others 
 v. West Ham School Board, and The Llanbadarnfaiur School Board 
 v. The Official Trustees of Charitable Trusts. 
 
 In Re Poplar and Blackwall Free School (L. R. 8 Ch. Div. 545), 
 the Master of the Rolls observed : " A difficulty sometimes occurs in 
 cases where an existing charity school is transferred to a school 
 board, and a new scheme has to be prepared for the regulation of 
 the charity fund. Application of the fund for the general purposes of 
 the school is objectionable, because that is really a grant in aid 
 of rates, and not strictly for the benefit of the school. I think that 
 the fund should be applied somewhat in the mode suggested, that is, 
 for the advancement of learning in the school ; as, for instance, in 
 establishing exhibitions or scholarships." 
 
 In R. v. Charity Commissioners for England and Wales (1897), 
 I Q. B. 407, it appeared that, under a scheme under the Endowed 
 Schools Act, 1869, and amending Acts, six competent persons, duly 
 qualified to discharge the duties of the office of almoner, were to be 
 appointed by the Governors of Christ's Hospital on the recommenda- 
 tion of the School Board for London. The School Board, on a 
 vacancy occurring, nominated a lady as almoner, but the governors 
 refused to appoint her on the ground that, being a woman, she was 
 not qualified to be appointed under the scheme, and further that they 
 had a discretion to refuse to appoint a person, even though duly 
 qualified to discharge the duties of the office and duly recommended. 
 The London School Board then applied to the Charity Commissioners 
 to determine, under clause 143 of the scheme, the regularity or validity 
 of the proceedings of the governors in refusing to appoint the lady 
 nominated by the Board as an almoner. Clause 143 provided "that 
 any question affecting the regularity or validity of any proceeding 
 under the scheme shall be determined conclusively by the Charity 
 Commissioners." The Charity Commissioners refused to decide the 
 question, and the London School Board applied for a mandamus to 
 compel the Charity Commissioners to do this. It was held by the 
 Court (Wright and Bruce, JJ.) that a mandamus ought not to issue 
 on the ground that the School Board had alternative, convenient 
 and effectual remedies, namely, by proceedings to have the question 
 decided under section 28 of the Charitable Funds Act, 1853, or by 
 action against the governors in the ordinary course. 
 
 As to extension of the provisions of the Endowed Schools Act as to 
 schools, or endowments of schools to schools in receipt of a parlia- 
 mentary grant, and the power of the Board of Education to approve 
 schemes in such cases, see sec. 75 of the 33 & 34 Viet., c. 75, ante. 
 
 See also sec. 2 (2) of the Board of Education Act, 1899, 62 63 Viet., 
 c. 33, post, with respect to the exercise by the Board of Education of 
 powers of the Charity Commissioners in matters which relate to 
 education, and sec. 13 of 2 Edw. 7, c. 42, ante, as to endowments. 
 
 It may be observed that the Charities Inquiries (Extension) Act, 
 1892 (55 & 56 Viet., c. 92), empowers the council of any county or 
 county borough, if they think fit, to pay or contribute towards the 
 expenses of any inquiry conducted by the Charity Commissioners
 
 36 & 37 VICT., c. 86, SEC. 15. 301 
 
 into any charities which are by the trusts governing their administra- 
 tion expressly appropriated in whole or in part for the benefit of their 
 county or county borough, or of any part thereof. The payment or 
 contribution may be made out of the county fund, or in the case of a 
 county borough out of the borough fund or borough rate. 
 
 With regard to the term "local rate" it is to be construed as 
 referring to the rate out of which the expenses of the Local Education 
 Authority are payable (2 Edw. 7, c. 42, Third Schedule (2)). 
 
 The Act 9 Geo. 2, c. 36, was repealed by 51 & 52 Viet., c. 42. See 
 note to sec. 23 (5) of 2 Edw. 7, c. 42, ante. 
 
 Amendment 0/29 & 30 Viet., c. 118, s. 12, as applied to 
 School Boards. 
 
 14. Where a school board exercises the powers of a 
 prison authority under the Industrial Schools Act, 1866, 
 not less than fourteen days', instead of not less than two 
 months', previous notice shall be given of the intention of 
 the school board to take into consideration the making of 
 the contribution mentioned in section twelve of that Act. 
 
 As regards the powers of a Local Education Authority as to certi- 
 tified industrial schools and certified day industrial schools, see sees. 27 
 and 28 of the 33 & 34 Viet., c. 75, ante, sees. 15 and 16 of the 39 & 40 
 Viet., c. 79, sees. 2 and 3 of the 42 & 43 Viet., c. 48, and sec. 4 of the 
 63 & 64 Viet., c. 53, post. 
 
 For provisions of sec. 12 of the Industrial Schools Act, 1866, see note 
 to sec. 27 of the 33 & 34 Viet., c. 75, ante. It is to be observed, that the 
 Youthful Offenders Act, 1901 (p. 522 of Appendix), provides that where 
 a local authority acting in pursuance of the Acts relating to Industrial 
 Schools or the Elementary Education Acts, 1870 to 1900, agree to con- 
 tribute a weekly payment towards the maintenance of a child in any 
 industrial school, the requirements of the first proviso to sec. 12 of 
 the Industrial Schools Act, 1886, and of sec. 14 of the Elementary 
 Education Act, 1873 (relating to previous notice of intention to con- 
 tribute), shall not apply to such contribution. 
 
 Amendment of 33 & 34 Viet., c. 75, s. 20. 
 
 15. For the purpose of the purchase of land otherwise 
 than by agreement under section twenty of the principal 
 Act, the Act confirming an order of the Education Depart- 
 ment for such purchase, together with the principal Act, 
 shall be deemed to be the special Act. 
 
 The Act of 1870, by sec. 20, provided, with reference to the compulsory 
 purchase of sites for schools, that in construing the Lands Clauses Acts 
 for the purposes of that section, the " special Act " should be taken to 
 mean that Act, i.e., the Act of 1870. It is now provided that that Act 
 and the Act confirming the order of the Board of Education for the 
 purchase are to be deemed the " special Act."
 
 302 ELEMENTARY EDUCATION ACT, 1873. 
 
 Extension of 33 & 34 Viet., c. 75, s. 70, as to Returns. 
 
 19. Where the Education Department have power under 
 the principal Act to require any local authority to send to 
 them a return, the Education Department, without requir- 
 ing such local authority to make the return, shall have the 
 same power of appointing a person or persons to make such 
 return as they would have under section 70 of the principal 
 Act if the local authority had been required to make and 
 had failed to make such return. 
 
 The Local Education Authority, as the local authority under sec. 69 
 of the 33 & 34 Viet., c. 75, ante, may, under sec. 67 of that Act, be 
 required by the Board of Education not oftener than once in every 
 year to send to the Board a return, containing such particulars with 
 respect to the elementary schools and children requiring elementary 
 education in their district as the Board of Education may from time to 
 time require. Sec. 70 of that Act empowers the Board of Education in 
 the case of the failure of the local authority to make the returns 
 required, to appoint any person or persons to make such returns. The 
 power of the Board of Education, it will be observed, is extended, so as 
 to enable them in the first instance to appoint a person to make these 
 returns, without first applying to the local authority for them. 
 
 Notices for Purposes of Elementary Education Acts. 
 
 20. Notices and other matters required by the Elemen- 
 tary Education Acts, 1870 and 1873, to be published, shall, 
 unless otherwise expressly provided, be published either 
 by advertisement, and by affixing the same on the doors 
 of churches and chapels, and other public places, or in 
 such other manner as the Education Department may 
 either generally or with respect to any particular district, 
 place, or notice, or class of districts, places, or notices, by 
 order determine, as being in their opinion sufficient for 
 giving information to all persons interested (i) ; and all 
 overseers, assistant overseers, and officers of guardians shall 
 comply with the directions of the Education Department 
 with respect to such notices, and any expenses incurred by 
 them in carrying into effect this section may be paid as 
 their expenses under the Acts relating to the relief of the 
 poor. (2) 
 
 Every person who wilfully tears down, injures, or defaces 
 any notice affixed in pursuance of the Elementary Educa- 
 tion Acts, 1870 and 1873, or any order of the Education 
 Department made thereunder, shall be liable, on summary 
 conviction, to a penalty not exceeding forty shillings. (3)
 
 36 & 37 VICT., c. 86, SEC. 22. 303 
 
 (1) The 33 & 34 Viet., c. 75, ante, by sec. 80, which has been repealed, 
 rendered it necessary, in every case where it was not otherwise ex- 
 pressly provided by that Act, that notices and other matters required 
 to be published should be published by advertisement in one or more 
 newspapers, as well as by causing copies to be affixed on church and 
 chapel doors and other places to which public notices were usually 
 affixed. 
 
 An order of the Education Department dated the I5th of October, 
 1875, as to tne publication of notices with regard to the deposit of 
 bye-laws, provides as follows : 
 
 From and after the date of the present order, the notice of deposit 
 of bye-laws under sec. 74 of the Elementary Education Act, 
 1870, shall be published only by advertisement in some one or 
 more of the newspapers circulating in the district of the board 
 whose bye-laws are so deposited. 
 
 (2) Sec. 34 of the 39 & 40 Viet., c. 79, which provided that ex- 
 penses incurred by officers of guardians in carrying into effect this 
 section, when paid by the guardians, might be charged by them to 
 the parish in respect of which such expenses were incurred, is repealed 
 by 2 Edw. 7, c. 42. 
 
 (3) As to proceedings for recovery of penalties, see sec. 23. 
 
 Returns by Schools to School Boards. 
 
 22. In any school district in which a bye-law under 
 section seventy-four of the principal Act is in force, the 
 school board of such district may from time to time supply 
 forms to any public elementary school for the purpose 
 of obtaining reasonable information with respect to the 
 attendance of children residing in their district who attend 
 such school ; and the managers of such school, if they fail 
 to cause such forms to be truly filled up and returned in 
 manner required by the school board, or to cause such 
 information to be given as will enable the school board to 
 ascertain whether a child resident within their district and 
 attending that school attends the same in manner required 
 by the said bye-law, shall cause to be produced to such 
 member or officer of the school board or other person 
 as may be duly authorized in that behalf by the school 
 board at any reasonable time when required by him, 
 the registers and other books and documents containing 
 information with respect to the attendance of children at 
 such school, and shall permit him to inspect and take 
 copies of and extracts from the same. 
 
 If any difference arises between a school board and the 
 managers of a public elementary school as to whether the 
 information required by the said forms is or is not reason- 
 able, such difference shall be referred to the Education 
 Department, whose decision shall be final.
 
 304 ELEMENTARY EDUCATION ACT, 1873. 
 
 For definition of the term " managers," see sec. 3 of 33 & 34 Viet., 
 c. 75, ante. 
 
 In a case in which the superintendent visitor of the London school 
 board desired to obtain the names of the children on the roll of 
 a voluntary school for the purpose of verifying the returns of the 
 annual scheduling, the Education Department held that this was 
 undoubtedly reasonable information with respect to the attendance 
 of children within the meaning of this section, and accordingly decided 
 that the managers must either furnish the information asked for or 
 allow any person duly authorized by the school board to inspect the 
 registers of the school. 
 
 Legal Proceedings. 
 
 23. All offences and penalties under the principal Act 
 or this Act, or any bye-law under the principal Act, which 
 may be prosecuted or recovered on summary conviction, 
 may be prosecuted and recovered in manner provided by 
 the Summary Jurisdiction Acts. 
 
 The court of summary jurisdiction, when hearing and 
 determining an information or complaint, shall be con- 
 stituted either of two or more justices of the peace in 
 petty sessions sitting at a place appointed for holding 
 petty sessions, or of some magistrate or officer sitting 
 alone or with others at some court or other place appointed 
 for the administration of justice, and for the time being 
 empowered by law to do alone any act authorized to be 
 done by more than one justice of the peace. 
 
 With regard to the service of summonses by the police, recovery of 
 penalties, applications for distress warrants, costs of distress, and 
 adjudications by members of school boards on school board sum- 
 monses, see note 10 on sec. 74 of the 33 & 34 Viet., c. 75, ante. 
 
 Regulations as to Legal Proceedings. 
 
 24. With respect to proceedings before a court of 
 summary jurisdiction (i) for offences and penalties under 
 the principal Act, or this Act, or any bye-law under 
 the principal Act, the following provisions shall have 
 effect : . . . (2) 
 
 (3.) In any proceeding for an offence under a bye-law, 
 the court may, instead of inflicting a penalty, 
 make an order directing that the child shall 
 attend school, and that, if he fail so to do, the 
 person on whom such order is made shall pay 
 a penalty not exceeding the penalty to which 
 he is liable for failing to comply with the bye- 
 law : (3)
 
 36 & 37 VICT., c. 86, SEC. 24. 305 
 
 (4.) Any justice may require by summons any parent 
 or employer of a child, required by a bye-law to 
 attend school, to produce the child before a court 
 of summary jurisdiction, and any person failing, 
 without reasonable excuse to the satisfaction of 
 the court, to comply with such summons shall be 
 liable to a penalty not exceeding twenty shillings : 
 
 (5.) A certificate purporting to be under the hand of the 
 principal teacher of a public elementary school, 
 stating that a child is or is not attending such 
 school, or stating the particulars of the attendance 
 of a child at such school, or stating that a child 
 has been certified by one of Her Majesty's 
 Inspectors to have reached a particular standard 
 of education, shall be evidence of the facts stated 
 in such certificate : (4) 
 
 (6.) Where a child is apparently of the age alleged for 
 the purposes of the proceeding, it shall lie on the 
 defendant to prove that the child is not of such 
 age: (5) 
 
 (7.) If a child is attending an elementary school which 
 is not a public elementary school, it shall lie on 
 the defendant to show that the school is efficient, 
 and the court in considering whether an elementary 
 school is efficient, shall have regard to the age 
 of the child and to the standard of education 
 corresponding to such age prescribed by the 
 minutes of the Education Department for the 
 time being in force with respect to the parlia- 
 mentary grant : 
 
 (8.) Where a school board are, by reason of the default 
 of the managers or proprietor of an elementary 
 school, unable to ascertain whether a child, who 
 is resident within the district of such school 
 board and attends such school, attends school in 
 conformity with a bye-law made by such school 
 board, it shall lie on the defendant to show that 
 the child has attended school in conformity with 
 the bye-law : (6) 
 
 (9.) Any person may appear by any member of his 
 family or any other person authorized by him 
 in this behalf. (7) 
 
 (1) As to " Court of Summary Jurisdiction," see sec. 23. 
 
 (2) Sub-clauses i and 2 of this section were repealed by the 
 Summary Jurisdiction Act, 1884 (47 & 48 Vict, 3 c, 43). These
 
 306 ELEMENTARY EDUCATION ACT, 1873. 
 
 clauses were as follows : (i.) The description of the offence in the words 
 of the Act or bye-law, or as near thereto as may be, shall be sufficient 
 in law. (2.) Any exception, exemption, proviso, excuse, or qualification, 
 whether it does or not accompany the description of the offence in 
 the Act or bye-law, may be proved by the defendant, but need not 
 be specified or negatived in the information, and if so specified or 
 negatived no proof in relation to the matters so specified or negatived 
 shall be required on the part of the informant. Provisions to the 
 same effect as those repealed are contained in sec. 39 (i) and (2) of 
 the Summary Jurisdiction Act, 1879 (4 2 & 43 Viet., c. 79). 
 
 (3) With regard to the penalty for failing to comply with a bye-law, 
 see sec. 74 of the 33 & 34 Viet., c. 75, ante, and sec. 6 (2) of the 
 63 & 64 Viet., c. 53, post. 
 
 (4) The word " reached " is construed by the Board of Education as 
 meaning " passed." 
 
 As to the offence of forging or counterfeiting a certificate, or giving 
 or signing a false certificate, or knowingly using a forged or false 
 certificate, see sec. 25. The standards of elementary education 
 referred to are those prescribed by the Code, see p. 648. 
 
 (5) The 39 & 40 Viet., c. 79, by sees. 25 and 26, post, provides 
 facilities for obtaining certified copies of entries in the registers of 
 births for purposes connected with elementary education. 
 
 (6) With regard to the powers of Local Education Authorities 
 to obtain information as to attendance of children at public elementary 
 schools not provided by them, see sec. 22, ante. 
 
 (7) As to the appearance of the Local Education Authority in 
 legal proceedings, see sec. 85 of the 33 & 34 Viet., c. 75, ante. 
 
 Forgery of Certificate, and giving False Information. 
 
 25. Every person who forges or counterfeits any certifi- 
 cate which is by this Act made evidence of any matter, or 
 gives or signs any such certificate which is to his know- 
 ledge false in any material particular or, knowing any such 
 certificate to be forged, counterfeit, or false, makes use 
 thereof, shall be liable on summary conviction to imprison- 
 ment for a period not exceeding three months, with or 
 without hard labour. 
 
 This section is extended, by sec. 37 of the 39 & 40 Viet., c. 79, post, 
 to the forgery of certificates under that Act. 
 
 DEFINITIONS AND REPEAL. 
 Interpretation. 
 
 27. In this Act 
 
 The term "guardians" includes any body of persons 
 performing the functions of guardians within the
 
 36 & 37 VICT., c. 86, SEC. 28. 307 
 
 meaning of the Acts relating to the relief of the 
 
 poor : 
 The term " union " means any union or incorporation of 
 
 parishes under any general or local Act, and any 
 
 single parish having guardians as defined by this Act 
 
 under any general or local Act : 
 The term "common fund " means, in the case of a union 
 
 which comprises only one parish, the fund applicable 
 
 to the relief of the poor of such parish : . . . 
 
 Repeal and Savings. 
 
 28. The principal Act is hereby repealed, to the extent 
 specified in the third column of the fourth schedule to this 
 Act. 
 
 Provided that 
 
 (i.) Any order or regulation of the Education Depart- 
 ment made under any enactment hereby repealed 
 shall continue in force as if it had been made 
 under this Act : 
 
 (2.) Any school board elected under any enactment 
 hereby repealed shall continue and be deemed 
 to have been elected under this Act : 
 (3.) The repeal of any Act or enactment by this Act 
 
 shall not 
 (a.) Affect anything duly done or suffered under any 
 
 such Act or enactment ; or 
 
 (.) Affect any right, privilege, obligation, or liability 
 acquired, accrued, or incurred under any such 
 Act or enactment, or bye-law ; or 
 (c.) Affect any penalty, forfeiture, or punishment 
 incurred in respect of any offence committed 
 against any such Act, enactment, or bye-law ; 
 or 
 
 Affect any investigation, legal proceeding, or 
 remedy in respect of any such right, privilege, 
 obligation, liability, penalty, forfeiture, or 
 punishment as aforesaid ; and any such in- 
 vestigation, legal proceeding, and remedy 
 may be carried on as if this Act had not 
 passed.
 
 ( 308 ) 
 
 VVENLOCK ELEMENTARY EDUCATION ACT. 
 (37 & 38 VICT., c. 39.) 
 
 AN ACT TO PROVIDE FOR THE EXCEPTION OF THE 
 BOROUGH OF WENLOCK FROM THE CATEGORY OF 
 BOROUGHS UNDER THE "ELEMENTARY EDUCATION 
 ACT, 
 
 [30/A July, 1874-] 
 
 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 : 
 
 Wenlock not to be deemed a Borough, &c. 
 
 I. That for the purposes of the "Elementary Education 
 Act, 1870," the municipal borough of Wenlock shall not 
 be deemed to be a borough, and the elections of school 
 boards within the said borough shall take place and be 
 conducted in the manner and under the Regulations in 
 such Act provided for a parish. 
 
 This Act is not included amongst the Acts expressly repealed by 
 2 Edw. 7, c. 42, but it appears to be rendered inoperative by that Act. 
 
 The provision that for " the purposes of the Elementary Education 
 Act, 1870, the municipal borough of Wenlock shall not be deemed to 
 be a borough " does not appear to exclude, in the case of this borough, 
 which at the last census had a population exceeding ten thousand, the 
 operation of sec. I of 2 Edw. 7, c. 42, under which the council of a 
 non-county borough with a population of over ten thousand is consti- 
 tuted the Local Education Authority for that borough for the purpose 
 of elementary education. As regards the provision as to the election 
 of a school board, the Local Education Authority have the powers 
 and duties of a school board from the appointed day : see sec. 5 of 
 last-mentioned Act,
 
 ( 309 ) 
 
 THE ELEMENTARY EDUCATION ACT, 1876. 
 (39 & 40 VICT., c. 79.) 
 
 AN ACT TO MAKE FURTHER PROVISION FOR 
 ELEMENTARY EDUCATION. 
 
 August, 1876.] 
 
 WHEREAS it is expedient to make further provision for the 
 education of children, and for securing the fulfilment of 
 parental responsibility in relation thereto, and otherwise to 
 amend and to extend the Elementary Education Acts : 
 
 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 : 
 
 The following sections of this Act are the provisions which apply 
 to England and Wales, with the exception of the Metropolis, from 
 the " appointed day" under sec. 27 of 2 Edw. 7, c. 42. 
 
 In connection with these sections, it is to be borne in mind 
 
 (1) That from the appointed day references in this Act to a school 
 board are to be construed as references to the Local Education 
 Authorities, and that the Local Education \Authorities are therefore 
 the local authority for the purposes of this Act, and that a reference 
 to 'a school district is to be construed as a reference to the area for 
 which the Local Education Authority act, except in the case of 
 paragraph 2 of sec. 19; 
 
 (2) That from ''the appointed day" the Local Education 
 Authority throughout their area have the powers and duties of a 
 school board and school attendance committee, and that school boards 
 and school attendance committees are abolished ; and 
 
 (3) That a Local Education Authority may delegate to the edu- 
 cation committee, with or without any restrictions or conditions as 
 they think Jit, any of their powers, except the p Giver of raising a rate 
 or borrowing money. 
 
 PRELIMINARY. 
 Short Title. 
 
 i. This Act may be cited as the " Elementary Education 
 Act, 1876." 
 
 See note to sec. 27 (4) of 2 Edw. 7, c. 42, ante, as to the "Elemen- 
 tary Education Acts, 1870 to 1900."
 
 3IO ELEMENTARY EDUCATION ACT, 1876. 
 
 Extent of Act. 
 
 2. This Act shall not, save as otherwise expressly pro- 
 vided, apply to Scotland or Ireland. 
 
 By sec. 53 it is provided that the provisions in this Act with respect 
 to the conditions to be fulfilled by schools in order to obtain an annual 
 parliamentary grant shall apply to Scotland. 
 
 Commencement of Act. 
 
 3. This Act shall, save as otherwise expressly provided, 
 come into operation on the first day of January, one 
 thousand eight hundred and seventy-seven (which day 
 is in this Act referred to as the commencement of this 
 Act). 
 
 PART I. 
 
 LAW AS TO EMPLOYMENT AND EDUCATION OF 
 CHILDREN. 
 
 Declaration of Duty of Parent to educate Child. 
 
 4. It shall be the duty of the parent of every child to 
 cause such child to receive efficient elementary instruction 
 in reading, writing, and arithmetic, and if such parent fail 
 to perform such duty, he shall be liable to such orders and 
 penalties as are provided by this Act. 
 
 Prior to the passing of the present Act there was no express statutory 
 declaration as to the duty of a parent to cause his child to receive 
 efficient elementary instruction. The word "child" is defined by 
 sec. 48 as meaning a child between the ages of five and fourteen 
 years. 
 
 Terms in this Act are, so far as is consistent with the tenor thereof, 
 to have the same meaning as in the Elementary Education Acts, 1870 
 and 1873. The term "parent," therefore, "includes guardian and 
 every person who is liable to maintain or has the actual custody of any 
 child" (see 33 & 34 Viet., c. 75, sec. 3, ante). This definition includes 
 the father and grandfather, and the mother and grandmother of a 
 child, as by the 43 Eliz., c. 2, sec. 7, they are liable to maintain the 
 child. See also Hance v. Burnett, in note to sec. 1 1 of this Act, and 
 Hance v. Fairhurst, and School Board for London v. Jackson, in note 
 to sec. 12. 
 
 For provisions as to orders and penalties, see sees, u, 12, and 
 37-
 
 39 & 40 VICT., c. 79, SEC. 5. 311 
 
 Regulation as to Employment of Child under 10, and 
 Certificate of Education or previous School Attendance 
 being Condition of Employment of Child over 10. 
 
 5. A person shall not, after the commencement of this 
 Act, take into his employment (except as hereinafter in 
 this Act mentioned) any child 
 
 (i.) Who is under the age of \teti\ years ; or 
 (2.) Who, being of the age of \ten\ years or upwards, 
 has not obtained such certificate either of his 
 proficiency in reading, writing, and elementary 
 arithmetic, or of previous due attendance at a 
 certified efficient school, as is in this Act in that 
 behalf mentioned, unless such child, being of the 
 age of \teri\ years or upwards, is employed, and is 
 attending school in accordance with the provisions 
 of the Factory Acts, or of any bye-law of the 
 local authority (hereinafter mentioned) made under 
 section seventy-four of the Elementary Education 
 Act, 1870, as amended by the Elementary Edu- 
 cation Act, 1873, and this Act, and sanctioned 
 by the Education Department. 
 
 The date of the commencement of this Act was the 1st of January, 
 1877. 
 
 This section prohibits a person taking into his employment any child 
 who is under the age of ten years, but this limit of age is extended by 
 sec. i of the 56 & 57 Viet., c. 51, and sec. I of the 62 & 63 Viet., c. 13, 
 to twelve years, subject to the exceptions specified in the last-mentioned 
 Act. 
 
 By sec. 4 of the 43 & 44 Viet., c. 23, post, as amended by sec. 6 (i) 
 of the 63 & 64 Viet., c. 53, it is provided that any person who takes 
 into his employment a child under the age of fourteen years, resident 
 in a school district, before that child has obtained a certificate of 
 having reached the standard of education fixed by a bye-law in 
 force in the district for the total or partial exemption of children of 
 the like age from the obligation to attend school, shall be deemed to 
 take such child into his employment in contravention of the Elementary 
 Education Act, 1876, and shall be liable to a penalty accordingly. 
 
 Sec. 2 of the 56 & 57 Viet., c. 5 r, further provides as follows : " If 
 any person takes a child into his employment in such manner as to 
 prevent the child from attending school in accordance with the bye 
 laws for the time being in force in the district in which the child 
 resides, he shall be deemed to take the child into his employment in 
 contravention of the Elementary Education Act, 1876, and shall be 
 liable to a penalty accordingly." 
 
 In the case of a child who by the bye-laws in force is required to 
 attend school full time, or of a child who is required by the bye-laws 
 to attend school as a half-timer, the bye-laws must be strictly complied 
 with, and any person taking a child into his employment so as to
 
 312 ELEMENTARY EDUCATION ACT, 1876. 
 
 prevent his attending school in accordance with the bye-laws is to be 
 deemed to take the child into his employment in contravention of this 
 Act and is liable to the penalty referred to in sec. 6. 
 
 The Board of Education in their Report 1901-2 state: "In manu- 
 facturing districts a threatened collision between the labour provisions 
 of the Factory Act and those contained in the bye-laws has been 
 averted by the adoption of an attendance qualification for exemption 
 in the case of children over thirteen." 
 
 When the bye-laws only apply to children under the age of thirteen 
 years or a less age, the provisions of this Act as regards school attend 
 ance (see sees. 4, n, and 12), and employment (see sees. 6, 7, 9, 29, 
 39, and 47), will apply to children who are above the maximum age 
 referred to in the bye-laws and are under the age of fourteen 
 years. 
 
 For the provisions as to bye-laws, see sec. 74 of the 33 & 34 Viet, 
 c. 75, ante. 
 
 Apart from any question of bye-laws it is provided by the 63 & 64 
 Vict.,c. 2 1, Mines (Prohibition of Child Labour Underground) Act, 1900, 
 that a boy under the age of thirteen years shall not be employed or be 
 allowed to be for the purpose of employment in any mine below ground. 
 See Appendix, p. 509. 
 
 With regard to exceptions from the prohibition of employment in 
 the case of children under the age of fourteen years and above the 
 maximum age specified in the bye-laws when that age is less than 
 fourteen years, see sec. 9. 
 
 A parent who employs his child in any labour exercised by way of 
 trade or for purposes of gain is to be deemed for the purposes of this 
 Act to take the child into his employment (see sec. 47). As to the 
 construction of that section, see the case of Mather v. Lawrence in the 
 note to that section. 
 
 As regards blind and deaf children, there are special provisions. 
 See 56 & 57 Viet., c. 42, post. And as to epileptic and defective 
 children, see 62 & 63 Viet., c. 32, post. 
 
 As to the enforcement of the provisions prohibiting employment of 
 children, see sec. 7. As to penalties, see sees. 6, 9, 37, 39, 47, and 50. 
 Sec. 29 contains a provision with reference to the entry on premises 
 for the purpose of ascertaining whether children are employed in 
 contravention of the Act. 
 
 As regards proof of age for the purpose of this section, sec. 25 
 affords facilities for obtaining certified copies of the entries in the 
 register of births for the purpose of this section. See also regulations 
 of the Board of Education as to certificates of age in Appendix, p. 548. 
 As to the standards of proficiency in reading, writing and elementary 
 arithmetic, and of previous due attendance at a certified efficient school 
 for certificates under this Act, see sec. 24, and Rules i and 2 in the 
 First Schedule'. The regulations which have been issued by the Board 
 of Education with reference to these certificates will be found in the 
 Appendix, pp. 549, 550. These regulations also provide for the local 
 authorities granting " Labour Certificates " in the cases of children 
 qualified for total or partial exemption from school attendance under 
 the bye-laws of the district, or for employment under this section. 
 The term "certified efficient school" is defined by sec. 48. 
 The Factory Acts are defined by sec. 48. The definition does not 
 include the Coal Mines Regulation Act, 1887 (50 & 51 Viet., c. 58). 
 For provisions of the Factory and Workshop Act, 1901, and the Coal 
 Mines Regulation Act, 1887, as to the attendance of children at
 
 39 & 40 VICT., c. 79, SEC. 7. 313 
 
 school, see pp. 500-511. There are also provisions in the Prevention 
 of Cruelty to Children Act, 1894, as to the employment of children 
 and young persons. See Appendix, p. 515. 
 
 Penalty for employing a Child in Contravention of Act. 
 
 6. Every person who takes a child into his employment 
 in contravention of this Act shall be liable, on summary 
 conviction, to a penalty not exceeding forty shillings. 
 
 For provisions as to the prohibition of the employment of children 
 and the authority by whom they are to be enforced, see sees. 5, 7, 9, 
 33, 39, 47, and 50, the 43 & 44 Viet., c. 23, sec. 4, the 56 & 57 Viet., c. 
 51, sec. 2, and the 63 & 64 Viet., c. 53, sec. 6 (i). 
 
 With regard to sec. 47 a parent is not to be deemed to take his 
 child into his employment for the purposes of gain by keeping at home 
 a girl who was not exempted from school attendance, with the view to 
 her doing housework in order to enable his wife to go out to work and 
 earn wages. Mather v. Lawrence ([1899] i Q.B. 1000 ; 68 L.J. Q. B. 
 714 ; 47 W. R. 559 ; 80 L. T. 600 ; 63 J. P. 455). 
 
 As to legal proceedings for penalties, see sees. 37, 39, and 50, and 
 for definition of the term " child," sec. 48. . 
 
 Enforcement of Act by School Board or School Attendance 
 Committee of existing Local Authority or by Inspectors 
 of Factories or Mines. 
 
 7. The provisions of this Act respecting the employment 
 of children shall be enforced 
 
 (i.) In a school district within the jurisdiction of a 
 school board, by that board ; . . . (i) 
 
 Every such school board ... (in this Act referred to 
 as the local authority) shall, as soon as may be, publish 
 the provisions of this Act within their jurisdiction in such 
 manner as they think best calculated for making those 
 provisions known. 
 
 Provided that it shall be the duty of the inspectors and 
 sub-inspectors acting under the Acts regulating factories, 
 workshops, and mines respectively, and not of the local 
 authority, to enforce the observance by the employers of 
 children in such factories, workshops and mines of the pro- 
 visions of this Act respecting the employment of children ; 
 but it shall be the duty of the local authority to assist the 
 said inspectors and sub-inspectors in the performance of 
 their duty by information and otherwise. (2) 
 
 It shall be the duty of such local authority to report to 
 
 Y
 
 314 ELEMENTARY EDUCATION ACT, 1876. 
 
 the Education Department any infraction of the provisions 
 of section seven of the Elementary Education Act, 1870, 
 in any public elementary school within their district which 
 may come to their knowledge, and also to forward to the 
 Education Department any complaint which they may 
 receive of the infraction of those provisions. (3) 
 
 (1) The provisions in this section as to the appointment of school 
 attendance committees are repealed from the " appointed day," and 
 school boards cease to act from that day (2 Edw. 7, c. 42, sees. 5, 
 25). The duty of enforcing the provisions of the Act respecting the 
 employment of children devolves on the Local Education Authorities, 
 except in the cases of children employed in factories, workshops, and 
 mines. As to the latter cases, see proviso. 
 
 (2) The action of the inspectors and sub-inspectors under this section 
 will only be to enforce the observance of the provisions of the Act 
 as to the employment of children, in the case of children employed in 
 factories, workshops, and mines. For certain provisions of these Acts, 
 see Appendix, pp. 500-511. The enforcement of the bye-laws under 
 sec. 23 devolves on the Local Education Authority. As to the pro- 
 visions as to the prohibition of the employment of children, see note 
 to sec. 6. 
 
 (3) For definition of the term " public elementary school," see sec. 
 7 of the Elementary Education Act, 1870 (33 & 34 Viet, c. 75) ante. 
 
 Two different classes of cases appear to be provided for by the sub- 
 section. The first are those in which the Local Education Authority 
 by inquiry or otherwise have satisfied themselves that the regulations 
 above referred to have been infringed. These cases it will be their 
 duty to report to the Board of Education. The second are those 
 where the Local Education Authority receive complaints of infraction 
 of the regulations ; and in these cases they must forward the com- 
 plaints to the Board of Education, who will, no doubt, institute such 
 inquiries with regard to them as may be necessary. This provision 
 was proposed with the view of affording additional security that the 
 " conscience clause " shall be strictly carried out. 
 
 Exception to Prohibition of Employment of Children. 
 
 9. A person shall not be deemed to have taken any 
 child into his employment contrary to the provisions of 
 this Act, if it is proved to the satisfaction of the Court 
 having cognizance of the case either (i) 
 
 (i.) That during the employment there is not within 
 two miles, measured according to the nearest 
 road, from the residence of such child any 
 public elementary school open which the child 
 can attend (2) ; or
 
 39 & 40 VICT., c. 79, SEC. 9. 315 
 
 (2.) That such employment, by reason of being during 
 the school holidays, or during the hours during 
 which the school is not open, or otherwise, does 
 not interfere with the efficient elementary instruc- 
 tion of such child, and that the child obtains such 
 instruction by regular attendance for full time at 
 a certified efficient school or in some other equally 
 efficient manner (2) ; or 
 
 (3.) That the employment is exempted by the notice of 
 the local authority hereinafter next mentioned ; 
 (that is to say,) 
 
 The local authority may, if it thinks fit, issue 
 a notice exempting from the prohibitions and 
 restrictions of this Act the employment of 
 children above the age of eight years, for the 
 necessary operations of husbandry and the in- 
 gathering of crops, for the period to be named 
 in such notice : Provided that the period or 
 periods so named by any such local authority 
 shall not exceed in the whole six weeks between 
 the first day of January and the thirty-first day 
 of December in any year. (3) 
 
 The local authority shall cause a copy of every 
 notice so issued to be sent to the Education 
 Department, and to the overseers of every parish 
 within its jurisdiction, and the overseers shall 
 cause such notice to be affixed to the door of all 
 churches and chapels in the parish, and the local 
 authority may further advertise any such notice 
 in such manner (if any) as it may think fit. 
 
 (i) In connection with this section it is to be borne in mind that a 
 later Act, the Elementary Education Act, 1880 (43 & 44 Viet., c. 23, sec. 
 4, post), as amended by sec. 6 of the Elementary Education Act, 1900 
 (63 & 64 Viet., c. 53, post), provides that any person who takes into his 
 employment a child under the age of fourteen years before that child 
 has obtained a certificate of having reached the standard of education 
 fixed by a bye-law for the total or partial exemption of children of the 
 like age from the obligation to attend school shall be deemed to take 
 such child into his employment in contravention of the Elementary 
 Education Act, 1876, and shall be liable to a penalty accordingly. 
 That section does not provide for any such exceptions as are referred 
 to in sub-sec. 3, and a child under the age of fourteen years who is 
 within the maximum age to which the bye-laws apply and is not 
 under the bye-laws wholly exempt from school attendance, cannot be 
 legally employed whilst by the bye-laws he is required to attend 
 school. 
 
 If the bye-laws only apply to children of a maximum age of less 
 than fourteen years, the exemption provided for by this section would
 
 316 ELEMENTARY EDUCATION ACT, 1876. 
 
 apply to the children between that maximum age and the age of 
 fourteen years. If for instance the maximum age prescribed by the 
 bye-laws is thirteen years, the exemptions referred to in this section 
 would only apply to children between the ages of thirteen and fourteen 
 years. 
 
 For provisions of this Act prohibiting employment of children, see 
 sec. 5. 
 
 (2) For definition of "public elementary school," see sec. 7 of the 
 33 & 34 Viet., c. 75, ante. 
 
 A "certified efficient school" is defined by sees. 16 and 48, post. 
 
 (3) The period during which the prohibition as to. the employment 
 for the purposes named of children to which the provisions of the 
 section apply shall be suspended, will be in the discretion of the Local 
 Education Authority as the local authority, subject to the limitation that 
 such period shall not in the aggregate exceed six weeks between the 
 ist January and the 3ist December in any year. The period of 
 suspension will not necessarily be inclusive of the time during which 
 the school is closed for the holidays, as the local authority can, if 
 they think fit, abstain from naming any period usually covered by 
 the holidays. As to employment during school holidays, see sub- 
 
 See also sec. I of 62 & 63 Viet., c. 1 3, post, with regard to school 
 attendance in the case of children to be employed in agriculture. 
 
 Payment of School Fees for Poor Parents. 
 
 10. The parent, not being a pauper, of any child who is 
 unable by reason of poverty to pay the ordinary fee for 
 such child at a public elementary school, or any part of 
 such fee, may apply to the guardians having jurisdiction 
 in the parish in which he resides ; and it shall be the duty 
 of such guardians, if satisfied of such inability, to pay the 
 said fee, not exceeding threepence a week, or such part 
 thereof as he is, in the opinion of the guardians, so unable 
 to pay. 
 
 The parent shall not by reason of any payment made 
 under this section, be deprived of any franchise, right, or 
 privilege, or be subject to any disability or disqualification. 
 
 Payment under this section shall not be made on con- 
 dition of the child attending any public elementary school 
 other than such as may be selected by the parent, nor 
 refused because the child attends, or does not attend, any 
 particular public elementary school. . . . 
 
 The Elementary Education Act, 1870 (33 & 34 Viet., c. 75, ante), 
 by sec. 17, empowers a Local Education Authority, in the case of a 
 child attending a school provided by them, from time to time, for a 
 renewable period not exceeding six months, to remit the whole or any
 
 39 & 4 VICT., c. 79, SEC. 10. 317 
 
 part of the school fee, when they are of opinion that the parent of the 
 child is unable from poverty to pay the same. The powers of a Local 
 Education Authority, however, are not limited to remitting fees in the 
 cases of children whose parents are unable from poverty to pay the 
 fees, as the Local Education Authority may under sec. 8 of the 54 & 
 55 Viet. c. $6, post, admit scholars to schools provided by them, and 
 in which fees may be charged, without payment of any fee, although 
 there is no poverty on the part of the parent. 
 
 The passing of the 54 & 55 Viet., c. 56, with regard to the fee grant, 
 raised the question as to the powers and duties of guardians under 
 this section, the section not being repealed. The Local Government 
 Board, in a circular letter which they addressed to Boards of Guardians, 
 referring to this point, stated that although where a child attends a 
 free school, or is not required to pay a fee at any fee-charging school 
 which he attends, the duty of the guardians under the section will 
 cease with respect to him, their duty will remain the same as before 
 the passing of that Act with respect to any child who can only attend 
 the school on payment of a fee. 
 
 If therefore the guardians, when applied to by a parent, not being a 
 pauper, who is unable by reason of poverty to pay such fee as it is 
 necessary should be paid to enable his child to attend the public 
 elementary school which the parent selects, or any part of such fee, 
 are satisfied of the inability of the parent to pay such fee, not exceed- 
 ing threepence per week, it is the duty of the guardians to pay the fee 
 or such portion of it as the parent in their opinion is unable to pay. 
 
 The guardians cannot bind themselves by any general rule such as 
 that fees will not be paid in the case of an able-bodied man with less 
 than a certain number of children. The guardians are to pay the 
 school fee if satisfied of the parent's inability, and they should there- 
 fore inquire into the circumstances of each case. 
 
 The powers and duties under this section devolve on the guardians. 
 The section says the parent may apply to the guardians having juris- 
 diction in the parish in which he resides. The only guardians having 
 jurisdiction in a parish are the guardians of the union in which the 
 parish is comprised, and consequently an application under the section 
 must be made to the board of guardians of the union, and not to the 
 individual guardians of the parish. 
 
 In several unions committees are appointed by the guardians under 
 the authority of orders issued by the Poor Law Commissioners, the 
 Poor Law Board, and the Local Government Board, for the purpose 
 of hearing and determining applications for relief, and the Local 
 Government Board, by an order dated the 5th September, 1877, have 
 empowered the guardians of these unions, if they think fit to do so, to 
 authorize the relief committees appointed by them, to deal with all 
 applications under this section for payment of school fees on account 
 of parents not being paupers. When so authorized by the guardians, 
 the relief committees may hear and determine all such applications 
 and give all directions respecting the continuance of the payment of 
 the fees in the same manner as the guardians acting as a board would 
 be authorized to do. This is however subject to the proviso that 
 nothing in the order shall at any time prevent the guardians acting as 
 a board from altering or rescinding any order of the relief committee 
 in regard to school fees not previously paid, or from considering and 
 deciding on any application from any parent for payment of school 
 fees, or determining on the continuance or cessation of any weekly or 
 other fee which shall have not been actually paid.
 
 3l8 ELEMENTARY EDUCATION ACT, 1 876. 
 
 By a further order, dated the 5th September, 1877, issued to certain 
 unions in which districts for relief purposes have been formed under 
 sec. 7 of the 5 & 6 Viet., c. 59, the Local Government Board have 
 empowered the guardians in these cases to authorize the district relief 
 committees appointed by them to receive the applications for payment 
 of school fees on account of non-pauper parents residing in the district 
 for which the committee act, to examine into the same, and to report 
 to the guardians thereon. The district relief committees are only 
 enabled to examine into the cases and make recommendations to the 
 guardians, and not, like the ordinary relief committees, to determine 
 as to the applications. 
 
 The parent when the fees are paid by the guardians must be wholly 
 uncontrolled by them in the selection of the school which the child 
 shall attend, subject to the condition that the school must be a public 
 elementary school. For definition of " public elementary school," see 
 sec. 7 of the 33 & 34 Viet, c. 75, ante. 
 
 The maximum sum which the guardians are empowered to pay 
 under this section is threepence a week. When the ordinary fee at 
 the fee-charging school which the child attends is less than threepence 
 per week, such fee only should be paid. 
 
 The section does not appear to empower the authority to defray the 
 cost of books and stationery in addition to paying the school fee, but 
 if the school fee in a fee-charging school which the child attends is so 
 fixed as to cover the cost of books and stationery, it may be paid by 
 the guardians, provided that the sum paid does not exceed threepence 
 per week. 
 
 In the cases provided for by this section the guardians are to " pay 
 the said fee." They are not required by the terms of the section to 
 pay the fee to the parent, and consequently the enactment would be 
 satisfied if the guardians arranged to pay the fee direct to the 
 managers of the school which the child attends. This is the 
 course which appears to be contemplated by the order of the Local 
 Government Board. 
 
 It will be observed that the section only refers to non-paupers, 
 but applications by non-pauper parents for the payment of the school 
 fees of their children should be investigated by the guardians with as 
 much care as applications by paupers for relief. The cases of pauper 
 children are provided for by sec. 40, and 43 & 44 Viet., c. 23, sec. 5, 
 post. 
 
 As to the mode of charging money given for the payment of school 
 fees in non-pauper cases, see sec. 35. The fees in these cases are not 
 to be charged to the common fund of the union, but to the particular 
 parish in which the parent is resident. It is considered, however, that 
 the amount required to be raised for the payment of these fees may be 
 included in the usual contribution orders made by the guardians on 
 the overseers, and that it will be unnecessary to issue separate con- 
 tribution orders in respect of them. Whilst the school fees are to be 
 charged to particular parishes, there is no express provision as to the 
 charging of expenses incurred by guardians in connection with the 
 inquiries as to applications for payment of the fees, such as the salary 
 of the inquiry officer, and it would appear, therefore, that these 
 expenses must be charged to the common fund of the union. As to 
 the penalty for fraudulently obtaining payment of school fees, see 
 sec. 37. 
 
 The Local Government Board have also issued regulations bearing 
 date the 22nd March, 1877, with reference to the proceedings of
 
 39 & 4 VICT., c. 79, SEC. n. 319 
 
 boards of guardians under this section. The regulations provide for 
 the appointment of " Inquiry Officers," define the duties of those 
 officers, and prescribe the accounts which are to be kept. There is 
 no obligation on the relieving officers to perform the duties of inquiry 
 officers unless they have been appointed by the guardians under the 
 regulations referred to, and have accepted the appointment. See 
 Appendix, p. 583. 
 
 By an order of the Local Government Board, dated the 5th September, 
 1877, ar >d issued to the unions and parishes in which pay clerks have 
 been appointed to distribute poor relief, it is provided that the guardians 
 may, if they think fit, with the approval of the Local Government 
 Board, require the person for the time being holding the office of 
 pay clerk, to pay the school fees ordered by them, either as regards 
 the whole of the union or the part of the union for which he may be 
 appointed to act as pay clerk. The order also contains provisions as 
 to the remuneration of the officer, the accounts to be kept by him, and 
 other matters. 
 
 The Local Government Board also issued an order bearing date the 
 9th January, 1878, providing that "in every case in which the guardians 
 decide to pay the school fee, or any part thereof, under the provisions 
 of sec. 10" of this Act, "and declare the money so paid to be given 
 by way of loan to the parent of the child, such money shall be con- 
 sidered as given by way of loan to the parent accordingly," and that 
 "in every case where the money paid in respect of such fee is so given 
 by way of loan, the same shall be recoverable in accordance with the 
 provisions of the Poor Law Acts applicable to the recovery of other 
 relief given on loan." 
 
 A parent is not, by reason of the payment of school fees for his child 
 under this section, to be deprived of any right or privilege or be 
 subject to any disability or disqualification. The payment of school 
 fees for a child will of course not render a non-pauper parent liable to 
 have an order made for his removal to the parish of his settlement. 
 Neither can the guardians of a union who pay the school fees of the 
 child of a person who has no settlement in their union, recover the 
 amount so paid from the union to which, as the place of his settlement, 
 the parent would be removable if he had become chargeable to the 
 rates as a pauper. 
 
 Provision as to Order of Court for A ttendance at School 
 of Child habitually neglected by Parent or habitually 
 wandering and consorting with Criminals or Disorderly 
 Persons, 
 
 ii. If either 
 
 (i.) The parent of any child above the age of five 
 years who is under this Act prohibited from 
 being taken into full-time employment, habitually 
 and without reasonable excuse neglects to provide 
 efficient elementary instruction for his child (i) ; 
 or 
 
 (2.) Any child is found habitually wandering or not 
 under proper control, or in the company of rogues,
 
 32O ELEMENTARY EDUCATION ACT, 1876. 
 
 vagabonds, disorderly persons, or reputed 
 criminals (i) ; 
 
 it shall be the duty of the local authority, after due 
 warning to the parent of such child, to complain to a 
 court of summary jurisdiction, and such court may, if 
 satisfied of the truth of such complaint, order that the 
 child do attend some certified efficient school willing to 
 receive him and named in the order, being either such as 
 the parent. may select, or, if he do not select any, then such 
 public elementary school as the court think expedient, 
 and the child shall attend that school every time that the 
 school is open, or in such other regular manner as is 
 specified in the order. (2) 
 
 An order under this section is in this Act referred to as 
 an attendance order. (3) 
 
 Any of the following reasons shall be a reasonable 
 excuse (4) : 
 
 (i.) That there is not within two miles, measured 
 according to the nearest road, from the 
 residence of such child, any public elementary 
 school open which the child can attend ; or 
 (2.) That the absence of the child from school has 
 been caused by sickness or any unavoidable 
 cause. 
 
 (i) In Saunders v. Crawford (L. R-9Q. B. D.6i2 ; 51 L.J. Q. B. D. 
 460 ; 46 L. T., N. S., 420), the question was raised whether this 
 section, so far as it relates to the class of children referred to in the 
 first clause, had not practically become inoperative by reason of the 
 repeal of sec. 8 in this Act by sec. 107 of the Factory and Workshop 
 Act, 1878 (41 Viet., c. 16). It appeared that a summons had been taken 
 out under this section charging the defendant with having habitually 
 and without reasonable excuse neglected to provide efficient elementary 
 instruction for his child, whom the summons described as being of the 
 age of 13 years or thereabouts, and as prohibited by this Act from 
 being taken into full-time employment. It was argued that there was 
 no child who could be said to be " under this Act prohibited from being 
 taken into full-time employment ;" that the only provision in the Act 
 which could be said to prohibit the full-time employment of children 
 was sec. 8, which incorporated certain sections of old Factory Acts ; 
 and that, as sec. 8 had been repealed by the Factory Act, 1878, this 
 section (sec. n) had become inoperative so far as regards the first 
 clause. The Court adopted this contention and decided accordingly. 
 The same question was, however, raised in two subsequent cases, 
 Winyard v. Toogood, and Hance v. Fortnum and others, Justices of 
 Liverpool (L. R. 10 Q. B. D. 218 ; 52 L. J. M. C. 25 ; 48 L. T., N. S., 
 229; 31 W. R. 271). These cases, in consequence of the decision in 
 Saunders v. Crawford, were heard before five judges (Coleridge, C.J., 
 and Field, Hawkins, Stephen, and Watkin Williams, JJ.). The Court 
 (overruling Saunders v. Crawford) held that the clause applies to
 
 39 & 40 VICT., c. 79, SEC. 11. 321 
 
 children who by sec. 5 are prohibited from being employed at all, or 
 who under that section can only be partially employed, the children in 
 either case being " prohibited from being taken into full-time employ- 
 ment," that it was not intended that it should be restricted to children 
 referred to in sec. 8 now repealed, and consequently that the clause is 
 still in force. 
 
 The case of the London School Board v. Bridge (L. R. 2 Q. B. D. 
 397 ; 46 L. J. M. C. 193 ; 36 L. T., N. S., 698) raised the question 
 whether in a district in which there were bye-laws in force it was 
 competent to the school board to institute proceedings against the 
 parent under the bye-laws in a case which came within the terms of 
 this section, or whether they were limited to proceedings under this Act. 
 It appeared that M. had neglected to send his child to school accord- 
 ing to the bye-laws of the school board, and the board caused an 
 application to be made for a summons against him with a view to 
 enforcing the penalty for breach of the bye-laws. The magistrate, upon 
 the facts stated on the application for the summons, came to the con- 
 clusion that the parent had " habitually neglected to provide efficient 
 elementary instruction forhis child,"and held that the school board were 
 be und to proceed under this section, and accordingly declined to issue 
 a summons for non-compliance with the bye-laws. On an application 
 for a mandamus requiring the magistrate to issue the summons, the 
 Court held that the magistrate was right. The same question was 
 subsequently raised in Morgan v. Haycock (44 J. P. 199), and in that 
 case also it was held that where there was habitual neglect within the 
 meaning of this section, the proceedings should be under the statute, 
 and not under the bye-laws. The difficulty occasioned by these 
 decisions is met by the provision in sec. 4 of the 43 & 44 Viet., c. 
 23, post, that "proceedings may in the discretion of the local authority, 
 or person instituting the same, be taken for punishing the contraven- 
 tion of a bye-law, notwithstanding that the act, or neglect, or default 
 alleged as such contravention constitutes habitual neglect to provide 
 efficient elementary education for a child within the meaning of sec. 1 1 
 of the Elementary Education Act, 1876." In the cases of children 
 under the age of fourteen years to whom bye-laws apply, it may be 
 assumed that proceedings will now rarely be taken under this section 
 except when the circumstances are such that it is desirable to obtain 
 an attendance order with the view to the child being sent to an 
 industrial school, under sec. 12 of the Act, in the event of the attend- 
 ance order not being complied with. As regards children between 
 the maximum age to which the bye-laws apply and fourteen years of 
 age the only proceedings that can be taken for enforcing school attend- 
 ance between that maximum age and fourteen years will be those 
 provided for by sees. 11 and 12 of this Act. 
 
 The term "parent," as stated in the note to sec. 4, ante, includes 
 " guardian and every person who is liable to maintain or has the 
 actual custody of any child." With regard to the term " parent " as 
 thus defined, see Hance v. Burnett (45 J. P. 54). In that case a 
 complaint was laid against a married woman for breach of the bye- 
 laws in the case of her child. At the date of the alleged offence the 
 child was living with her and was under her control, but the father was 
 at sea in pursuit of his lawful calling. The justices on the hearing of 
 the case doubted whether a married woman could be regarded 
 otherwise than as the agent of her husband, and dismissed the 
 complaint. On a case stated by the justices, it was held that in the 
 absence of the husband, whether by desertion or in the pursuit of his
 
 322 ELEMENTARY EDUCATION ACT, 1 8/6. 
 
 calling, it might be for years or months, the person having the care 
 and custody of the child was liable for neglect of the bye-laws. See 
 also School Board for London v. Jackson, and Hance v. Fairhurst 
 referred to in note to sec. 12. 
 
 The first clause of the section refers to " any child above the age 
 of five years," and the second clause to " any child." In both cases 
 the provision in sec. 48, that " a child in this Act means a child 
 between the age of five and- fourteen years," applies. As to the 
 prohibitions with respect to the employment of children, see sees. 5 
 and 9 ; 43 & 44 Viet., c. 23, sec. 4 ; 56 and 57 Viet., c. 51, sec. 2 ; 62 & 
 63 Viet., c. 13, and 63 & 64 Viet., c. 53, sec. 6, post. 
 
 As to the special provisions with regard to blind and deaf children, 
 see 56 & 57 Viet., c. 42, and as to defective and epileptic children, 62 
 and 63 Viet., c. 32, post. 
 
 (2) The Local Education Authority are the Local Authority. 
 See sec. 7. 
 
 With regard to the duty of the local authority when they are 
 informed by any person of any child in their jurisdiction who is 
 stated by that person to be liable to be ordered by a court under 
 this Act to attend school, see sec. impost. 
 
 If the parent selects the school which the child is to be ordered to 
 attend, it will be sufficient if it is a " certified efficient school," but if 
 the parent makes no selection, it must be a "public elementary 
 school." As to the definition of a " certified efficient school," see sees. 
 1 6 and 48 ; and as to that of a "public elementary school," see sec. 
 7 of 33 & 34 Viet., c. 75, ante. 
 
 If the parent does not make any selection of a school, and there is 
 no public elementary school which the child can attend within two 
 miles, measured according to the nearest road, from the residence of 
 the child, the justices will not be in a position to make an attendance 
 order. 
 
 In Thompson v. Rose (61 L. J. M. C. 26 ; 65 L. T. 851 ; 40 W. R. 
 155), a school attendance officer laid an information against the father 
 of a child for habitually and without reasonable excuse neglecting to 
 provide efficient elementary education for his child, and applied for 
 an attendance order. It appeared that there were public elementary 
 schools in the district within two miles from the child's residence, and 
 from one of which the child had been expelled for irregular attend- 
 ance. The father pleaded guilty. He was asked whether he would 
 name a school, but said that he would leave it to the bench. The 
 school attendance officer was not prepared to name a school which 
 was willing to receive the child, and the justices then declined to 
 make an order, being of opinion that the whole section should be read 
 as applying only to schools willing to receive a child, and that it was 
 the duty of the complainant to name a school willing to receive the 
 child, and this he had failed to do. On a case stated for the opinion 
 of the High Court, it was held by Mr. Justice Mathew and Mr. Justice 
 Smith that the decision of the justices was right. The phrase 
 " willing to receive the child " applied to the whole of the section, and 
 it was incumbent on those who applied for the order to name some 
 school willing to receive the child. 
 
 For the purposes of this section a school certified by the Board of 
 Education under the 56 & 57 Viet., c. 42, post, for blind or deaf 
 children, may in the case of a blind or deaf child be treated as a 
 public elementary school, see sec. 7 (2) of that Act. The provision
 
 39 & 40 VICT., c. 79, SEC. 12. 323 
 
 in the Act referred to also applies to a school certified by the Board 
 of Education for defective and epileptic children. See sec. 5 of 62 & 
 63 Viet., c. 32, post. 
 
 (3) For proceedings in the case of non-compliance with an 
 "attendance order," see sec. 12. 
 
 A certified day industrial school is a " certified efficient school " 
 (sec. 1 6). With regard to receiving children into a certified day 
 industrial school under attendance orders, and the payments to be 
 made by the parents and the parliamentary contributions in such 
 cases, see sec. 16 (4). The Order in Council of the 2oth March, 1877, 
 by arts. 13 and 19 (see Appendix, pp. 607, 612), prescribes regulations 
 which must be strictly observed when proceedings are taken for 
 obtaining an attendance order requiring a child to attend a certified 
 day industrial school. 
 
 (4) The reasons which are to be deemed reasonable excuses are 
 similar to those provided for by sec. 74 of the Elementary Education 
 Act, 1870 (33 & 34 Viet., c. 75, ante], when bye-laws are made. One 
 exception, however, is that, under the present section, it will be a 
 reasonable excuse if there is no public elementary school open which 
 the child can attend within tivo miles, measured according to the 
 nearest road, from the residence of the child. Under the Act of 1870 
 the bye-laws may prescribe the distance, subject to the condition that 
 it shall not exceed three miles. As to " reasonable excuses,' see note 
 (7) to sec. 74 of the 33 & 34 Viet., c. 75, ante. See also Heivett v. 
 Thompson, referred to in note to sec. 12, post. 
 
 Proceedings on Disobedience to Order of Court for 
 Attendance at School. 
 
 12. Where an attendance order is not complied with 
 without any reasonable excuse within the meaning of 
 this Act, a court of summary jurisdiction, on complaint 
 made by the local authority, may, if it think fit, order as 
 follows : 
 
 (i.) In the first case of non-compliance, if the parent of 
 the child does not appear, or appears and fails to 
 satisfy the Court that he has used all reasonable 
 efforts to enforce compliance with the order, the 
 Court may impose a penalty not exceeding, with 
 the costs, [five shillings} ; but if the parent satisfies 
 the Court that he has used all reasonable efforts 
 as -aforesaid, the Court may, without inflicting a 
 penalty, order the child to be sent to a certified 
 day industrial school, or if it appears to the Court 
 that there is no such school suitable for the child, 
 then to a certified industrial school ; and
 
 324 ELEMENTARY EDUCATION ACT, 1876. 
 
 (2.) In the second or any subsequent case of non- 
 compliance with the order, the Court may order 
 the child to be sent to a certified day industrial 
 school, or if it appears to the Court that there is 
 no such school suitable for the child, then to a 
 certified industrial school, and may further, in its 
 discretion, inflict any such penalty as aforesaid, 
 or it may for each non-compliance inflict any 
 such penalty as aforesaid without ordering the 
 child to be sent to an industrial school ; 
 Provided that a complaint under this section with respect 
 to a continuing non-compliance with any attendance order 
 shall not be repeated by the local authority at any less 
 interval than two weeks. 
 
 A child shall be sent to a certified industrial school, or 
 certified day industrial school, in pursuance of this section 
 in like manner as if sent in pursuance of the Industrial 
 Schools Act, 1866, and when so sent shall be deemed to 
 have been sent in pursuance of that Act and the Acts 
 amending the same ; and the parent, if liable under the 
 said Acts to contribute to the maintenance and training of 
 his child when sent to an industrial school, shall be liable 
 so to contribute when his child is sent in pursuance of this 
 section. 
 
 An "attendance order" is an order made by a court of summary 
 jurisdiction under sec. n. As to the reasons for non-compliance with 
 the order which are to be deemed a " reasonable excuse," see note 4 to 
 that section. 
 
 See also sec. impost, as to the duty of the Local Education Authority, 
 as the Local Authority under sec. 7, when they are informed by any 
 person of any child in their jurisdiction who is stated by that person 
 to be liable to be ordered by a Court to be sent to an industrial 
 school. 
 
 In Hance v. Fairhurst (51 L. J. M. C. 219), the question was raised 
 whether the term "parent" in this section includes the person for the 
 time being having the custody of the child, so that such person may be 
 convicted for non-compliance with an attendance order, when the 
 order has in fact been made on another person. In the case referred 
 to it appeared that an attendance order was made in December, 1880, 
 on F., ordering him to send his child to a certain school. On the 4th 
 of March 1881, complaint was made against him for non-compliance 
 with the order. His wife appeared on his behalf at the hearing, and a 
 fine of one shilling was imposed. On the 2oth of June, 1881, F. died, 
 leaving the respondent his widow. The attendance order was still in 
 force. It had been made against the deceased husband, and a copy 
 of it had been served upon him. No copy or minute had ever been 
 served on the respondent, although from her appearance before the 
 Court on the occasion when her husband was fined, she must have
 
 39 & 40 VICT., c. 79, SEC. 12. 325 
 
 been aware of the order. Under these circumstances complaint was 
 made against her for non-compliance with the attendance order. It 
 was argued that the order was .an order for the attendance of the 
 child at school, and not merely an order on a particular parent, and 
 that it affected the child in the custody of any person, especially if, as 
 here, such person was well aware of the order. It was contended that 
 if such were not the case serious difficulties would be thrown in the 
 way of enforcing the attendance of children whose fathers were at 
 sea. An attendance order could not be made, or, if made, could not 
 be enforced against the husband in his absence. If made on the 
 mother during the husband's absence, it could not be enforced on 
 the husband's return, for the child would be in the custody of the 
 husband. The justices held that the liability under the attendance 
 order attached to the person upon whom the order was made, and 
 the copy or minute served. The defendant had not been warned 
 before the proceedings were taken under sec. 1 1 : she had had no 
 opportunity of selecting a school : she had not been summoned to 
 show cause why the order should not be made : and finally she had 
 not been ordered to cause the child to attend school. They therefore 
 dismissed the complaint. The Court (Mr. Justice Field and Mr. 
 Justice Bowen) held that the justices were right. 
 
 A further question as to the liability of a parent was raised in 
 School Board for London v. Jackson (L. R. 7 Q. B. D. 502; 50 
 L. J. M. C. 134 ; 30 W. R. 47). In that case an order had been made 
 requiring Caroline Jackson to cause her child to attend a board 
 school situated in the parish of St. Mary, Islington. The order was 
 not complied with, and the mother was consequently summoned. 
 She appeared before the police magistrate and stated that as she was 
 quite unable to maintain her daughter, who was between thirteen and 
 fourteen years of age, she had sent her to an aunt at Fulham. The 
 magistrate dismissed the summons on the ground that it had not 
 been proved that the child was residing with and under the control 
 of her mother, the defendant. He thought that the section defining 
 the term "parent" did not contemplate that both the parent and the 
 person having the actual custody of the child should be simultaneously 
 liable to be convicted. The primary liability was, in his view, with the 
 person who had the actual custody of the child. The Court held 
 that the decision of the magistrate was wrong. The child, it was 
 said, was sent away to stay with an aunt, but that did not relieve 
 the mother from the obligation imposed on her by the statute. The 
 case was not one where there was a permanent residence apart from 
 the parent. 
 
 In Hewett v. Thompson (58 L. J. M. C. 60; 60 L. T. 268), it 
 appeared that an attendance order had been made in February, 1888, 
 in respect of the child of the defendant, and had been duly served 
 on the defendant, that on August 28, 1888, the child did not attend 
 school, that betwee'n June 30 and September i the child had been 
 absent eleven times, and that the defendant had used every endeavour 
 short of actually taking the child to school to ensure his regular 
 attendance ; but the child had played truant against the defendant's 
 wish. The magistrate, under these circumstances, being of opinion 
 that the case of Helper School Attendance Committee v. Bailey (see 
 note to sec. 74 of 33 & 34 Viet., c. 75) was in point, held that the fact 
 that the father had used every endeavour short of actually taking the 
 child to the school to ensure his attendance at school, was a reason- 
 able excuse for non-compliance with the attendance order, and that
 
 326 ELEMENTARY EDUCATION ACT, 1876. 
 
 he had no power to make an order to send the child to a day 
 industrial school. The High Court held that the father had not a 
 " reasonable excuse " within the meaning of the Act. If the question 
 were one as to imposing a penalty on the father, the fact of the father 
 having used every reasonable endeavour to comply with the order 
 would be a sufficient answer, but here the proceedings were not 
 hostile to the father. 
 
 In Richardson (App.) v. Saunders (Resp.) (L. R. 6 Q. B. D. 313 ; 
 50 L. J. M. C. 65 ; 44 L. T., N. s., 474), it was held by Mr. Justice 
 Lindley and Mr. Justice Lopes that if a parent sent his child to a 
 school, in which the rule of the school was that fees should be paid 
 and should be paid in advance, without the necessary fees, although 
 he was aware that without the school fees admission to the school 
 would be refused, the attendance order had been complied with. 
 This decision was, however, substantially reversed by the decision of 
 a Divisional Court, consisting of five members, in the further case of 
 Saunders v. Richardson (L. R. 7 Q. B. D. 388 ; 50 L. J. M. C. 137 ; 
 45 L. T., N. S., 319 ; 29 W. R. 800). It was there laid down that the 
 law is not satisfied by the child presenting himself at the door of 
 the school without the school fees when school fees are payable, the 
 parent knowing that in consequence of the non-payment of the fees 
 the child will not receive instruction, and will not be admitted into the 
 school. The parent cannot evade the attendance order by merely 
 sending his child to the school without the school fee. If there is lack 
 of money to pay the fees, the parent should go to the school board for 
 remission, or to the guardians for payment of the fees. It was further 
 held, in London School Board v. Wood (L. R. 15 Q. B. D. 415 ; 54 
 L. J. M. C. 145 ; 54 L. T. 88), that if a child is sent to school without 
 the school fees when fees are payable, the parent does not cause his 
 child to attend school within the meaning of the bye-laws, although 
 the child may be admitted to the school and receive instruction 
 therein. 
 
 See also Jones v. Rowland referred to in note to sec. 74 of the 33 & 34 
 Viet., c. 75, where the Court held that a parent did not cause his child 
 to attend school when he was aware that admission would be refused 
 at the particular school to which the child was sent. 
 
 In the case of The London School Board v. Harvey (L. R. 4 Q. B. D. 
 451 ; 48 L. J. M. C. 130 ; 27 W. R. 783), it was held that an order of 
 a court of summary jurisdiction imposing a penalty on the parent of a 
 child for non-compliance with an order for the attendance of the child 
 at school, may be proved in subsequent proceedings by the minute 
 book of the court containing an entry of the order, and that it is 
 unnecessary to produce a copy of the order signed by the clerk of the 
 peace or other officer of the sessions. 
 
 As to the service of summonses by the police in proceedings under 
 this section, the recovery of penalties, the application for warrant of 
 distress on non-payment of penalty, and the costs of distress warrant, 
 see note (10) on sec. 74 of the 33 & 34 Viet., c. 75, ante. 
 
 The penalty referred to in sub-section i of this section is not to 
 exceed "with costs five shillings." By operation of sec. 6 (2) of 
 the 63 & 64 Viet., c. 53, /#.$/, "twenty shillings" is substituted for five 
 shillings. The twenty shillings inclusive of costs is a maximum 
 penalty and it is in the discretion of the Justices whether a less penalty 
 shall be imposed. 
 
 The Summary Jurisdiction Act, 1879 U 2 & 43 Viet., c. 49), by sec. 8
 
 39 & 4 VICT., C. 79, SEC. 12. 327 
 
 provides that "when a fine adjudged by a conviction by a court of 
 summary jurisdiction to be paid does not exceed five shillings, then, 
 except so far as the Court may think fit to expressly order otherwise, 
 an order shall not be made for payment by the defendant to the 
 informant of any costs ; and the Court shall, except so far as they 
 think fit to expressly order otherwise, direct all fees payable or paid 
 by the informant to be remitted or repaid to him ; the Court may 
 also order the fine or any part thereof to be paid to the informant in 
 or towards the payment of his costs." 
 
 When application is made for distress warrants for the recovery of 
 penalties for non-attendance of children at school, the justices are in 
 their discretion entitled to require affirmative evidence that the 
 defendants possess goods prima facie distrainable. In R. v. German 
 (61 L. J. M. C. 43 ; 56 L. T. 264), a rule nisi was granted calling upon 
 certain justices to show cause why a mandamus should not issue to 
 compel them to grant an application for distress warrants against the 
 goods of two persons who had been fined for the non-attendance of 
 their children at a board school. The justices had refused to issue the 
 warrants on the ground that, before doing so, affirmative evidence 
 should be given to satisfy them that the defendants had goods upon 
 which distraint could be made. The school board officer stated that 
 one of the defendants was a gardener and the other a labourer, both in 
 constant employment and in the occupation of cottages but would 
 not say positively that either of them possessed any goods at all, and no 
 other evidence was forthcoming. The Court held that the justices 
 were within their right in requiring affirmative evidence of the means 
 of the defendants, and discharged the rule. 
 
 A "certified industrial school" is "a school in which industrial 
 training is provided and children are lodged, clothed, and fed, as well as- 
 taught," certified by a Secretary of State under the Industrial Schools 
 Act, 1866 (29 & 30 Viet, c. 1 1 8), for the reception of children under 
 that Act. As to certified truant industrial schools, see note on sec. 14. 
 A "certified day industrial school" is a school certified by a Secretary 
 of State in like manner as under the Industrial Schools Act, "in which 
 industrial training, elementary education, and one or more meals a 
 day, but not lodging, are provided for the children" (see sec. 16). 
 
 Children sent to a certified industrial school, including a certified 
 truant industrial school or a certified day industrial school, in 
 pursuance of this section, are to be sent in like manner as if sent in 
 pursuance of the Industrial Schools Act, 1866. By sec. 18 of that 
 Act, it is provided that the order of justices or a magistrate sending a 
 child to the school shall be in writing, signed by the justices or magis- 
 trate, and shall specify the name of the school. In determining on 
 the school, the justices or magistrate shall endeavour to ascertain the 
 religious persuasion to which the child belongs, and shall, if possible, 
 select a school conducted in accordance with such religious persuasion, 
 and the order shall specify such religious persuasion. The order shall 
 specify the time for which the child is to be detained in the school, 
 being such time as to the justices or magistrate seems proper for the 
 teaching and training of the child, but not in any case extending 
 beyond the time when the child will attain the age of sixteen years. 
 
 Care should be taken that the orders made under this section show 
 under which of the sub-sections in sec. n the original proceedings in 
 respect of the child were taken.
 
 328 ELEMENTARY EDUCATION ACT, 1876. 
 
 The 29 & 30 Viet., c. 118, by sec- 23, provided that the expense of 
 conveying to a certified industrial school a child ordered to be sent 
 there should be defrayed by the police authorities, and should be 
 deemed part of the current expenses of the police authorities, but 
 under sec. 4 of the Elementary Education Act, 1900, 63 & 64 
 Viet., c. 53, post, where a child is committed to a certified industrial 
 school at the instance of a local authority within the meaning of 
 the Elementary Education Acts, the authority may pay the expenses 
 of and incidental to the conveyance of the child to and from the 
 school, and the sending of the child out on licence or bringing back 
 the child on the expiration or revocation of a licence. 
 
 If, in pursuance of this section, a child is ordered to be sent to a 
 certified day industrial school, the order is to be deemed an " order of 
 detention " within the meaning of the Order in Council of the 2oth 
 March, 1877 (see art. 14 of the order, p. 608). As to the provisions of 
 that order with regard to orders of detention, and the hours during 
 which a child may be detained at school, see arts. 18, 28, and 29. 
 
 As to the penalty for a child sent to a certified day industrial school 
 under an order of detention not attending school or not conforming 
 to the rules of the school, and penalty for preventing a child from 
 attending school in accordance with the order of detention, see arts. 
 28 and 29 of Order in Council above referred to. 
 
 The provisions of the Industrial Schools Act, 1866, with regard to 
 the contributions by parents, &c., towards the maintenance of children 
 n industrial schools, and the orders for the enforcement of such con- 
 tributions, are contained in sees. 39 and 40 of that Act, and are as 
 follows : 
 
 " The parent, step-parent, or other person for the time being legally 
 liable to maintain a child detained in a certified industrial school shall, 
 if of sufficient ability, contribute to his maintenance and training therein 
 a sum not exceeding five shillings per week. 
 
 " On the complaint of the inspector of industrial schools, or of any 
 agent of the inspector, or of any constable under the directions of the 
 inspector (with which directions every constable is hereby required to 
 comply), at any time during the detention of a child in a certified 
 industrial school, two justices having jurisdiction at the place where 
 the parent, step-parent, or other person liable as aforesaid resides, 
 may, on summons to the parent, step-parent, or other person liable as 
 aforesaid, examine into his ability to maintain the child, and may, if 
 they or he think fit, make an order or decree on him for the payment 
 to the inspector or his agent of such weekly sum, not exceeding five 
 shillings per week, as to them or him seems reasonable, during the 
 whole or any part of the time for which the child is liable to be detained 
 in the school. Every such order or decree may specify the time during 
 which the payment is to be made, or may direct the payment to be 
 made until further order. 
 
 " Every such payment, or a proper proportionate part thereof, shall 
 go in relief of the charges on Her Majesty's Treasury, and the same 
 shall be accounted for as the Commissioners of Her Majesty's Treasury 
 direct, and where the amount of the payment ordered in respect of any 
 child exceeds the amount contributed by the Commissioners of Her 
 Majesty's Treasury in respect of that child, the balance shall be 
 accounted for and paid to the managers of the school. 
 
 "The Secretary of State may, in his discretion, remit wholly or 
 partially any payment so ordered.
 
 39 & 40 VICT., c. 79, SEC. 13. 329 
 
 "Two justices having jurisdiction to make such an order or decree 
 may from time to time vary any such order or decree as circumstances 
 require, on the application either of the person on whom such order or 
 decree is made, or of the inspector of industrial schools, or his agent, 
 on fourteen days' notice being first given of such application to the 
 inspector or agent, or to such person respectively." 
 
 See also the further provisions as to the recovery of expenses of 
 maintenance from parents or persons legally liable in sees. 4, 6, and 
 7 of Youthful Offenders Act, 1901, Appendix, pp. 519-521. 
 
 Special provision is made by this Act (see sec. 16) as to the con- 
 tributions by parents in the case of children sent to a certified day 
 industrial school. 
 
 See also sec. 4 of the 63 & 64 Viet., c. 53, post, as to contribu- 
 ting to the ultimate disposal of a child who has been sent to an 
 industrial school. 
 
 Duty of Local Authority as to taking Proceedings iinder 
 this Act or 29 & 30 Viet., c. 118. 
 
 13. Where the local authority are informed by any 
 person of any child in their jurisdiction who is stated by 
 that person to be liable to be ordered by a court under 
 this Act to attend school, or to be sent under this Act, or 
 the Industrial Schools Act, 1866, to an industrial school, it 
 shall be the duty of the local authority to take proceedings 
 under this Act or the Industrial Schools Act, 1866, accord- 
 ingly, unless the local authority think that it is inexpedient 
 to take such proceedings. 
 
 Provided that nothing in this section shall relieve the 
 local authority from the responsibility of performing their 
 duty under the other provisions of this Act. 
 
 The Local Education Authority are the local authority : see sec. 7. 
 
 As to the cases in which an order may be made for the attendance 
 of a child at school, see sec. n, and as to those in which a child may 
 be sent to an industrial school under this Act, see sec. 12. As to 
 certified truant industrial schools see note on sec. 14. 
 
 The classes of children who may, under the Industrial Schools Act, 
 1866, be sent to industrial schools, are set forth in the note to sec. 27 
 of the 33 & 34 Viet, c. 75, ante. 
 
 This section does not preclude a private individual from taking 
 proceedings for the removal of a child to an industrial school. In 
 Walker v. Laxton (70 L. T. 690) an application was made by a local 
 officer of the Society for the Prevention of Cruelty to Children for an 
 order for the removal to an industrial school of a child who was 
 residing with her sister, who was proved to be a common prostitute. 
 The officer of the society had reported the case to the officer of the 
 school attendance committee, but it was not shown that the committee 
 had authorized or requested the proceedings which had been instituted. 
 The justices held that an application should be made to the local 
 
 Z
 
 33 ELEMENTARY EDUCATION ACT, 1876. 
 
 authority under sec. 13 of the Act and proof given that they had 
 declined to take proceedings, and on this ground they dismissed the 
 complaint. The Court held that it was clear that under the statutes 
 referred to either a local authority or a private individual had the right 
 to take proceedings as if the other had no authority. 
 
 In proceedings by a local authority with a view to obtaining an 
 attendance order requiring a child to attend a certified day industrial 
 school or an order of detention ordering a child to be detained in a 
 certified day industrial school, the provisions of the Order in Council 
 of the 2oth March, 1877, must be strictly observed (see arts. 16, 18, 
 and 19 of the order in Appendix, pp. 609, 610, 612. 
 
 With respect to the classes of children authorized by the Industrial 
 Schools Act, 1866, to be sent to a certified industrial school who, under 
 sec. 16, post, may be sent to certified day industrial schools under 
 orders of detention, see art. 12 of the Order in Council of the 2oth 
 March, 1877 (Appendix, p. 605). 
 
 See also sec. 4 of the 63 and 64 Viet., c. 53, post, as to contribu- 
 ting to the ultimate disposal of a child who has been sent to an 
 industrial school. 
 
 INDUSTRIAL SCHOOL. 
 
 Licence to Child sent to Industrial School to live out 
 while attending School. 
 
 14. Where a child is sent to a certified industrial school 
 under this Act or the Industrial Schools Act, 1866, upon 
 the complaint or representation of the local authority under 
 this Act, the managers of such school may, if they think 
 fit, at any time after the expiration of one month after the 
 child is so sent, give him a licence under section twenty- 
 seven of the Industrial Schools Act, 1866, to live out of the 
 school, but the licence shall be conditional upon the child 
 attending as a day scholar, in such regular manner as is 
 specified in the licence, some school willing to receive him 
 and named in the licence, and being a certified efficient 
 school. 
 
 This section it will be observed provides that in the case of a child 
 sent to a certified industrial school under this Act or the Industrial 
 Schools Act, 1866. on the representation of a local authority under 
 this Act (as defined by sec. 7) the managers of the school are em- 
 powered if they think fit at any time after the expiration of one month 
 after the child is so sent to give him a licence under sec. 27 of the 
 Industrial Schools Act to live out of the school, subject to the con- 
 ditions above mentioned, whilst sec. 27 of the Act referred to only 
 admits of a licence being granted in respect of other children when 
 eighteen months of the period of detention allotted to the child has 
 expired. Difficulties were raised by managers of industrial schools as 
 to the admission of children for such short periods as are contemplated 
 by this section on the ground that it would be likely to interfere with 
 the discipline of the school, and this led to the establishment of
 
 39 & 40 VICT., c. 79, SEC. 14. 331 
 
 certified industrial schools termed truant schools for children of the 
 class referred to in the section. These truant schools are in fact 
 certified industrial schools, intended specially for this particular class 
 of children. The Secretary of State on the I3th of July, 1897, issued 
 model rules for the guidance of managers of certified industrial 
 schools in the preparation of a code of rules for these schools. Copies 
 of these rules may be obtained on application to the Reformatory and 
 Industrial Schools Office, Great Scotland Yard, S.W. 
 
 In these model rules it is stated that the maximum periods for 
 which children may be detained are as follows : In the first instance 
 for three months. In the second instance for four months. In the 
 third instance for six months. If necessary again to re-admit a boy 
 for a further period of detention in no case shall the period exceed 
 six months. No boy shall be detained after fourteen years of age. 
 
 With regard to the expenses of and incidental to the sending of a 
 child who has been committed to a certified industrial school out on 
 licence and bringing back the child on the expiration or revocation of 
 a licence, see sec. 4 (i) of 63 & 64 Viet., c. 
 
 Sec. 27 of the Industrial Schools Act, 1866, which is referred to in 
 the above section, provides as follows : 
 
 "The managers of a school may, at any time after the expiration of 
 eighteen months of the period of detention allotted to a child, by 
 licence under their hands, permit him to live with any trustworthy and 
 respectable person named in the licence, and willing to receive and 
 take charge of him. 
 
 " Any licence so granted shall not be in force for more than three 
 months, but may at any time before the expiration of those three 
 months be renewed for a further period not exceeding three months to 
 commence from the expiration of the previous period of three months, 
 and so from time to trine until the period of the child's detention is 
 expired. 
 
 "Any such licence may also be revoked at any time by the 
 managers of the school by writing under their hands, and thereupon 
 the child to whom the licence related may be required by them, by 
 writing under their hands, to return to the school. 
 
 " The time during which a child is absent from a school in pursuance 
 of a licence shall, except where such licence has been forfeited by his 
 misconduct, be deemed to be part of the time of his detention in the 
 school, and at the expiration of the time allowed by the licence he 
 shall be taken back to the school. 
 
 " A child escaping from the person with whom he is placed under a 
 licence, or refusing to return to the school on the revocation of his 
 licence, or at the expiration of the time allowed thereby, shall be 
 deemed to have escaped from the school." 
 
 By sec. i of the Reformatory and Industrial Schools Act, 1891 (54 
 & 55 Viet., c. 23), it is provided that, If any child detained in or 
 placed out on licence from a certified industrial school conducts him- 
 self well, the managers of the school may, with his own consent, 
 apprentice him to, or dispose of him in, any trade, calling or service, 
 or by emigration, notwithstanding that his period of detention has not 
 expired, and such apprenticing or disposition shall be as valid as if 
 the managers were his parents. Where, however, he is to be disposed 
 of by emigration, and in any case unless he has been detained for
 
 332 ELEMENTARY EDUCATION ACT, 1876. 
 
 twelve months, the consent of the Secretary of State shall also be 
 required for the exercise of any power under this section. 
 
 See also sec. 4 (2) of the Elementary Education Act, 1900 (63 & 64 
 Viet., c. 53), post, as to the powers of contributing to the ultimate 
 disposal of a child who has been sent to an industrial school. 
 
 For definition of a "certified efficient school," see sees. 16 and 48. 
 
 A child who in pursuance of a licence under this section attends a 
 certified day industrial school as a certified efficient school is subject 
 to the provisions of the Order in Council of the 2oth March, 1877, 
 relating to a child attending a certified day industrial school without 
 an Order of Court (see arts. 17 and 20, Appendix, pp. 610, 613). 
 
 A mendment as to Provision of Industrial School by 
 School Board. 
 
 15. The consent of one of Her Majesty's principal 
 Secretaries of State, and not of the Education Depart- 
 ment, shall be required for the establishing, building, 
 and maintaining of a certified industrial or certified day 
 industrial school by a school board, and to the spreading 
 of the payment of the expense of such establishment 
 and building over a number of years . . . and to the 
 borrowing of money for that purpose ; and for the 
 purpose of such borrowing [section ten of the Elementary 
 Education Act, 1873], shall be held to apply to the loan in 
 like manner as if one of Her Majesty's principal Secretaries 
 of State were substituted therein for the {Education Depart- 
 ment}, and such establishment and building shall be deemed 
 to be a work for which a school board is authorized to 
 borrow within the meaning of the First Schedule to the 
 Public Works Loans Act, 1875. 
 
 It is provided by 2 Edw. 7, c. 42, Third Schedule (8), ante, that "a 
 reference to the provisions of this Act as to borrowing shall be substi- 
 tuted in sec. 15 of the Elementary Education Act, 1876, for the 
 reference to sec. 10 of the Elementary Education Act, 1873, an< ^ a 
 reference to the Local Government Board shall be substituted for the 
 second reference in that section to the Education Department." 
 
 The effect of the section as amended appears to be that the consent 
 of one of His Majesty's Principal Secretaries of State will be required 
 for the establishing, building, and maintaining of a certified industrial 
 or certified day industrial school by a Local Education Authority, and 
 to the spreading of the payment of the expense of such establishment 
 and building over a number of years, and to the borrowing of money 
 for that purpose ; and for the purpose of such borrowing sec. 19 of the 
 Education Act, 1902 (see 2 Edw. 7, c. 42, ante), shall be held to apply 
 to the loan in like manner as if one of His Majesty's Principal 
 Secretaries of State were substituted therein for the Local Government 
 Board, and such establishment and building shall be deemed to be a
 
 39 & 40 VICT., c. 79, SEC. 1 6. 333 
 
 work for which the Local Education Authority are authorized to 
 borrow within the meaning of the First Schedule to the Public Works 
 Loans Act, 1875. 
 
 With regard to the powers of a Local Education Authority (with 
 the consent of one of His Majesty's Principal Secretaries of State as 
 provided by this section) to establish, build, and maintain a certified 
 industrial school within the meaning of the Industrial Schools Act, 
 1866, see sec. 28 of 33 & 34 Viet. c. 75, ante. 
 
 As to certified truant industrial schools, see note on sec. 14 of 39 & 
 40 Viet, c. 79. 
 
 With respect to the powers of a school board with regard to estab- 
 lishing and maintaining and contributing to the establishment and 
 maintenance of a certified day industrial school, see sec. 16. 
 
 See opinion <-of Attorney-General as to powers of borrowing under 
 this section for furnishing certified industrial schools in note to sec. 28 
 of the 33 & 34 Viet., c. 75. 
 
 See also sec. 3 of the Elementary Education (Industrial Schools) 
 Act, 1879, post, as to further powers conferred on Local Education 
 Authorities with regard to loans in respect of certified industrial 
 schools and certified day industrial schools. 
 
 DAY INDUSTRIAL SCHOOL. 
 Establishment, &c., of Day Industrial Schools. 
 
 1 6. If a Secretary of State is satisfied that, owing to the 
 circumstances of any class of population in any school 
 district, a school in which industrial training, elementary 
 education, and one or more meals a day, but not lodging, 
 are provided for the children, is necessary or expedient for 
 the proper training and control of the children of such class, 
 he may, in like manner as under the Industrial Schools 
 Act, 1866, certify any such school (in this Act referred to 
 as a day industrial school) in the neighbourhood of the 
 said population to be a certified day industrial school, (i) 
 
 Any child authorized by the Industrial Schools Act, 
 1866, to be sent to a certified industrial school, may, if the 
 Court before whom the child is brought think it expedient, 
 be sent to a certified day industrial school ; any child sent 
 to a certified day industrial school by an order of a court 
 (other than an attendance order under this Act) may during 
 the period specified in the order be there detained during 
 such hours as may be authorized by the rules of the school 
 approved by the said Secretary of State. (2) 
 
 A certified day industrial school shall be deemed to 
 be a certified efficient school within the meaning of this 
 Act. 
 
 In the case of a certified day industrial school,
 
 334 ELEMENTARY EDUCATION ACT, 1 8/6. 
 
 (i.) A prison authority within the meaning of the 
 Industrial Schools Act, 1866, and a school board 
 shall respectively have the same powers in 
 relation to a certified day industrial school as 
 they have in relation to a certified industrial 
 school (3) ; and 
 
 (2.) There may be contributed out of moneys provided 
 by Parliament towards the custody, industrial 
 training, elementary education, and meals of 
 children sent by an order of a court other than 
 an attendance order under this Act to a certified 
 day industrial school such sums not exceeding 
 one shilling per head per week, and on such 
 conditions as a Secretary of State from time to 
 time recommends (4) ; and 
 
 (3.) Where a court of summary jurisdiction orders other- 
 wise than by an attendance order under this Act 
 a child to be sent to a certified day industrial 
 school, the Court shall also order the parent of 
 such child, if liable to maintain him, to contribute 
 to his industrial training, elementary education, 
 and meals in the school such sum not exceeding 
 two shillings per week as is named in the order ; 
 it shall be the duty of the local authority to obtain 
 and enforce the said order, and every sum paid 
 under the order shall be paid over to the local 
 authority in aid of their expenses under this Act ; 
 if a parent resident in any parish is unable to pay 
 the sum required by the said order to be paid, he 
 shall apply to the guardians having jurisdiction 
 in the parish, who, if satisfied of such inability, 
 shall give the parent sufficient relief to pay the 
 said sum, or so much thereof as they consider 
 him unable to pay, and the money so given shall 
 be charged to the parish as provided by this Act 
 in the case of money given for the payment of 
 school fees (5) ; and 
 
 (4.) The managers of a certified day industrial school 
 may, upon the request of a local authority and of 
 the parent of a child, and upon the undertaking 
 of the parent to pay towards the industrial 
 training, elementary education, and meals of such 
 child such sum, not less than one shilling a week, 
 as a Secretary of State from time to time fixes, 
 receive such child into the school under an
 
 39 & 40 VICT., c. 79, SEC. 16. 335 
 
 attendance order or without an order of a court ; 
 and there may be contributed out of moneys 
 provided by Parliament in respect of that child 
 such sum not exceeding sixpence a week, and on 
 such conditions as a Secretary of State from time 
 to time recommends. (6) 
 
 It shall be lawful for Her Majesty from time to time, 
 by Order in Council, to apply to a certified day industrial 
 school the provisions of the Industrial Schools Act, 1866, 
 and the Acts amending the same, with such modifications 
 as appear to Her Majesty to be necessary or proper for 
 adapting such provisions to a day industrial school, and 
 bringing them into conformity with this Act ; and such 
 order may provide that a child may be punished for an 
 offence by being sent to a certified industrial in lieu of a 
 certified reformatory school, or may otherwise mitigate 
 any punishment imposed by the said Act. (/) 
 
 It shall be lawful for Her Majesty from time to time, by 
 Order in Council, to revoke and vary any Order in Council 
 made under this section. 
 
 Every such order shall be laid before both Houses of 
 Parliament within one month after it is made, if Parliament 
 be then sitting, or if not, within one month after the 
 beginning of the then next session of Parliament, and 
 while in force shall have effect as if it were enacted in this 
 Act. 
 
 A Secretary of State may from time to time make, and 
 when made revoke and vary, the forms of orders for 
 sending a child to a day industrial school, and the manner 
 in which children are to be sent to such school. 
 
 If a Secretary of State is of opinion that, by reason of 
 a change of circumstances or otherwise, a certified day 
 industrial school ceases to be necessary or expedient for 
 the proper training and control of the children of any class 
 of population in the neighbourhood of that school, he may, 
 after due notice, withdraw the certificate of the school, and 
 thereupon such school shall cease to be a certified day 
 industrial school. (8) 
 
 Provided, that the reasons for withdrawing such certi- 
 ficate shall be laid before both Houses of Parliament 
 within one month after notice of the withdrawal is given, 
 if Parliament be then sitting, or if not, within one month 
 after the then next meeting of Parliament. 
 
 (i) The Order in Council of the 2oth March, 1877 (see Appendix,
 
 336 ELEMENTARY EDUCATION ACT, 1 876 
 
 p. 603), defines " day industrial schools " and " managers " of such 
 schools. It also provides as to the mode of certifying day industrial 
 schools, and as to their inspection. 
 
 The Secretary of State has issued instructions and regulations with 
 reference to applications for certificates for day industrial schools (see 
 Appendix, p. 598). These instructions set forth the regulations which 
 may be embodied in the rules of these schools. 
 
 (2) The classes of children who may be sent to a certified day 
 industrial school under an order of detention under this enactment 
 are specified in art. 12 of the Order in Council above referred to. An 
 " attendance order " is defined by sec. 1 1 of this Act. The Order in 
 Council (see art. 18) contains provisions as to the form and contents of 
 an order of detention and the hours during which a child may be 
 detained under such order. An order of detention is not in any case 
 to authorize the detention of a child for more than three years, 
 or beyond the time when the child shall attaih the age of fourteen 
 years. 
 
 See also Order in Council of 25th October, 1881, p. 626, post, as to 
 licence exempting a child sent to a certified day industrial school 
 under a detention order from attending such school. 
 
 (3) As to the powers of Local Education Authorities and prison 
 authorities to contribute towards the alteration, enlargement, or re- 
 building 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 certified industrial school, or towards the purchase of land required 
 either for the use of an existing certified industrial school, or for 
 the site of a school intended to be a certified industrial school, and 
 " themselves to undertake anything towards which they are authorized 
 to contribute" in connection with a certified industrial school, see the 
 29 & 30 Viet., c. 118, sees. 12, 13, 27, and 50 ; 33 & 34 Viet., c. 75, 
 sees. 27 and 28 ; 35 & 36 Viet., c. 21, sees. 7, 8, and 9 ; 36 & 37 Viet., 
 c. 86, sec. 14 ; and the 37 & 38 Viet., c. 47, sees. 2, 3, and 4. See 
 also the further powers conferred by sees. 2 and 3 of the 42 & 43 
 Viet., c. 48, post. 
 
 (4) This clause, it will be observed, refers to children sent to a 
 certified day industrial school under an order of detention, and not to 
 children sent under an "attendance order" under sec. n. For the 
 recommendations of the Secretary of State as to the parliamentary 
 grant, see p. 628. 
 
 (5) The orders under this sub-section will be obtained by the Local 
 Education Authority as the "local authority" under sec. 7. When a 
 parent is unable to pay the sum required by the order, the relief 
 necessary to enable him to make the payment is to be given by the 
 guardians of the union comprising the parish in which he resides, 
 and not by the " local authority." The section says that the parent 
 shall apply to the guardians having jurisdiction in the parish, but 
 this is intended to refer to the board of guardians, and not to the 
 individual guardians of the parish. There is no provision (as in 
 sec. 10, with regard to the payment of school fees) that the parent 
 shall not by reason of such payment be deprived of any franchise, or 
 be subject to any disability or disqualification. The relief is to be
 
 39 & 40 VICT., c. 79, SEC. 19. 337 
 
 charged to the parish in like manner as money given for the payment 
 of school fees, z>., is to be charged to the particular parish in which 
 the parent resides, and not to the common fund of the union (see 
 sec. 35X 
 
 (6) With reference to this sub-section, see art. 20 of the Order in 
 Council of the 2oth March, 1877 (p. 613). 
 
 The Secretary of State under this sub-section has made the following 
 regulations, which bear date the 4th of January, 1878 : In the case 
 of a child sent to a certified day industrial school under an attendance 
 order or without an order of court, the sum which his parents shall 
 undertake to pay towards the industrial training, elementary education, 
 and meals of such child shall be such sum as may be agreed upon 
 between the parent of the child and the managers of the school not 
 less than is. nor more than zs. per week. For the recommendations 
 of the Secretary of State as to the parliamentary grant, see p. 628. 
 
 (7) For Orders in Council which have been made under these 
 powers, see Appendix, pp. 602, 626). 
 
 (8) As to the provisions with regard to the withdrawal of the 
 certificate of a certified day industrial school, see arts. 32, 34, 35, and 
 36 of the Order in Council of 2oth March, 1877, in Appendix. 
 
 Conditions of Contribution to Day Industrial Schools. 
 
 17. The conditions of a parliamentary contribution to a 
 certified day industrial school, to be recommended by the 
 Secretary of State, shall provide for the examination of 
 the children according to the standards of proficiency for 
 the time being in force for the purposes of a parliamentary 
 grant to public elementary schools, but may vary the 
 amounts of the contributions to be made in respect of 
 such standards respectively. 
 
 Any conditions recommended by a Secretary of State 
 for the purposes of contributions to a day industrial school 
 shall be laid before Parliament in the same manner as 
 minutes of the Education Department relating to the 
 annual parliamentary grant. 
 
 As to parliamentary contributions to a certified day industrial school, 
 see sec. 16 (2) and (4). 
 
 For recommendations which have been made by the Secretary of 
 State as to the parliamentary grants, see p. 628. 
 
 Amendment of 33 & 34 Viet., .75, sec. 97, as to Conditions 
 of Annual Parliamentary Grant. 
 
 19. ... 
 
 The conditions required to be fulfilled by an elementary 
 school in order to obtain the annual parliamentary grant 
 shall provide that . . .
 
 338 ELEMENTARY EDUCATION ACT, 1876. 
 
 (2.) Where the population of the school district in which 
 the school is situate, or the population within two 
 miles, measured according to the nearest road, 
 from the school is less than three hundred, and 
 there is no other public elementary school recog- 
 nized by the Education Department as available 
 for the children of that district, or that population 
 (as the case may be), a special parliamentary 
 grant may be made annually to that school to 
 the amount, if the said population exceeds two 
 hundred, of ten pounds, and, if it does not exceed 
 two hundred, of fifteen pounds ; and 
 
 (3.) The said special grant shall be in addition to the 
 ordinary annual parliamentary grant, and shall 
 not be included in the calculation of that grant 
 for the purpose of determining whether it does 
 or not exceed the amount before in this section 
 mentioned. 
 
 Sub-sec, i of this section was repealed by the 60 Viet., c. 5, sec. 2, 
 post, so far as it applied to day schools in England and Wales. 
 
 The reference to " school district " in this section is to be construed 
 as a reference to a parish in the case of an area for which the council 
 of a county are the Local Education Authority, and in other cases to 
 the area for which the Local Education Authority act, see 2 Edw. 7, 
 c. 42, Third Schedule (i). 
 
 See also sec. 2 (i) of the 53 & 54 Viet., c. 22, post, as to a special 
 grant of io/. which may be paid annually to a public elementary 
 school where certain conditions as to population exist. This grant 
 may be paid in addition to the ordinary parliamentary grant, and in 
 addition to the special grant under sub-sec. 2 of this Act. 
 
 The latter part of sub-sec. 3 has no effect, so far as regards England 
 and Wales, as it had reference to conditions prescribed for annual 
 parliamentary grants in sub-sec, i. 
 
 Conditions for obtaining Parliamentary Grant. 
 
 20. The conditions required to be fulfilled by schools in 
 order to obtain annual parliamentary grants shall provide 
 that the income of the schools shall be applied only for the 
 purpose of public elementary schools. 
 
 The Day School Code of the Board of Education contains a pro- 
 vision (Art. 90) in accordance with this enactment. 
 
 See also sees. 96 and 97 of 33 & 34 Viet., c. 75, ante, as to conditions 
 of annual parliamentary grants and notes thereon. 
 
 The Education Department have stated that expenditure on foot- 
 balls, skipping ropes, and other articles required for games when the 
 time table provides for games as suitable physical exercises is a 
 legitimate application of the income of the school.
 
 39 & 40 VICT., c. 79, SEC. 24. 339 
 
 Provision as to Bye- laws tinder sec. 74 of the Elementary 
 Education Act, 1870 (33 & 34 Viet., c. 75), as extended by 
 this Act. 
 
 23. ... It shall be the duty of every local authority to 
 enforce the bye-laws made by that authority in pursuance 
 of section seventy-four of the Elementary Education Act, 
 1870. 
 
 For provisions of sec. 74 of the Elementary Education Act, 1870, 
 with regard to bye-laws, see p. 270. See also notes on that section. 
 
 The Local Education Authority are the local authority for the 
 enforcement of bye-laws : see sec. 7. 
 
 As regards the appointment of officers for execution of bye-laws, 
 see sec. 28. 
 
 ADMINISTRATIVE PROVISIONS. 
 
 Supplemental Provisions as to Certificates of Proficiency 
 and Previous Attendance at School. 
 
 24. The certificates of proficiency of a child in reading, 
 writing, and elementary arithmetic, and of the previous due 
 attendance of a child at a certified efficient school for the 
 purposes of this Act, shall be certificates of proficiency 
 and previous due attendance ascertained according to the 
 standards set forth in the First Schedule to this Act, and 
 such certificate shall be granted to the child entitled to the 
 same free of cost or charge to such child, or to the parent 
 of such child. 
 
 The Education Department may from time to time by 
 order make, and when made revoke and vary, regulations 
 with respect to certificates of age for the purposes of this 
 Act and the persons by whom and the form in which 
 certificates of the said proficiency and due attendance are 
 to be granted, and with respect to other matters relating 
 thereto, and with respect to the preservation of registers 
 and other records of such proficiency and attendance, and 
 such regulations shall be observed by the local authority 
 and the managers of certified efficient schools. 
 
 All regulations made by the Education Department 
 under this section shall be laid before Parliament in the 
 same manner as minutes of the Education Department, 
 relating to the annual parliamentary grant. 
 
 As regards the standards of proficiency in reading, writing, and 
 elementary arithmetic, and previous due attendance at school, which 
 are prescribed, see first schedule, p. 355.
 
 340 ELEMENTARY EDUCATION ACT, 1876. 
 
 The regulations which have been issued by the Board of Education 
 with regard to certificates of age and of proficiency and previous due 
 attendance will be found in the Appendix, p. 548-551. 
 
 For definition of "certified efficient schools," see sees. 16 and 48. 
 
 Certificates of Birth for purposes of Act. 
 
 25. Where the age of any child is required to be ascer- 
 tained or proved for the purposes of this Act, or for any 
 purpose connected with the elementary education or 
 employment in labour of such child, any person on pre- 
 senting a written requisition in such form and containing 
 such particulars as may be from time to time prescribed 
 by the Local Government Board, and on payment of such 
 fee, not exceeding one shilling, as the Local Government 
 Board from time to time fix, shall be entitled to obtain a 
 certified copy under the hand of the registrar or superin- 
 tendent registrar of the entry in the register under the 
 Births and Deaths Registration Acts, 1836 to 1874, of the 
 birth of the child named in the requisition. 
 
 The enactment in this section is, to a considerable extent, super- 
 seded by sec. 134 of the Factory and Workshop Act, 1901 (i Edw. 7, 
 c. 22). That section is as follows : 
 
 " Where the age of any young person under the age of sixteen 
 years, or child, is required to be ascertained or proved for the purposes 
 of this Act, or for any purpose connected with the employment in 
 labour or elementary education of the young person or child, any 
 person shall, on presenting a written requisition in such form, and 
 containing such particulars as may be from time to time prescribed by 
 the Local Government Board, and on payment of a fee of sixpence be 
 entitled to obtain a certified copy under the hand of a registrar or 
 superintendent registrar of the entry in the register under the Births 
 and Deaths Registration Acts, 1836 to 1874, of the birth of that young 
 person or child ; and such form of requisition shall on request be 
 supplied without charge by every superintendent registrar and registrar 
 of births, deaths, and marriages." 
 
 The Local Government Board, by an order dated the 23rd December, 
 1901 (see Appendix, p. 581), prescribed a form of requisition. 
 
 It is only upon a requisition in such form and containing such 
 particulars as may be prescribed by the Local Government Board that 
 the registrar is required to give for the fee of sixpence a certified copy 
 of the entry in the register. The form of requisition prescribed by the 
 Local Government Board requires that it shall show " in what year the 
 young person or child was born," and if this information is not given it 
 would appear that a registrar would be justified in declining to act upon 
 the requisition until the form has been properly filled up. A search in 
 the indexes prepared under the Act 6 & 7 Wm. 4, c. 86, would probably 
 enable the applicant to ascertain the precise year of birth for filling up 
 the form, and when a search is requested for this purpose, the registrar 
 is entitled to the usual search fee. It is considered that it is only under 
 these circumstances that a fee can properly be demanded for a search
 
 39 & 4 VICT., c. 79, SEC. 26. 341 
 
 for an entry of a birth of which a certificate is required under the 
 provisions of this section. 
 
 A penny inland revenue stamp is not required to be affixed to these 
 certificates, as they are issued pursuant to and for the purposes of an 
 Act of Parliament, and are therefore exempt from stamp duty (54 & 
 55 Viet. c. 39, sched.)- 
 
 Returns of Registrars of Births and Deaths to 
 School Boards. 
 
 26. Every registrar of births and deaths, when and as 
 required by a local authority, shall transmit, by post or 
 otherwise, a return of such of the particulars registered by 
 him concerning deaths and births of children as may be 
 specified in the requisition of the local authority. 
 
 The local authority may supply a form, approved by 
 the Local Government Board, for the purpose of the 
 return, and in that case the return shall be made in the 
 form so supplied. 
 
 The local authority may pay, as part of their expenses 
 under this Act, to the registrar making such return such 
 fee as may be agreed upon between them and the registrar, 
 not exceeding twopence for every birth and death entered 
 in such return. 
 
 The Local Education Authority are the "local authority :" see sec. 
 7. The section appears intended to provide for those cases where 
 the local authority deem it desirable that they should be regularly 
 supplied with particulars of the several births and deaths registered 
 by the registrar for the district ; whilst sec. 25 meets the case where 
 information is required as to the age of a particular child. It will be 
 observed that the section only refers to the registrar and not to the 
 superintendent registrar also. 
 
 The Local Government Board have approved of a form of return 
 for the purpose ctf this section. The form is published by Messrs. 
 Knight & Co., La Belle Sauvage, Ludgate Hill, E.G. 
 
 Where a local authority under the powers given by this section 
 have obtained a return of the births of children in their district, 
 which will enable them to grant age certificates to individual children, 
 they are, on the application of any parent or other person interested 
 in the education or employment of a child, to grant a certificate under 
 the hand of their clerk or other officer deputed for this purpose, for a 
 fee not exceeding fourpence for each child. See regulations of the 
 Board of Education dated 2ist of March, 1901, in Appendix, p. 548. 
 
 A certificate from a local authority to the effect that it appears from 
 the returns transmitted to them in pursuance of this Act by the 
 Registrar of Births and Deaths that the child was born at the date 
 named in the certificate, will be sufficient for the purposes of the 
 Factory and Workshop Act, 1901 (i Edw. 7, c. 22, sec. 64). 
 
 Under the regulations as to the duties of registrars of births and 
 deaths made under the Births and Deaths Registration Act, 1874, a
 
 342 ELEMENTARY EDUCATION ACT, 1 8/6. 
 
 certificate of the registry of a child's birth may be granted by the 
 registrar at the time of registration on one of the forms furnished by 
 the Registrar-General for the purpose, on payment of a fee not ex- 
 ceeding threepence. The Education Department in a letter dated 
 the 2nd of March, 1896, stated that doubts having been expressed 
 whether this certificate is a registrar's certificate which may be 
 accepted by the local authority as evidence of age for the purpose 
 of the issue of a labour certificate under the Regulations of the 
 Education Department as to certificates of age, proficiency, and 
 school attendance, they were advised that such certificate of the 
 registry of birth should, when presented, be accepted by the local 
 authority as evidence of age satisfying the requirements of the revised 
 regulations. 
 
 Officers of Local Authority. 
 
 28. Every local authority . . . shall direct one or more 
 of their officers ... to act in the execution of this Act, 
 and of any bye-laws in force within the jurisdiction of 
 such authority, and may, if they think fit, pay him or 
 them for so doing, and may, if need be, appoint and pay 
 officers for the purpose. 
 
 See sec. 7 as to the " local authority." 
 
 With regard to the authority required to empower an officer to 
 institute proceedings for non-attendance or irregular attendance at 
 school, see sec. 38. 
 
 In connection with the words " the execution of this Act," see sec. 
 1 3 of the Act. 
 
 Power of Officer of Local Authority to enter 
 Place of Employment. 
 
 29. If it appear to any justice of the peace, on the 
 complaint of an officer of the local authority acting under 
 this Act, that there is reasonable cause to believe that a 
 child is employed in contravention of this Act in any 
 place, whether a building or not, such justice may by order 
 under his hand empower an officer of the local authority to 
 enter such place at any reasonable time within forty-eight 
 hours from the date of the order, and examine such place 
 and any person found therein touching the employment of 
 any child therein. 
 
 Any person refusing admission to an officer authorized 
 by an order under this section, or obstructing him in the 
 discharge of his duty, shall for each offence be liable on 
 summary conviction to a penalty not exceeding twenty 
 pounds. 
 
 As to the prohibition of the employment of children, see sees. 5, 6,
 
 39 & 40 VICT., c. 79, SEC. 33. 343 
 
 9, and 47 ; 43 & 44 Viet., c. 23, sec. 4 ; 56 & 57 Viet., c. 51, sec. 2 ; and 
 62 & 63 Viet., c. impost. As to the enforcement of penalties, see 
 sees. 37, 38, and 39. 
 
 Power to authorize Appointment of School Attendance 
 Committee by Urban Sanitary Authority. 
 
 33- - . 
 
 Provided, that the expenses (if any) of a school attend- 
 ance committee appointed by an urban sanitary authority 
 shall be paid out of a fund to be raised out of the poor 
 rate of the parish or parishes comprised in the district of 
 such authority, according to the {rateable vahee] of each 
 parish, and the urban sanitary authority shall, for the 
 purpose of obtaining payment of such expenses, have the 
 same power as a board of guardians have for the purpose 
 of obtaining contributions to their common fund under the 
 Acts relating to the relief of the poor. . . . 
 
 This section is repealed except as applied by the 2 Edw. 7, c. 42 
 (Fourth Schedule, Part II.), ante. 
 
 As regards this saving, see sec. 18 (i) of that Act, which provides 
 that the expenses of a council under the Act shall, so far as not other- 
 wise provided for, be paid in the case of the council of an urban district 
 other than a borough in manner provided by sec. 33 of the Elementary 
 Education Act, 1876, as respects the expenses mentioned in that 
 section. 
 
 The expenses referred to will be those of the council of an urban 
 district under sec. 3 of 2 Edw. 7, c 42, with respect to education other 
 than elementary, and of the council as the Local Education Authority 
 for the purpose of Part III. of that Act in the case of a district with a 
 population of over twenty thousand. 
 
 The sum to be raised in each parish will be based on the " assessable 
 value" of the parish (as defined in the Agricultural Rates Act, 1896), 
 i.e. the rateable value of the district less half the rateable value of 
 agricultural land. 
 
 The order of a board of guardians for the purpose of obtaining 
 the contribution of a parish to their common fund is addressed to the 
 overseers of the parish, and requires the payment to the treasurer of 
 the guardians of a certain sum on a certain day. Where the guardians 
 deem it desirable, the sum may be ordered to be paid by instalments 
 on days to be specified in the order. The order should be addressed 
 to all the overseers (including the churchwardens, when they are 
 ex-officio overseers) by name. When a copy of the order has been 
 served upon one of the overseers, the guardians may enforce the 
 order against the person so served as fully and effectually as if a copy 
 had been also served upon every one of the overseers (12 & 13 Viet., 
 c. 103, sec. 7). 
 
 As regards the enforcement of a contribution order, the 2 & 3 Viet., 
 
 c. 84, by sec. i, provides that in every case in which any contribution 
 
 y overseers or other officers of any parish of moneys required by
 
 344 ELEMENTARY EDUCATION ACT, 1876. 
 
 the guardians acting for such parish, or for any union which shall 
 include such parish, shall be in arrear, it shall be lawful for any two 
 justices acting within the district wherein such parish shall be situate, 
 on application under the hand of the chairman or acting chairman of 
 the board, to summon the overseers or other officers to show cause, 
 at a special sessions to be summoned for the purpose, why such con- 
 tribution has not been paid, and after hearing the complaint preferred 
 under the authority of such chairman or acting chairman, and on 
 behalf of such board, if the justices at such sessions shall think fit, 
 by warrant under their hands and seals, to cause the amount of the 
 contribution so in arrear, together with the costs occasioned by such 
 arrear, to be levied and recovered from the said overseers or other 
 officers in like manner as moneys assessed for the relief of the poor 
 may be levied and recovered, and the amount of such arrear, together 
 with the costs as aforesaid, when levied and recovered, to be paid to 
 the said board. Provided always that no distress made under any 
 such warrant of justices shall be replevisable. 
 
 Charge to Parish of Money for School Fees. 
 
 35. Money given under this Act for the payment of 
 school fees for any child of a parent who is not a pauper 
 and is resident in any parish shall be charged by the 
 guardians having jurisdiction in such parish to that parish 
 with other parochial charges. 
 
 As to the powers of guardians with reference to the payment of the 
 school fees of non-pauper children in the exceptional cases where the 
 children attend fee-charging schools, see sec. 10. 
 
 LEGAL PROCEEDINGS. 
 
 Application of 36 & 37 Viet. c. 86, sees. 23-5, to Penalties 
 and Punishment for fraudulently obtaining Payment 
 of Fees. 
 
 37. Sections twenty-three, twenty-four, and twenty-five 
 of the Elementary Education Act, 1873 (which provisions 
 relate to legal proceedings, and the forgery of certificates), 
 shall so far as applicable apply in the case of offences and 
 penalties under this Act, and proceedings for such offences 
 and penalties and of certificates for the purposes of this 
 Act, in like manner as if those sections were enacted in 
 this Act and in terms made applicable thereto, (i) 
 
 And every person who shall fraudulently obtain or 
 enable or procure any other person to obtain from any 
 school board . . . payment, or remission of payment, or 
 an order for payment, or remission of payment of any
 
 39 & 4 VICT., c. 79, SEC. 39. 345 
 
 school fees, shall be liable on summary conviction to im- 
 prisonment for a. period not exceeding fourteen days. (2) 
 
 An order which a court of summary jurisdiction have 
 authority to make in pursuance of this Act may be made 
 in manner provided by the Summary Jurisdiction Acts. (3) 
 
 (i) For sections referred to see the Elementary Education Act, 
 1873, ante. See also sees. 38 and 39 of this A 
 
 (2) This enactment refers to cases where payment or remission 
 of payment, or an order for payment or remission of payment of 
 any school fees is fraudulently obtained from a school board. A 
 school board, however, has had no power to pay school fees since 
 the repeal of sec. 25 of the Education Act of 1870. The provision 
 will only apply to cases where the remission of payment or an order 
 for the remission of payment is fraudulently obtained from the Local 
 Education Authority. 
 
 (3) The Summary Jurisdiction Acts are defined as meaning the 
 1 1 & 12 Viet., c. 43, and any Acts amending the same. 
 
 No Prosecutions except with the Authority of two Members 
 of a School Board, or Local Authority. 
 
 38. No legal proceedings for non-attendance or irregular 
 attendance at school shall be commenced in a court of 
 summary jurisdiction, by any person appointed to carry 
 out the compulsory bye-laws of a school board, . . . 
 except by the direction of not less than two members 
 of a school board. . . . 
 
 In this section references to members of a school board are to be 
 construed as references to members of the Education Committee, or 
 of any sub-committee appointed by that committee for school attend- 
 ance purposes : see Third Schedule (3) of 2 Edw. 7, c. 42, ante. 
 
 As to the appointment of officers for this purpose, see sec. 28. 
 
 Exemption of Employer on Proof of Guilt of some 
 other Person. 
 
 39. Where the offence of taking a child into employment 
 in contravention of this Act is in fact committed by an 
 agent or workman of the employer, such agent or workman 
 shall be liable to a penalty as if he were the employer. 
 
 Where a child is taken into employment in contra- 
 vention of this Act on the production by or with the 
 privity of the parent of a false or forged certificate, or on 
 the false representation of his parent that the child is of 
 
 2 A
 
 346 ELEMENTARY EDUCATION ACT, 1 8/6. 
 
 an age at which such employment is not in contravention 
 of this Act, that parent shall be liable to a penalty not 
 exceeding forty shillings. 
 
 Where an employer charged with taking a child into his 
 employment in contravention of this Act proves that he 
 has used due diligence to enforce the observance of this 
 Act, and either that some agent or workman of his employed 
 the child without his knowledge or consent, or that the 
 child was employed either on the production of a forged 
 or false certificate and under the belief in good faith in 
 the genuineness and truth of such certificate, or on the 
 representation by his parent that the child was of an age 
 at which his employment would not be in contravention 
 of this Act and under the belief in good faith in such 
 representation, the employer shall be exempt from any 
 penalty. 
 
 Where an employer satisfies the local authority, inspector, 
 or other person about to institute a prosecution that he is 
 exempt under this section by reason of some agent, work- 
 man, or parent being guilty, and gives all facilities in his 
 power for proceeding against and convicting such agent, 
 workman, or parent, such authority, inspector, or person 
 shall institute proceedings against such agent, workman, 
 or parent, and not against the employer. 
 
 The provisions in this Act regulating the employment of children 
 are those contained in sees. 5, 6, 9, and 47. See also sec. 4 of 
 43 & 44 Viet., c. 23 ; sec. 2 of 56 and 57 Viet., c. 51 ; and 62 & 63 Viet., 
 c. impost. 
 
 The employer will be exempt from the penalty when he employs a 
 child on the representation by the parent that the child is of an age at 
 which he may be lawfully employed, and under the belief in good 
 faith in the representation ; but he will have no such exemption if he 
 acts on the representation of the child. The parent is liable to a 
 penalty for making a false representation, but no. penalty attaches to a 
 child who falsely represents his age. It is clear that it was intended 
 that an employer should only accept the representation as to the age 
 of a child from some responsible person, and that if he should dispense 
 with this it should be at his own risk. 
 
 As to the definition of the term "parent," see note to sec. n, ante. 
 
 MISCELLANEOUS. 
 
 Adaptation of 36 & 37 Viet., c. 86. sec. 3, respecting 
 Pauper Children, to this Act. 
 
 40. Whereas by section three of the Elementary Educa- 
 tion Act, 1873, provision is made respecting the payment
 
 39 & 40 VICT., c. 79. SEC. 40. 347 
 
 by guardians of the fees of pauper children, and with the 
 view to adapt the said section to the provisions of this Act 
 it is expedient to substitute for the said section the enact- 
 ment following : Be it therefore enacted as follows : 
 
 Where relief out of the workhouse is given by the 
 guardians or their order, by way of weekly or other con- 
 tinuing allowance to the parent of any child above the age 
 of five years who has not reached the standard in reading, 
 writing, and arithmetic prescribed by standard three of the 
 Code of one thousand eight hundred and seventy-six, or 
 who for the time being either is prohibited by this Act 
 from being taken into full-time employment, or is required 
 by any bye-law under section seventy-four of the Ele- 
 mentary Education Act, 1870, as amended by this Act, 
 to attend school, or to any such child, it shall be a condi- 
 tion for the continuance of such relief that elementary 
 education in reading, writing, and arithmetic shall be 
 provided for such child, and the guardians shall give such 
 further relief (if any) as may be necessary for that 
 purpose, (i) 
 
 Any such relief to a parent as above mentioned shall 
 not be granted on condition of the child attending any 
 public elementary school other than such as may be 
 selected by the parent, nor refused because the child 
 attends or does not attend any particular public elemen- 
 tary school. (2) 
 
 The guardians shall not have power under this section 
 to give any relief to a parent in order to enable such 
 parent to pay more than the ordinary fee payable at the 
 school which he selects or more than the fee which under 
 this Act they can enable a parent to pay in any other 
 case. (3) 
 
 All relief given by guardians under this section shall be 
 deemed to be relief within the meaning of the Acts 
 relating to the relief of the poor, and shall be paid out 
 of their common fund, and where given by the guardians 
 of any union in the metropolis as defined by the Metro- 
 politan Poor Act, 1867, shall be deemed to be expenses 
 payable from the Metropolitan Common Poor Fund 
 within the meaning of section sixty-nine of that Act, and 
 shall be repaid to such guardians accordingly. (4) 
 
 (i) This section is not repealed by the 54 & 55 Viet., c. $6, post, 
 which provides for the payment of " fee grants ; " and with regard to 
 the question as to the duties of guardians under this enactment in 
 reference to the granting of " further relief" to enable children to 
 attend school, the Local Government Board, in a circular letter, stated
 
 348 ELEMENTARY EDUCATION ACT, 1876. 
 
 that although where a child attends a free school, or is not required to 
 pay a fee at any fee-charging school which he attends, the duty of the 
 guardians under this section will cease with respect to him so far as 
 regards such further relief, their duty will remain as before the passing 
 of the new Act with respect to any child who can only attend the 
 school on payment of a fee. 
 
 The section, it will be noticed, only brings within its provisions 
 cases where relief " is given by the guardians or their order," and will 
 not therefore apply to cases of " sickness or accident requiring relief 
 by medical attendance," or cases "of sudden or urgent necessity" 
 where the relieving officer on his own discretion, between the meetings 
 of the guardians, grants the relief that is required. Neither will it 
 apply to cases where the relief is administered by the overseers. The 
 relief, to bring the case within the terms of the section, must also be 
 given " by way of weekly or other continuing allowance." The Local 
 Government Board have stated that " where relief is given by or on 
 the order of the guardians by weekly allowances, or where relief is 
 given by them or on their order for a period exceeding the interval 
 between the ordinary meetings of the board of guardians, it appears 
 to the Board to be within the meaning of the Act." 
 
 For definition of the term "parent," see note to sec. 1 1. 
 
 The effect of this clause appears to be that in order to justify the 
 guardians in giving out-door relief to the parent of any child over five 
 and under fourteen years of age, or to any such child, for whom 
 elementary education in reading, writing, and arithmetic is not pro- 
 vided, it is necessary that such child shall have reached the Third 
 Standard of the Code of 1876, that there shall be no prohibition under 
 this Act against his being taken into full-time employment, and that 
 he shall not be required by any bye-law under the Education Acts to 
 attend school. The section is, however, materially altered by sec. 5 
 of the 43 & 44 Viet., c. 23, post. The effect of that section is that the 
 only children to whom the section in this Act will apply will be those 
 who under the bye-laws are required to attend school, and in respect 
 of whom there is no " reasonable excuse " within the meaning of the 
 bye-laws for non-attendance at school. Out-relief on the order of the 
 guardians by way of weekly or other continuing allowance will be con- 
 ditional, in the case of any child to whom the bye-laws apply, on the 
 child attending school to the extent required by the bye-laws, and this 
 is the only condition now imposed. 
 
 Relief given in contravention of these enactments will be illegal, and 
 will therefore be liable to be disallowed by the district auditor. 
 
 For provisions of sec. 74 of the Education Act, 1870, see p. 270 ; see 
 also sec. 23 of this Act. 
 
 In the case of children attending schools where fees are payable, 
 the guardians generally prefer paying the school fees direct to the 
 school teacher instead of to the parent. On this subject the Local 
 Government Board have stated : " As regards the payment of school 
 fees, the following plan, which has been adopted by several boards of 
 guardians, appears to them to be well calculated to give effect to the 
 provisions of the Act. The relieving officer of each district is supplied 
 with tickets containing spaces for the insertion of the name of the 
 child, the school selected for it, and the number of attendances. The 
 name of the child and of the school are filled in by the relieving officer, 
 and the number of attendances by the schoolmaster, and certified by
 
 39 & 40 VICT., c. 79, SEC. 40. 349 
 
 his signature. Each recipient of relief who has a child " (to whom the 
 enactment as amended by sec. 5 of the 43 & 44 Viet., c. 23, post, 
 applies) " is supplied weekly with a ticket for the child, filled up by 
 the relieving officer (as before stated), and the ticket issued by the 
 relieving officer in the one week is returned to him signed by the 
 schoolmaster in the following week, when, if necessary, a fresh ticket 
 is given to the pauper in exchange for it. The relieving officer keeps 
 an account of the number of attendances, and certifies the correctness 
 of the school bill when presented for payment at the end of each 
 quarter, or half-year, as the case may be, and the amount is then paid 
 by the guardians direct to the schoolmaster. It must, however, be 
 distinctly understood that the school for the child is to be selected by 
 the parent and not by the board of guardians or the relieving officer." 
 
 The Education Department have stated that they consider that the 
 Elementary Education Act, 1891 (54 & 55 Viet., c. 56), sec. 5, as to 
 fee grants, has not altered the duty of the teachers of public elemen- 
 tary schools in regard to filling up the school attendance cards for 
 children who receive out-door relief from the guardians or whose 
 parents do so. 
 
 The Darlington Guardians adopted this plan, and arranged to pay 
 the fees to the school managers at the end of each quarter. This 
 arrangement was objected to by one of the guardians, who considered 
 that it was invidious for the pauper children not to be provided with 
 the school fees like other children, and that it caused the children 
 needless annoyance. He contended that the guardians were bound to 
 pay the money direct to the pauper, and an application was made at 
 his instance to Mr. Justice Blackburn on the 2jth of July, 1874, for a 
 writ of certiorari to remove the accounts of the guardians into the 
 Court of Queen's Bench in order to test the validity of the payment 
 of the school fees to the school managers. The writ was, however, 
 refused, Mr. Justice Blackburn observing that he could not see what 
 difference it made, whether the money was paid to the school managers 
 or to the parent. Subsequently, the district auditor having allowed in 
 the accounts of the guardians the fees paid direct to the teachers of 
 the schools, application was made, on behalf of the guardian referred 
 to, to the Court of Queen's Bench for a rule calling on the auditor and 
 the guardians to show cause why a writ of certiorari should not issue 
 to bring up the school fees account, together with the allowance by 
 the auditor and his reasons for the allowance. The Lord Chief Justice 
 (Cockburn) said that all that the Act was passed to secure was, that 
 where parents were in a condition of pauperism, and could not find 
 the money to get their children educated, in order to ensure the 
 education of the children the guardians should find the money 
 necessary for that purpose. This might be done either by paying the 
 money to the parents, or by paying the school fees for the children, 
 as was done here ; as to adopting the one course or the other, it was 
 left in the discretion of the guardians under the particular circum- 
 stances of each case to do what they thought most beneficial. There 
 may in this particular instance be no danger of diversion of the money 
 to other purposes ; but cases might arise where persons of bad 
 character, and of bad habits and mode of life, might misapply the 
 money given for the school fees. The rule was accordingly refused : 
 In re The Guardians of the Darlington Union (32 L. T., N. S., 320). 
 
 Cases have occasionally occurred in which the teachers of public 
 elementary schools have declined to fill up the attendance cards, unless 
 the guardians remunerated them for doing so. The Local Government
 
 35 ELEMENTARY EDUCATION ACT, 1876. 
 
 Board have stated that they are not aware of any legal authority 
 under which the guardians could allow the remuneration if they were 
 disposed to pay the teachers for this service. The Education Depart- 
 ment also took a view adverse to the claims of the teachers. They 
 said that they considered that " the teachers of public elementary 
 schools may fairly be required to fill up the school cards with the 
 names and attendances of children of out-door paupers for whom 
 payment is made by the guardians, but not with the causes of non- 
 attendance, which the teacher, as a rule, could not ascertain without 
 personal inquiry at the house of the parent." 
 
 (2) For definition of " public elementary school," see sec. 7 of the 
 33 & 34 Viet., c. 75, ante. 
 
 In some instances managers of public elementary schools have been 
 unwilling to admit children whom the guardians proposed to send to 
 their schools on the ground that the children would be unruly, or for 
 other similar reasons. One of the conditions of the payment of the 
 parliamentary grant is, that the Board of Education shall be satisfied 
 " that no child is refused admission to the school on other than reason- 
 able grounds." In any case, therefore, in which the guardians consider 
 that admission is improperly refused, the facts may be brought under 
 the notice of the Board of Education. But in connection with this 
 question, see notes on sec. 3 of 63 & 64 Viet., c. 53, post. 
 
 (3) Under the Act of 1873 the maximum school fee which the 
 guardians could pay was -2\d. per week, that is to say, \d. for each of 
 the ten attendances. The guardians may, under the present Act, pay 
 the ordinary fee, not exceeding threepence per week, when the pay- 
 ment of that fee is necessary to entitle the child to attend the school. 
 
 Although the guardians will not be empowered to pay as the school 
 fee a sum beyond that specified, they will not be precluded from 
 allowing additional relief to the parent when in consequence of the 
 loss of earnings of a child through the child's attendance at school 
 the relief previously allowed becomes insufficient for the necessities 
 of the family ; neither will the clause preclude their granting relief for 
 the purpose of providing such clothing as may be proper for the 
 child's attendance at school, when such relief is necessary. 
 
 (4) For definition of the terms " union " and " common fund," see 
 sec. 27 of the 36 & 37 Viet., c. 86, ante. 
 
 The effect of this section, so far as the metropolis is concerned, is to 
 make the cost of the relief given for the education of the children of 
 out-door paupers a charge upon the entire metropolis instead of the 
 particular union or parish in which the relief is administered. The 
 charges upon the common poor fund, out of which this educational 
 relief given by boards of guardians in the metropolis in respect of out- 
 door pauper children will be defrayed, are borne by the unions and 
 parishes in proportion to their annual assessable value. 
 
 Boards of guardians have very generally adopted arrangements for 
 the attendance of the children in the workhouse at a public elementary 
 school in the neighbourhood. With respect to these cases, and the 
 effect of the 54 & 55 Viet., c. 56, post, the Local Government Board in 
 a circular to boards of guardians stated as follows : " With regard to 
 any children sent by the guardians from the workhouse to a public 
 elementary school, if such children are no longer required to pay fees,
 
 39 & 40 VICT., c. 79, SEC. 47. 351 
 
 the guardians will not be able to pay fees for them, but they may pay 
 fees for those children who can only attend the school on payment 
 of a fee." 
 
 The Education Department have in several cases approved under 
 sec. 4 (i) of the 54 & 55 Viet., c. 56, post, of fees being charged for 
 children sent from a workhouse to a public elementary school and for 
 children boarded out by guardians. 
 
 The fees which the guardians pay in these cases are under sec. 24 
 of the Local Government Act, 1888, to be repaid to them by the 
 county council of the county or the town council of the county borough 
 in which the union is situate. 
 
 See also sec. 2 of 63 & 64 Viet., c. 53, post, under which the board 
 of guardians of any poor law union may contribute towards such 
 of the expenses of providing, enlarging, or maintaining any public 
 elementary school as are certified by the Board of Education to have 
 been incurred wholly or partly in respect of scholars taught at the 
 school, who are either residents in a workhouse or an institution to 
 which they have been sent by the guardians from a workhouse or 
 are boarded out by the guardians. 
 
 See also sec. 9 of the 62 & 63 Viet., c. 32, post, under which boards 
 of guardians have similar powers with respect to contributing towards 
 such expenses of providing, enlarging, or maintaining any certified 
 special class or school for defective and epileptic children under that 
 Act as are certified to have been incurred wholly or partly in respect 
 scholars taught at the class or school who are either resident in a work- 
 house or in an institution to which they have been sent by the guardians 
 from a workhouse or are boarded out by the guardians. 
 
 Application of 33 & 34 Viet., c, 75, sees. 83, 84, to Orders 
 and Documents of Education Department. 
 
 45. The provisions of the Elementary Education Act, 
 1870* With respect to orders and documents of the Educa- 
 tion Department, shall apply to all orders and documents 
 of the Education Department under this Act. 
 
 See sees. 83 and 84 of 33 & 34 Viet., c. 75, ante, and 62 & 63 Viet., 
 c. 33, sees. 2 .and 7, post. 
 
 Effect of Schedules. 
 
 46. The schedules to this Act shall have effect as if they 
 were enacted in the body of this Act. 
 
 Definition of Employment in Case of Parent. 
 
 47. A parent of a child who employs such child in any 
 labour exercised by way of trade, or for the purposes of 
 gain, shall be deemed for the purposes of this Act to take 
 such child into his employment. 
 
 As to the prohibition of the employment of children, see sees. 5, 6, 9,
 
 352 ELEMENTARY EDUCATION ACT, 1876. 
 
 and 47 of this Act, 43 & 44 Viet., c. 23, sec. 4, 56 & 57 Viet, c. 51, 
 sees, i and 2, and 62 & 63 Viet., c. 1 3, post. 
 
 In Mather v. Lawrence ((1899) i Q. B., 1000 ; 68 L. J. Q. B. 714 ; 47 
 W. R. 559 ; 80 L. T. 600 ; 63 J. P. 455), where it appeared that the 
 father of a girl, between the ages of thirteen and fourteen years, kept 
 her at home to do housework, although she was not exempted from 
 school attendance, in order to enable his wife to go out to work and earn 
 wages, the Court (Darling and Channell, JJ.) held that the father had 
 not, under these circumstances, employed the child for the purposes of 
 gain, so as to render himself liable to the penalty imposed by this 
 section. Mr. Justice Darling said : I think that what is struck at by 
 this section is the direct earning of gain for the employer, which is not 
 the case here. It is true that the result of keeping the child at home 
 was that some one else was set free to be employed for the purposes of 
 gain, but that is a different thing from the child itself being employed 
 for purposes of gain. The respondent might have been subjected to 
 the penalty imposed by the Act for neglecting to send the child to 
 school. 
 
 General Definitions. 
 
 48. A child in this Act means a child between the ages 
 of five and fourteen years. 
 
 Terms in this Act shall, so far as is consistent with the 
 tenor thereof, have the same meaning as in the Elementary 
 Education Acts, 1870 and 1873. 
 
 The term " certified efficient school " in this Act means 
 a public elementary school, and any workhouse school 
 certified to be efficient by the Local Government Board, 
 and any public or state aided elementary school in Scot- 
 land, and any national school in Ireland, and also any 
 elementary school which is not conducted for private 
 profit, and is open at all reasonable times to the inspection 
 of Her Majesty's Inspectors, and requires the like attend- 
 ance from its scholars as is required in a public elementary 
 school, and keeps such registers of those attendances as 
 may be for the time being required by the Education 
 Department, and is certified by the Education Department 
 to be an efficient school, (i) 
 
 The term " Factory Acts " in this Act, where the 
 Factory Act of any particular year is not referred to, 
 means . . . any Acts for the time being in force regulating 
 factories and workshops. (2) 
 
 The term " Secretary of State " means one of Her 
 Majesty's principal Secretaries of State. 
 
 (i) For definition of the term "public elementary school, 5 ' see sec. 7 
 of the 33 & 34 Viet. c. 75, ante, and notes thereon.
 
 39 & 40 VICT., c. 79, SEC. 50. 353 
 
 Any workhouse school certified to be efficient by the Local Govern- 
 ment Board is to be deemed to be a certified efficient school. The 
 great majority of the workhouse schools have been certified by the 
 Board, after having obtained reports from their inspectors, as efficient. 
 As to the granting of certificates of school attendance and certificates 
 of proficiency in the case of children in workhouse schools which have 
 been certified to be efficient, see regulations of the Board of Education, 
 art. 16 in Appendix, p. 552. See also sec. 7 of the 56 & 57 Viet., c. 42, 
 as to schools for blind and deaf children, and sec. 5 of the 62 & 63 Viet., 
 c. 32, as to schools for defective and epileptic children. 
 
 It will be seen, from sec. 16, that a certified day industrial school is 
 also to be deemed a " certified efficient school." 
 
 The rules which the Board of Education have laid down with 
 respect to the conditions under which they will be prepared to 
 recognize as "certified efficient schools" under this section those 
 elementary schools which do not seek annual aid and are not inspected 
 by the officers of other departments of the state, will be found in the 
 Appendix, p. 545. 
 
 (2) For provisions of the Factory and Workshop Act, 1901, with 
 respect to the education of children, see p. 500. 
 
 Construction of this Act with other Enactments. 
 
 50. Where any act, neglect, or default is punishable 
 under this Act, and also under any other enactment, or 
 any bye-law made by a school board or other local 
 authority for the time being in force, proceedings may be 
 instituted in respect of such act, neglect, or default under 
 this Act or such other enactment or bye-law, in the dis- 
 cretion of the authority or person instituting the proceedings 
 so that proceedings under one enactment or bye-law only 
 be instituted in respect of the same act, neglect or default ; 
 and any bye-law made either before or after the com- 
 mencement of this Act, by any school board or other local 
 authority under section 74 of the Elementary Education 
 Act, 1870, if otherwise valid, shall not be rendered invalid 
 by reason that it is more stringent than the provisions of 
 this Act ; and nothing in this Act shall prejudice the 
 effect of or derogate from any provision relating to the 
 committal of children to industrial schools or the employ- 
 ment of children contained in any previous Act of Parlia- 
 ment which may be more stringent in its provisions than 
 this Act 
 
 In connection with this clause, see note to sec. 11 of this Act as to 
 the case of London School Board v. Bridge, and sec. 4 of the 43 & 44 
 Viet., c. 23, post.
 
 354 ELEMENTARY EDUCATION ACT, 1876. 
 
 PART II. 
 Application of the Act to Scotland. 
 
 53. In the application of this Act to Scotland the follow- 
 ing provision shall have effect : 
 
 The provisions of this Act, with respect to the conditions 
 to be fulfilled by schools in order to obtain an annual 
 parliamentary grant shall apply to Scotland.
 
 ( 355 ) 
 
 FIRST SCHEDULE. 
 
 STANDARDS OF PROFICIENCY IN READING, WRITING, 
 AND ELEMENTARY ARITHMETIC AND PREVIOUS DUE 
 ATTENDANCE AT SCHOOL. 
 
 For the Ptirpose of Employment}- 
 
 (i.) The standard of proficiency in reading, writing, 
 and elementary arithmetic for the purpose of a certificate 
 under this Act enabling a child to be employed shall 
 be 
 
 (a.) The standard of reading, writing, and elementary 
 arithmetic fixed by standard four of the Code of 
 1876, or any higher standard. 
 
 Standard four of the Code of 1876, so far as regards reading, writing, 
 and arithmetic, is as follows : Reading : to read a passage from a 
 reading book or History of England. Writing : eight lines of poetry 
 or prose slowly read once and then dictated. Copy books to be shown. 
 Arithmetic : compound rules (money) and reduction of common weights 
 and measures. 
 
 As to the arrangements for the examinations for certificates of pro- 
 ficiency and the conditions on which these certificates will be granted, 
 see regulations of Board of Education, dated 2ist of March, 1901, 
 , P- 549- 
 
 (2.) The standard of previous due attendance at a 
 certified efficient school for the purpose of a certificate 
 under this Act enabling a child to be employed shall be 
 \two hundred and fifty attendances^ after five years of age 
 in not more than two schools during each year for five 
 years, whether consecutive or not. 
 
 Three hundred and fifty attendances are now by operation of sec. 7 
 of the 63 & 64 Viet., c. 53, post, substituted for two hundred and fifty 
 attendances in this enactment. See notes on that section. 
 
 1 As to the provisions with reference to standards of proficiency in 
 reading, writing, and arithmetic, and previous due attendance at 
 school, for the purpose of employment, see sec. 5 of this Act and notes 
 on that section, and sec. 9.
 
 356 ELEMENTARY EDUCATION ACT, 1876. 
 
 See also the Order of the Secretary of State which was made under 
 sec. 26 of the Factory and Workshop Act, 1878, as to the standards of 
 proficiency and previous due attendance prescribed for the purposes 
 of that Act. Appendix, p. 503. 
 
 As to definition of " attendance," see Rule n in this schedule. 
 
 For definition of "certified efficient school," see sees. 16 and 48. 
 
 With respect to the arrangements for obtaining certificates of school 
 attendance, see regulations of Board of Education, dated 2ist of March, 
 1901, p. 550. These regulations also provide for the granting of 
 " labour certificates " in the cases of children who are qualified for 
 employment. 
 
 When the bye-laws only apply to children of an age less than 
 fourteen years the standards prescribed by the schedule for the 
 purposes of employment apply to children betwee'n the maximum age 
 specified in the bye-law and the age of fourteen years. 
 
 (7.) The Education Department may from time to time 
 by order make, and when made revoke and vary, such 
 regulations and conditions in relation to the payment of 
 fees under this Act by that Department as they may think 
 expedient, (i) 
 
 (8.) The order shall provide that not more than ten per 
 cent, of the children presented for examination in a public 
 elementary school shall obtain in the same year certificates 
 entitling them to the payment of fees, and that if the 
 children qualified to obtain such certificates exceed the said 
 percentage, those children who have attended the greatest 
 number of times shall have the preference, (i) 
 
 (9.) The order may make the continuance of the pay- 
 ment dependent upon the fulfilment of conditions, and 
 shall provide that the continuance of the payment shall 
 be conditional upon the child attending the school for not 
 less than three hundred and fifty attendances in each year, 
 and obtaining at the end of each year a certificate of 
 proficiency in reading, writing, and elementary arithmetic 
 according to a standard higher than the standard according 
 to which it obtained the previous certificate, (i) 
 
 (10.) The order shall further provide that the school, by 
 previous due attendance at which the child was qualified 
 for obtaining the payment of fees, and the school, the fees 
 at which are paid by the Education Department, shall be 
 a school or department of a school, at which the ordinary 
 payment in respect of the instruction of each scholar does 
 not exceed sixpence a week, (i) 
 
 (i) These provisions refer to the conditions on which contributions 
 might be made under sec. 18 of this Act for payment of fees of children 
 who obtained certain certificates. That section referred to the cases 
 in which the certificates therein provided for were obtained " during 
 the first five years after the commencement of this Act " (i.e. during
 
 39 & 40 VFCT., c. 79, sen. i. 357 
 
 the five years ended on the ist of January, 1882), "or any further 
 period which Her Majesty may from time to time fix by Order in 
 Council." The period of five years after the commencement of the 
 Act was not extended by an Order in Council, and the section was 
 repealed by sec. 11 of the 54 & 55 Viet., c. 56. The provisions are 
 therefore inoperative. 
 
 Miscellaneous, 
 
 (i i.) Attendance for the purpose of this schedule means 
 an attendance as defined by the Code of 1876, and where 
 the attendance is at a certified day industrial school 
 includes such attendance as may be from time to time 
 directed for the purpose by a Secretary of State, and 
 where the attendance is at a workhouse school includes 
 such attendance as may be from time to time directed for 
 the purpose by the Local Government Board. 
 
 See provisions of Code of 1902, p. 634, as to "attendances." 
 For direction of the Secretary of State as to what shall be deemed 
 an attendance at a certified day industrial school, see p. 632. 
 
 The Local Government Board issued an order dated the 27th 
 of October, 1877, directing what shall be deemed "an attendance :) 
 for the purpose of this schedule in the case of a child in a workhouse 
 school. The Board have also issued an order prescribing a form of 
 Attendance Register for workhouse schools. These orders will be 
 found in the Appendix, pp. 592, 594. 
 
 (12.) The Code of 1876 in this schedule means the 
 Code of the Minutes of the Education Department made 
 in the year one thousand eight hundred and seventy-six 
 with respect to the parliamentary grant to public ele- 
 mentary schools in England, and in the case of a school 
 in Scotland means the Code of the Minutes of the Scotch 
 Education Department made in the year one thousand 
 eight hundred and seventy-six with 'respect to the parlia- 
 mentary grant to elementary schools.
 
 ( 358 ) 
 
 ELEMENTARY EDUCATION (INDUSTRIAL 
 SCHOOLS) ACT, 1879. 
 
 (42 & 43 VICT., c. 48.) 
 
 AN ACT TO AMEND THE LAW RESPECTING THE POWERS 
 OF SCHOOL BOARDS IN RELATION TO INDUSTRIAL 
 SCHOOLS. 
 
 \\\th Atigust, 1879.] 
 
 WHEREAS under the Elementary Education Acts, 1870 
 and 1873, and the Elementary Education Act, 1876, a 
 school board have power, with the consent of one of Her 
 Majesty's principal Secretaries of State, to establish, build, 
 and maintain industrial schools, and to spread the payment 
 of the expense of such establishment and building over a 
 number of years not exceeding fifty, and to borrow money 
 for that purpose : 
 
 And whereas a school board under the said Acts, have 
 the same power as is given to a prison authority by section 
 12 of the Industrial Schools Act, 1866, to contribute 
 money towards the alteration, enlargement, or rebuilding 
 of an industrial school, or towards the establishment or 
 building of an industrial school, or towards the purchase 
 of land required for the use or for the site of an industrial 
 school : 
 
 And whereas under the Reformatory and Industrial 
 Schools Act Amendment Act, 1872, section 12 of the 
 Industrial Schools Act, 1866, is extended to authorize the 
 prison authority themselves to undertake anything towards 
 which they are authorized by that section to contribute : 
 
 And whereas doubts have arisen whether a school board 
 have power to undertake themselves anything towards 
 which they are authorized as above mentioned to contribute, 
 or have power to spread the payment of the amount of any 
 such contribution, or of the cost of any such undertaking, 
 over a number of years, and to borrow money for that; 
 purpose, and it is expedient to remove such doubts :
 
 42 & 43 VI CT., c. 48, SEC. 2. 359 
 
 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 : 
 
 In connection with the provisions of this Act, it is to be borne in 
 mind that from the " appointed day" as defined by sec. 270/2 Edw. 7, 
 ^.42, except in the case of the Metropolis, references in this Act to 
 school boards are to be construed as references to Local Education 
 Authorities, and school boards and school attendance committees are 
 abolished. A Local Education Authority may delegate to the edu- 
 cation committee, with or without any restrictions or conditions as 
 they think fit, any of their powers, except the power of raising a rate 
 or borrowing money. 
 
 As regards the first recital, see sec. 15 of 39 & 40 Viet., c. 79, ante, 
 as amended. 
 
 Short Title. 
 
 I. This Act maybe cited as the Elementary Education 
 (Industrial Schools) Act, 1879. . . . 
 
 Extension to School Board. 
 
 2. A school board shall have power themselves to under- 
 take anything towards which they are authorized by the 
 Industrial Schools Act, 1866, as applied by the Elementary 
 Education Acts, 1870 and 1873, and the Elementary 
 Education Act, 1876, or any of them, to contribute, subject 
 nevertheless to the like consent as is required in the case 
 of any such contribution. 
 
 Under the Elementary Education Act, 1870 (33 & 34 Viet., c. 75, 
 sec. 27, ante), a Local Education Authority have the same power of 
 contributing money in the case of an industrial school as is given to a 
 prison authority by sec. 12 of the Industrial Schools Act, 1866. 
 
 The Industrial Schools Act, 1866, by sec. 12, provides as follows: 
 
 In England a prison authority may from time to time contribiite 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 build- 
 ing of a school intended to be a certified industrial school ; or towards 
 the purchase of land required either for the use of an existing certified 
 industrial school, or for the site of a school intended to be a certified 
 industrial school : Provided 
 
 " First. That not less than two months' previous notice of the inten- 
 tion of the prison authority to take into consideration the making ot
 
 360 ELEMENTARY EDUCATION (INDUSTRIAL SCHOOLS) 
 
 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, enlargement, 
 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." 
 
 As regards the first proviso in the section above quoted, the 
 Elementary Education Act, 1873(36 &37 Viet., c. 86), sec. 14, provides 
 that where a school board exercise the power of a prison authority, not 
 less than fourteen days', instead of not less than two months', previous 
 notice shall be given of the intention of the school board to take into 
 consideration the making of the contribution. Sec. 9 of the Youthful 
 Offenders Act, 1901, further provides that where a local authority 
 acting in pursuance of the Elementary Education Acts, 1870 to 1900, 
 agree to contribute a weekly payment towards the maintenance of any 
 child in any industrial school, the requirements of the first proviso to 
 sec. 12 of the Industrial Schools Act, 1866, and of sec. 14 of the 
 Elementary Education Act, 1873 (relating to previous notice of inten- 
 tion to contribute), shall not apply to such contribution. 
 
 The effect of the section is that, subject to the foregoing pro- 
 visions, a Local Education Authority may themselves undertake 
 anything towards which they are authorized to contribute by the 
 Industrial Schools Acts, as applied to them by the Elementary Edu- 
 cation Acts. 
 
 The powers conferred on a Local Education Authority by this 
 section apply to a certified day industrial school as well as to a 
 certified industrial school. (See sec. 3 of this Act.) See also sec. 16 
 (i) of the Elementary Education Act, 1876 (39 & 40 Viet., c. 79), as to 
 the powers of a Local Education Authority in relation to a certified 
 day industrial school. 
 
 As to certified truant industrial schools, see note to sec. 14 of the 
 39 & 40 Viet., c. 79, ante. 
 
 With respect to the powers of a Local Education Authority to 
 establish, build, and maintain certified industrial schools and certified 
 day industrial schools, see the Elementary Education Act, 1870 (33 & 
 34 Viet., c. 75), sec. 28, and the Elementary Education Act, 1876 
 (39 & 40 Viet., c. 79), sec. 1 5, ante. 
 
 See also sec. 4 of the 63 & 64 Viet., c. 53, with reference to the pay- 
 ment in the case of a child committed to a certified industrial school 
 of the expenses of and incidental to the conveyance of the child to 
 and from the school, and the sending of the child out on licence or 
 bringing back the child on the expiration or revocation of a licence ; 
 and also to the contributing to the ultimate disposal of a child who 
 has been sent to an industrial school.
 
 ACT, 18/9. 42 & 43 VICT., C. 48, SEC. 4. 361 
 
 Power of School Board to borrow for Contribution towards, 
 or lender taking Cost of enlarging, &c., an Industrial 
 School. 
 
 3. Where a school board resolve to contribute any sum 
 of money towards, or to undertake the cost of the alteration, 
 enlargement, or rebuilding, but not of the furnishing, of 
 an industrial school, or the establishment or building, but 
 not of the furnishing, of a school intended to be an indus- 
 trial school, or the purchase of land required either for the 
 use of an existing industrial school, or for the site of a 
 school intended to be an industrial school, such school 
 board, with the consent of one of Her Majesty's principal 
 Secretaries of State, shall have the same power of spread- 
 ing the payment of the sums so contributed, or of the cost 
 of such undertaking, over a number of years, and of bor- 
 rowing money for that purpose, as they have in the case 
 where they resolve to establish an industrial school ; and 
 the provisions of the Elementary Education Acts, 1870 
 and 1873, and the Elementary Education Act, 1876, and 
 the Public Works Loans Act, 1875, shall apply accordingly. 
 
 For the purposes of this Act an industrial school means 
 a certified industrial school and a certified day industrial 
 school. 
 
 The powers of borrowing for the purpose of establishing, building, 
 and maintaining a certified industrial school are, except in the case 
 of the Metropolis, those set forth in sec. 15 of the Elementary Educa- 
 tion Act, 1876, ante, as amended by 2 Edw. 7, c. 42, Third Schedule 
 (8), and it would appear that the Local Education Authority are to 
 have the same powers of borrowing for the purposes referred to in 
 this section as they have under sec. 15 of the Act of 1876 for the 
 purposes mentioned in that section. The provisions as to borrowing 
 which were included in the Elementary Education Acts of 1870 and 
 1873, except with respect to London, are repealed. 
 
 For opinion of the Attorney-General on the question whether this 
 section had the effect of taking away the powers which a school 
 board previously had to borrow for the purpose of defraying the cost 
 of furnishing a certified industrial school belonging to them as 
 distinguished from an industrial school belonging to other persons, 
 towards the cost of which the school board contribute or part of the 
 cost of which they undertake to defray, see note to sec. 28 of the 33 & 
 34 Viet., c. 75, ante. 
 
 Power of Guardians to contribute to Maintenance of 
 Child in Industrial School. 
 
 4. Where a child is ordered upon complaint made by 
 a school attendance committee to be sent to a certified 
 
 2 B
 
 362 ELEMENTARY EDUCATION ACT, 18/9. 
 
 industrial school, the council, guardians, or sanitary 
 authority appointing such committee shall have, on the 
 recommendation of the committee, the same power of 
 contributing towards the maintenance of such child in 
 the said school as if they were a school board, and the 
 contribution by such guardians shall require the like 
 consent as is required under section 31 of the Elementary 
 Education Act, 1876, to any other expense incurred by a 
 school attendance committee. 
 
 The expenses of any such contribution shall be paid 
 in like manner as the expenses of the school attendance 
 committee, on whose recommendation the contribution is 
 made, are paid in pursuance of the Elementary Education 
 Act, 1876. 
 
 The Local Education Authority have the powers of a school 
 attendance committee, and under 2 Edw. 7, c. 42, ante, no such 
 committee will be appointed by the council of a borough, by guardians, 
 or by a sanitary authority. This provision, therefore, by reason of 
 the alteration of the law, will be inoperative.
 
 ( 363 ) 
 
 THE ELEMENTARY EDUCATION ACT, 1880. 
 (43 & 44 VlCT., c. 23.) 
 
 AN ACT TO MAKE FURTHER PROVISION AS TO BYE- 
 LAWS RESPECTING THE ATTENDANCE OF CHILDREN 
 AT SCHOOL UNDER THE ELEMENTARY EDUCATION 
 ACTS. 
 
 [26th August, 1880.] 
 
 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 : 
 
 Short Title and Construction. 
 
 1. This Act may be cited as the Elementary Education 
 Act, 1880, and shall be construed as one with the Ele- 
 mentary Education Act, 1876. . . . 
 
 See note to sec. 27 (4) of the 2 Edw. 7, c. 42, ante, as to the " Ele- 
 mentary Education Acts, 1870 to 1900." 
 
 Obligation to make Bye-laws as to the Attendance of 
 Children at School. 
 
 2. It shall be the duty of the local authority (within the 
 meaning of the Elementary Education Act, 1876) of every 
 school district in which bye-laws respecting the attendance 
 of children at school under section 74 of the Elementary 
 Education Act, 1870, are not at the passing of this Act in 
 force, forthwith to make bye-laws under that section for 
 such district. 
 
 If at any time ... it appears to the Education 
 Department that in any school district there are no 
 bye-laws under that section in force, the Education 
 Department may either proceed under [section 27 of the 
 Elementary Education Act, 1876 (which relates to a local 
 authority who fail to fulfil their duty under that Act),] or 
 may make bye-laws respecting the attendance of children
 
 364 ELEMENTARY EDUCATION ACT, l88o. 
 
 at school in that district, and the bye-laws so made shall 
 have effect and be enforced and be subject to revocation 
 and alteration as if they had been made by the local 
 authority for that district and sanctioned by the Education 
 Department in pursuance of section 74 of the Elementary 
 Education Act, 1870. . . '. 
 
 The Local Education Authority, from the "appointed day," as 
 defined by sec. 27 of the 2 Edw. 7, c. 42, ante, are the local authority 
 within the meaning of the Elementary Education Act, 1876, except in 
 the case of the Metropolis : see sec. 7 of that Act (39 & 40 Viet., c. 79), 
 ante. 
 
 The reference to a school district is to be construed from the 
 appointed day as a reference to the area for which the Local Educa- 
 tion Authority act. A Local Education Authority may delegate to the 
 Education Committee, without any restrictions or conditions, as they 
 think fit, any of their powers, except the power of raising a rate or 
 borrowing money. 
 
 Prior to the passing of this Act, it was optional with the school 
 board of a district whether or not they would make bye-laws respecting 
 the attendance of children at school. 
 
 With regard to bye-laws as to school attendance, see notes to sec. 
 74 of the 33 & 34 Viet., c. 75, ante. 
 
 Sec. 27 of the Elementary Education Act, 1876, which is referred to 
 in this section, is repealed by 2 Edw. 7, c. 42, ante, which provides, by 
 the Third Schedule (9), to the effect that a reference to the provisions 
 of that Act relating to the enforcement of the performance of the 
 Local Education Authority's duties by mandamus shall, except as 
 regards the Metropolis, be substituted in sec. 2 of the present Act for 
 the reference to sec. 27 of the Act of 1876. The provisions of the Act 
 of 2 Edw. 7, c. 42, so substituted are those of sec. 16 of the Act. 
 
 Enforcing of Bye-laws. 
 
 4. Every person who takes into his employment a child 
 of the age of [ten] and under the age of [thirteen] years 
 resident in a school district, before that child has obtained 
 a certificate of having reached the standard of education 
 fixed by a bye-law in force in the district for the total 
 or partial exemption of children of the like age from the 
 obligation to attend school, shall be deemed to take such 
 child into his employment in contravention of the Ele- 
 mentary Education Act, 1876, and shall be liable to a 
 penalty accordingly. 
 
 Proceedings may, in the discretion of the local authority, 
 or person instituting the same, be taken for punishing the 
 contravention of a bye-law, notwithstanding that the act or 
 neglect or default alleged as such contravention constitutes 
 habitual neglect to provide efficient elementary education
 
 43 & 44 VICT., c. 23, SEC. 5. 365 
 
 for a child within the meaning of section 1 1 of the Ele- 
 mentary Education Act, 1876: . . . 
 
 With regard to the terms "local authority" and "school district," 
 see note to sec. 2. 
 
 The maximum limit of age referred to in this section, viz. thirteen 
 years, is altered by sec. 6 (i) of the 63 & 64 Viet., c. 53, which 
 provides that in sec. 4 of the Elementary Education Act, 1880, fourteen 
 years shall be substituted for thirteen years. This alteration was made 
 in consequence of the 63 & 64 Viet., c. 53, authorizing the making of 
 bye-laws as to the school attendance of children up to the age of fourteen 
 years instead of thirteen years, as was previously the case. 
 
 The age at which a child may, in pursuance of a bye-law, obtain 
 total or partial exemption from the obligation to attend school on 
 obtaining a certificate as to the standard of examination which he has 
 reached was, by sec. I of the 56 & 57 Viet., c. 51, raised to eleven years, 
 and every such bye-law so far as it provided for such exemption was to 
 be construed and have effect as if a reference to eleven years of age 
 were substituted therein for a reference to a lower age. The 62 & 63 
 Viet., c. 13, post, raises the age from eleven to twelve years. This is, 
 however, subject to certain exceptions which are set forth in that Act. 
 
 As to the provisions of bye-laws as to school attendance, see sec. 74 
 of the 33 & 34 Viet., c. 75, ante. 
 
 When the bye-laws only apply to children under thirteen years of 
 age or of a less age the provisions of the Elementary Education Act, 
 1876 (39 & 40 Viet., c. 79), ante, as to employment and school attend- 
 ance will apply to children between the maximum age specified in the 
 bye-laws and fourteen years of age. 
 
 See also sec. 2 of the 56 & 57 Viet., c. 51, post, which provides that 
 if any person takes a child into his employment in such manner as to 
 prevent the child attending school in accordance with the bye-laws 
 for the time being in force in the district in which the child resides, 
 he shall be deemed to take the child into his employment in contra- 
 vention of the Elementary Education Act, 1876, and shall be liable to 
 a penalty accordingly. 
 
 As to the penalty for employing a child in contravention of the 
 Elementary Education Act, 1876, see sec. 6 of that Act, ante. 
 
 The provision that proceedings may be taken for punishing the 
 contravention of a bye-law, notwithstanding that the act, or neglect, 
 or default alleged as such contravention constitutes habitual neglect to 
 provide efficient elementary education for a child, was introduced to 
 meet the difficulty which was caused by the decision in the case of the 
 London School Board v. Bridge, which is referred to in the notes to 
 sec. 1 1 of the 39 & 40 Viet., c. 79, ante. 
 
 Amendment of 39 & 40 Viet., c. 79, sec. 40, as to Education 
 being Condition of Relief to Parents of Children. 
 
 5. Notwithstanding anything contained in section 40 of 
 the Elementary Education Act, 1876, a child shall not, 
 as a condition of the continuance of relief out of the work- 
 house being continued to him or his parent, be required 
 to attend school further or otherwise than he is required
 
 366 ELEMENTARY EDUCATION ACT, l88o. 
 
 to attend by a bye-law in force under section 74 of 
 the Elementary Education Act, 1870, as amended by the 
 Elementary Education Act, 1876, and this Act, in the 
 school district in which he is resident : Provided that this 
 section shall not apply where there is no such bye-law in 
 force in the school district 
 
 The effect of sec. 40 of the Elementary Education Act, 1876 (39 & 40 
 Viet., c. 79), was that, in order to justify the guardians in giving out- 
 door relief by way of weekly or other continuing allowance to the 
 parent of any child over five and under fourteen years of age, or to 
 any such child, for whom elementary education in reading, writing, 
 and arithmetic was not provided, it was necessary that such child 
 should have reached the third standard of the Code of 1876, that there 
 should be no prohibition under the Elementary Education Act of 1876 
 against his being taken into full-time employment, and that he should 
 not be required by any bye-law under the Education Act, 1870, to 
 attend school. 
 
 By this section, in any district in which bye-laws are in force, sec. 40 
 of the Act of 1876 will be inoperative in any case where the child is 
 not required by the bye-laws to attend school. In other cases where 
 there are bye-laws, the granting of the out-relief will not be conditional 
 on the child attending school otherwise than he is required to attend 
 by the bye-laws. If for instance a child is under the bye-laws partially 
 exempt from school attendance, the relief will not be conditional on 
 his attending school full time. The bye-laws provide for certain 
 " reasonable excuses " for non-attendance at school, and the fact that 
 these reasonable excuses can now be recognized by the guardians will 
 render the operation of sec. 40 less stringent than was previously the 
 case. 
 
 As to the term " school district," see note to sec. 2. 
 
 See also notes on sec. 40 of the Elementary Education Act, 1876, 
 ante.
 
 ( 367 ) 
 
 THE SCHOOL BOARDS ACT, 1885. 
 (48 & 49 VICT., c. 38.) 
 
 AN ACT TO AMEND THE LAW RELATING TO SCHOOL 
 BOARDS SO FAR AS AFFECTED BY THE INCOR- 
 PORATION OF A MUNICIPAL BOROUGH. . . . 
 
 [list July, 1885.] 
 
 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 : 
 
 Provision as to School Boards affected by Incorporation 
 of Municipal Borough. 
 
 i . Whereas by sub-section one of section two hundred 
 and thirteen of the Municipal Corporations Act, 1882, it is 
 enacted as follows : 
 
 " Where a petition for a charter is referred to the Com- 
 mittee of Council, and it is proposed by the charter to 
 extend the Municipal Corporations Act to the municipal 
 borough to be created by the charter, the Committee of 
 Council may settle a scheme for the adjustment of the 
 powers, rights, privileges, franchises, duties, property, and 
 liabilities of any then existing local authority whose district 
 comprises the whole or part of the area of that borough, 
 either with or without any adjoining or other place, and 
 also of any officer of that authority : " 
 
 And whereas sub-section six of the same section two 
 hundred and thirteen provides that a local authority for 
 the purposes of the above enactment shall mean the 
 authorities therein mentioned, " and any other authority 
 not in this section excepted and not being a school board, 
 and having powers of local government and of rating for 
 public purposes : " 
 
 And whereas difficulties have arisen respecting the effect 
 of the creation by a charter of a municipal borough, where 
 the whole or part of the area of such borough is comprised
 
 368 THE SCHOOL BOARDS ACT, 1885. 
 
 in the district of a school board (i), and it is expedient to 
 authorize the removal of such difficulties by a scheme 
 under the said Act : 
 
 Be it therefore enacted as follows : 
 (i.) The words "and not being a school board" in sub- 
 section six of section two hundred and thirteen of the 
 Municipal Corporations Act, 1882, are hereby repealed ; 
 A scheme under that section if affecting a school board 
 (#) shall before being settled by the Committee of 
 Council be referred to the consideration of the 
 Education Department ; and 
 
 (b) shall not place the new borough under more than 
 one school board ; and 
 
 (c) may provide for the continuance of any bye-laws 
 in force at the date of the scheme. (2) 
 
 (2.) Where within seven years before the passing of this 
 Act a charter has extended the Municipal Corporations 
 Act, 1882, or the Acts thereby consolidated, to the municipal 
 borough created by the charter, any scheme relating to a 
 school board which might have been made under the said 
 Acts if this Act had passed at the date of the said charter 
 may be made after the passing of this Act, and part eleven 
 of the Municipal Corporations Act, 1882, shall apply 
 accordingly : Provided that 
 
 (a) such scheme may be made on the petition either 
 of the council of the said borough or of the persons 
 who composed the school board, or any of them ; 
 and 
 
 (b} the council of the borough may petition against 
 such scheme in accordance with sub-section four 
 of section two hundred and thirteen of the 
 Municipal Corporations Act, 1882 ; and 
 (c] any such scheme may validate any acts done by 
 the Education Department or the school board 
 or the council of the borough or any justice since 
 the date of the charter. 
 
 (3.) This section shall be in addition to and not in 
 derogation of any powers in relation to school boards for 
 the time being vested in the Committee of the Lords of 
 the Privy Council on Education (who are in this section 
 referred to as the Education Department). 
 
 (i) The references to school boards and school districts in this Act 
 are from the "appointed day," except in the case of the Metropolis, to 
 be construed as references to Local Education Authorities and the 
 areas for which they act : see 2 Edw. 7, c. 42 Third Schedule.
 
 48 & 49 VICT., c. 38, SEC. i. 369 
 
 (2) Sec. 213 of the Municipal Corporations Act, 1882, empowers the 
 Committee of the Lords of His Majesty's Privy Council, where it is 
 proposed to grant a charter constituting a municipal borough, to settle 
 a scheme for the adjustment of the powers, rights, privileges, &c., of 
 any then existing local authority whose district comprises the whole 
 or part of the area of the borough. But in the definition of the term 
 "local authority" a school board was expressly excluded. This 
 occasioned considerable difficulty especially when the borough in- 
 cluded part only of a school district, and it was with the view of 
 meeting this difficulty that the powers as to a scheme under the Act 
 referred to were made applicable to school boards, subject to the 
 provisions of this section. 
 
 Sec. 213 of the Municipal Corporations Act, 1882, is as follows : 
 
 " I. Where a petition for a charter is referred to the Committee of 
 Council, and it is proposed by the charter to extend the Municipal 
 Corporation Acts to the municipal borough to be created by the 
 charter, the Committee of Council may settle a scheme for the adjust- 
 ment of the powers, rights, privileges, franchises, duties, property, 
 and liabilities of any then existing local authority whose district com- 
 prises the whole or part of the area of that borough, either with or 
 without any adjoining or other place, and also of any officer of that 
 authority. 
 
 " 2. The scheme, so far as it appears to the Committee of Council 
 to be necessary or proper for carrying into effect the said adjustment 
 as regards any local authority existing at the time of the making of the 
 scheme, may contain provisions for the continuance of that authority, 
 or for the abolition total or partial of that authority, or for the creation 
 of another authority or authorities, and the alteration of the district of 
 the existing local authority, and the union or other relation of the 
 existing local authority and the authority or authorities so created, 
 and for the continuance, modification, transfer, vesting, and extension 
 to the whole of the borough of all or any of the powers, rights, 
 privileges, franchises, duties, property, and liabilities of the existing 
 local authority, and may contain such provisions as appear to the 
 Committee of Council to be necessary or proper for fully carrying 
 into effect any such adjustment and provisions as aforesaid. 
 
 " 3. The scheme, when settled by the Committee of Council shall 
 be published in the London Gazette, and shall not be of any effect 
 unless confirmed as hereinafter mentioned. 
 
 "4. Where, within one month after the publication of the scheme 
 in the London Gazette, a petition against it by any local authority 
 affected thereby, or by not less than one-twentieth of the owners and 
 ratepayers of the borough (such twentieth to be one-twentieth in 
 number of the owners and ratepayers of the borough taken together, 
 or the owners and ratepayers in respect of one-twentieth of the 
 rateable property in the borough, and the owners and ratepayers in 
 all cases to include women not under coverture), has been received by 
 the Committee of Council, and is not withdrawn, the scheme shall 
 require the confirmation of Parliament, and the Committee of Council 
 may, if they think fit, submit it to Parliament for confirmation ; but 
 otherwise, at any time after the expiration of the said month, or after 
 the withdrawal of any petition that has been presented, the Committee 
 of Council may, if they think fit, submit the scheme for confirmation, 
 either to Parliament or to Her Majesty in Council, and in the latter
 
 3/0 THE SCHOOL BOARDS ACT, 1885. 
 
 case it shall be lawful for Her Majesty to confirm the scheme by 
 Order in Council. 
 
 " 5. A scheme, when confirmed by Parliament or by Order in 
 Council, shall have full operation, with, in the former case, such 
 modifications, if any, as are made therein by Parliament, as if the 
 scheme were part of this Act. . . . 
 
 " 7. The district of a local authority for the purposes of this section 
 means the area within which such authority can exercise any powers 
 or rights." 
 
 Sec. 214 of the Municipal Corporations Act provides that 
 " The regulations contained in the seventh schedule with respect to 
 the scheme shall be observed : " and that 
 
 " If the Committee of Council are satisfied that a local authority 
 or other petitioners have properly promoted or properly opposed a 
 scheme before them, and that for special reasons it is right that the 
 reasonable costs incurred by the authority or other petitioners in such 
 promotion or opposition should be paid as expenses properly incurred 
 by the local authority in the execution of their duties, the Committee 
 of Council may order those costs to be so paid, and they shall be paid 
 accordingly." 
 
 The provisions in the seventh schedule of the Municipal Corpora- 
 tions Act, 1882, as to the "procedure for scheme on grant of new 
 charter," are as follows : 
 
 1. The Committee of Council may, if they think fit, require the draft 
 of a proposed scheme to be submitted to them, either together with 
 the petition for a charter, or at any subsequent period. 
 
 2. The. draft of a proposed scheme shall be published by advertise- 
 ment, or placards, or handbills, or othenvise, as the Committee of 
 Council think best calculated for giving notice thereof to all persons 
 interested. 
 
 3. Before settling the scheme the Committee of Council shall con- 
 sider any objections which may be made thereto by any local authority 
 or persons affected thereby. 
 
 4. The scheme, when settled, shall, besides being published in the 
 London Gazette, be published by advertisement, or placards, or hand- 
 bills, or otherwise, as the Committee of Council think best calculated 
 for giving notice thereof to all persons interested. 
 
 5. Where a scheme is submitted to Parliament for confirmation the 
 Committee of Council may introduce a bill for the confirmation of the 
 scheme, which bill shall be a public bill. 
 
 6. Before such bill is introduced into Parliament, the Committee of 
 Council may alter the scheme in such manner as they think proper. 
 
 7. If while the bill confirming a scheme is pending in either House 
 of Parliament a petition is presented against the scheme, the bill, so 
 far as it relates to such scheme, may be referred to a select committee, 
 and the petitioner shall be allowed to appear and oppose as in the 
 case of a private bill. 
 
 8. A scheme shall come into operation at the date of its confirmation 
 or any later date mentioned in the scheme. 
 
 9. The confirmation of a scheme shall be conclusive evidence that 
 all the requirements of this Act with respect to proceedings required to 
 be taken previously to the making of the scheme have been complied 
 with, and that the scheme has been duly made, and is within the 
 powers of this Act.
 
 48 & 49 VICT., C. 38, SEC. 3. 371 
 
 SEC. 2. Division of Lambeth Division of London. 
 [This section, which applies only to London, is omitted.] 
 
 Short Title and Construction. 
 
 3. This Act may be cited as the School Boards Act, 
 1885. 
 
 This Act, so far as relates to school boards on the 
 incorporation of a municipal borough, shall be construed 
 as one with the Municipal Corporations Act, 1882, and 
 together with that Act may be cited as the Municipal 
 Corporations Acts, 1882 and 1885. 
 
 This Act, so far as regards the divisions of the metro- 
 polis, shall be construed as one with the Elementary 
 Education Acts, 1870 and 1873, and may be cited 
 together with those Acts as the Elementary Education 
 Acts, 1870 to 1885. 
 
 See note to sec. 27 (4) of the 2 Edw. 7, c. 42, ante, as to the " Ele- 
 mentary Education Acts, 1870 to 1900."
 
 ( 372 ) 
 
 EDUCATION CODE (1890) ACT, 1890. 
 (53 & 54 VICT., c. 22.) 
 
 AN ACT FOR THE PURPOSE OF MAKING OPERATIVE 
 CERTAIN ARTICLES IN THE EDUCATION CODE, 1890. 
 
 [2$th July, 1890.] 
 
 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 : 
 
 Provisions as to Special Grants to Schools. 
 
 2. (i.) Where the population of the school district in 
 which a public elementary school is situate, or the popula- 
 tion within two miles measured according to the nearest 
 road from the school, is less than five hundred, and there 
 is no other public elementary school recognized by the 
 Education Department as available for the children of that 
 district or that population (as the case may be), a special 
 parliamentary grant may be made annually to that school 
 to the amount often pounds, (i) 
 
 (2.) The said special grant shall be in addition to the 
 ordinary annual parliamentary grant, and in addition to 
 any special parliamentary grant made under section nine- 
 teen of the Elementary Education Act, 1876, and shall 
 not be included in the calculation of the ordinary annual 
 parliamentary grant for the purpose of determining whether 
 it does or does not exceed any maximum fixed by law. (2) 
 
 (3.) Provided that no school shall be entitled to receive 
 a special grant under this section unless it satisfies the 
 conditions contained in the minutes of the Education 
 Department in force for the time being with regard to 
 special grants under this section. (3) 
 
 (i) The reference to "school district" in this section is to be 
 construed as a reference to a parish in the case of an area for which 
 the council of a county are the Local Education Authority, and in 
 other cases to the area for which the Local Education Authority act 
 (2 Edw. 7, c. 42, Third Schedule (T).
 
 53 & 54 VICT., c. 22, SEC. 3. 373 
 
 (2) As to provisions of sec. 19 of Education Act, 1876,866 p. 337. 
 The grant payable under this section is in addition to the special 
 
 grant payable under the section referred to in the Act of 1876. 
 
 (3) The Day School Code of the Board of Education, 1902, by Art. 105, 
 after referring to this section, provides as follows : " No grant will 
 be made under this Article, unless the Board are satisfied that the fees 
 charged, if any, are suitable to the population ; that the school has 
 been provided with an efficient and sufficient staff and is well taught ; 
 and that the grant is necessary for its maintenance. For the purposes 
 of this Article, the Board consider the principal teacher (Art. 82) to 
 be sufficient for an average attendance of 40 scholars, an additional 
 certificated teacher for an average attendance of 40, an assistant 
 teacher for an average attendance of 30, a pupil teacher, or additional 
 teacher (Art. 68), or provisional assistant teacher, for an average 
 attendance of 20, and a probationer for an average attendance of 10. 
 The grant under this Article will, as a rule, be reduced by one-twelfth 
 for every month during which the staff has not satisfied the above 
 requirements, subject to the provisions of Arts. 74 and 82 (c) as to 
 vacancies in the course of a school year." The grant is not calculated 
 on the average attendance. 
 
 Short Titles. 
 
 3. (i.) This Act may be cited as the Education Code 
 (1890) Act, 1890. 
 
 (2.) The Elementary Education Acts, 1870 to 1876, and 
 the Elementary Education Act, 1880, and this Act may be 
 cited collectively as the Elementary Education Acts, 1870 
 to 1890. 
 
 See note to sec. 27 (4) of 2 Edw. 7, c. 42, ante, as to the " Elementary 
 Education Acts, 187010 1900."
 
 ( 374 ) 
 
 THE ELEMENTARY EDUCATION ACT, 1891. 
 (54 & 55 VICT., c. 56.) 
 
 AN ACT TO MAKE FURTHER PROVISION FOR ASSISTING 
 EDUCATION IN PUBLIC ELEMENTARY SCHOOLS IN 
 ENGLAND AND WALES. 
 
 \$th August, 1891.] 
 
 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 : 
 
 The following sections of this Act are the provisions which apply to 
 England and Wales, with tJie exception of the Metropolis, from the 
 " appointed day" wider sec. 27 of 2 Edw. 7, c. 42. 
 
 Fee Grant and Conditions thereof. 
 
 i. (i.) After the commencement of this Act, there shall 
 be paid, out of moneys provided by Parliament, and at 
 such times and in such manner as may be determined by 
 regulations of the Education Department, a grant (in this 
 Act called a fee grant) in aid of the cost of elementary 
 education in England and Wales at the rate of ten shillings 
 a year for each child of the number of children over three 
 and under fifteen years of age in average attendance at 
 any public elementary school in England and Wales (not 
 being an evening school) the managers of which are willing 
 to receive the same, and in which the Education Depart- 
 ment are satisfied that the regulations as to fees are in 
 accordance with the conditions in this Act. (i) 
 
 (2.) If in any case there is a failure to comply with any 
 of the conditions in this Act, and the Education Depart- 
 ,/ment are satisfied that there was a reasonable excuse for 
 the failure, the Department may pay the fee grant, but in 
 that case shall, if the amount received from fees has 
 exceeded the amount allowed by this Act, make a de- 
 duction from the fee grant equal to that excess. (2)
 
 54 & 55 VICT., c. 56, SEC. i. 375 
 
 (3.) For the purposes of section nineteen of the Elemen- 
 tary Education Act, 1876, the fee grant paid or payable to 
 a school shall be reckoned as school pence to be met by the 
 grant payable by the Education Department. (3) 
 
 (i) The "commencement of this Act" was the 1st of September 
 1891, the date on which the Act came into operation : see sec. 12. 
 
 It was from that date that the fee grant became payable, where the 
 managers of a public elementary school expressed their willingness 
 from that date to receive the grant, provided that the Education 
 Department were satisfied that the regulations made by the managers 
 as to fees were in accordance with the conditions of the Act. For 
 definition of the term "managers," see sec. 3 of 33 & 34 Viet. c. 75, 
 ante. The Act applied to a school board in the case of a school pro- 
 vided by the board, in like manner as to the managers of a voluntary 
 school. As to managers of schools not provided by a Local Education 
 Authority, see 2 Edw. 7, c. 42, sec. 6 (2). 
 
 It was entirely optional with the managers whether they would 
 satisfy the conditions necessary to entitle them to the fee grant. When 
 managers refused to receive the fee grant, it did not affect their right 
 to receive the ordinary annual grant, or any special grant which might 
 be payable. 
 
 The fee grant cannot be paid in respect of any other than a 
 public elementary school, and is not payable in the case of an 
 evening school. For definition of the term " public elementary 
 school," see sec. 7 of the Elementary Education Act, 1870 (33 & 34 
 Viet, c. 75), ante, and the notes on that section. Unless the con- 
 ditions which apply to the payment of the annual parliamentary 
 grant in respect of the school are fulfilled, no fee grant will be 
 payable. 
 
 With regard to the question whether the term " school " includes 
 not only a school, but any department of a school, the Education 
 Department stated that " the departments of a school may be treated 
 together as one for the purposes of the Act, or separately, as the 
 managers decide." The managers of a school may therefore accept 
 the fee grant in respect of all the departments of a school, or of only 
 one or more departments of the school. 
 
 The fee grant is a fixed grant at the rate of io.y. a year for each 
 child of the number of children over three and under fifteen years of 
 age in average attendance at the school. The expression " average 
 attendance" was defined by sec. 10 of the Act as meaning for the 
 purposes of the fee grant average attendance calculated in accordance 
 with the minutes of the Education Department in forceat the commence- 
 ment of the Act, but by sec. i of the Elementary Education Act, 1900, 
 post, it is provided that for the purpose of the fee grant average attend- 
 ance shall be calculated in accordance with the minutes of the Board 
 of Education in force for the time being in respect to public elemen- 
 tary schools. For provisions of the Day School Code, 1902, on this 
 subject, see Arts. 12, 13, and 14 (pp. 634, 635). 
 
 Where, before the passing of the 2 Edw. 7, c. 42, fees have been 
 charged in any public elementary school not provided by the Local 
 Education Authority, that authority are, while they allow fees to> con- 
 tinue to be charged in respect of that school, to pay such proportion 
 of those fees as may be agreed upon, or in default of agreement deter- 
 mined by the Board of Education, to the managers : see sec. 14 of that
 
 3/6 ELEMENTARY EDUCATION ACT, 1891. 
 
 Act. From this section it would appear that it rests with the Local 
 Education Authority to determine whether they will allow fees to 
 continue to be charged in the case of schools not provided by 
 them. 
 
 The times and manner in which the grant is to be paid are to be 
 determined by regulations of the Board of Education. By a minute 
 dated the 26th of August, 1891, the following regulations were ordered 
 to be observed : 
 
 "(i.) Fee grants in aid of public elementary schools in England 
 and Wales shall be calculated at one-twelfth of the rate 
 prescribed by sec. i, sub-sec, i, of the Act for each month 
 which shall have elapsed since the date, not being earlier 
 than the ist September, 1891, at which the school began to 
 satisfy the conditions of the Act. 
 " (2.) Fee grants shall be paid by 
 
 (a) quarterly instalments for each three months completed 
 
 during the school year for which the grant is payable ; 
 
 (b) a final payment with the annual grant payable to the 
 
 school. 
 
 " (3.) An instalment of fee grant shall not exceed three-twelfths of 
 the rate prescribed by sec. i, sub-sec, i, of the Act multiplied 
 by the number of children over three and under fifteen years 
 of age in average attendance, as defined by sec. 10 of the 
 Act, during the last preceding school year. 
 
 " Exceptions 
 
 (a) Until the first final payment of fee grant has been made, 
 the instalments of fee grant shall be calculated upon the 
 total average attendance during the last preceding school 
 year. 
 
 (b) If no school year has been completed before the ist 
 
 September, 1891, the instalments of fee grant, previous to 
 the first final payment, shall be calculated upon the 
 average attendance for such period as the Education 
 Department may determine in each case. 
 
 " (4.) A final payment of fee grant shall be the difference between 
 the total fee grant payable for the year (sec. i, sub-sees, i 
 and 2, and sec. 4, sub-sec. 3), and the total of the instalments 
 (if any) previously paid for that year. 
 " (5.) Instalments of fee grants shall be paid 
 
 (a) In the case of schools not provided by a school board, to 
 
 the correspondent ; 
 (b} In the case of schools provided by a school board, to the 
 
 treasurer. 
 
 " (6.) In the case of a school which does not satisfy the conditions 
 of the Act from the ist of September, 1891, but which at any 
 subsequent date satisfies such conditions, the instalments of 
 fee grant shall be payable from such last-mentioned date, 
 if the first day of any month, and if not the first day of any 
 month, then from the first day of the month next succeeding 
 that date." 
 
 The Education Department, in a circular letter issued in April, 
 1893, stated that the fee grant which had previously been paid by 
 order in favour of the correspondent of the school would be paid to 
 the London agent of the local bank at which the account of the school 
 fund was kept, and that where managers of schools had not opened an 
 account with a local bank, they should either do so or enter into an
 
 54 & 55 VICT., c. 56, SEC. 2. 377 
 
 arrangement with a local bank to receive the instalments of fee grant 
 as they became due. 
 
 See also the provisions in 2 Edw. 7, c. 42, Second Schedule (i i) and 
 (12), as to the Board of Education calculating any parliamentary grant 
 in respect of any month or other period less than a year where this is 
 required for the purpose of bringing the accounts of a school to a close 
 before the end of the financial year of the school, or for the purpose of 
 making any change consequent on the Act referred to, and paying at 
 such times and in such manner as they think fit any parliamentary grant 
 which has accrued before the "appointed day," and as to the payment 
 and application of any parliamentary grant payable to a school not 
 provided by a school board in respect of a period before the " appointed 
 day." 
 
 (2) There may by inadvertence be a failure on the part of the 
 managers of a school to comply with some of the provisions of sees. 
 2, 3, and 4 of the Act with regard to the charging of fees, &c. Any 
 such failure is not to deprite the managers altogether of the fee 
 grant, if the Board of Education are satisfied that there was a reason- 
 able excuse for the failure, but in any such case if the amount received 
 from fees has exceeded the amount allowed by the Act, it will be the 
 duty of the Board of Education to make a deduction of the amount 
 of such excess from the fee grant. 
 
 (3) Sec. 19 of the Elementary Education Act, 1876 (39 & 40 Viet., 
 c. 79), ante, provided that after the 3ist of March, 1877, the conditions 
 required to be fulfilled by an elementary school in order to obtain 
 the annual parliamentary grant should provide that such grant shall 
 not in any year be reduced by reason of its excess above the income 
 of the school if the grant do not exceed the amount of seventeen 
 shillings and sixpence per child in average attendance at the school 
 during that year, but shall not exceed that amount per child, except 
 by the same sum by which the income of the school, derived from 
 voluntary contributions, rates, school fees, endowments, and any 
 source whatever other than the parliamentary grant, exceeds the said 
 amount per child. 
 
 This provision is now repealed as regards day schools by the 
 Voluntary Schools Act, 1897 (60 Viet., c. 
 
 Limit of Fees in Schools receiving Fee Grant. 
 
 2. (i.) In any school receiving the fee grant (i) 
 
 (a.) Where the average rate of fees received during 
 the school year ended last before the first day of 
 January one thousand eight hundred and ninety- 
 one was not in excess of ten shillings a year for 
 each child of the number of children in average 
 attendance at the school ; or 
 
 (b.) For which an annual parliamentary grant has 
 not fallen due before the said first day of January ; 
 no fee shall, except as by this Act provided, be charged 
 for children over three and under fifteen years of age. (2) 
 
 2 c
 
 378 ELEMENTARY EDUCATION ACT, 1891. 
 
 (2.) In any school receiving the fee grant where the said 
 average rate was so in excess, the fees to be charged for 
 children over three and under fifteen years of age shall 
 not, except as by this Act provided, be such as to make 
 the average rate of fees for all such children exceed for 
 any school year the amount of the said excess. (3) 
 
 (1) This section, it will be observed, deals only with schools which 
 receive the fee grant. As regards the " schools " to which the section 
 applies, the departments of a school may be treated together as one 
 school for the purposes of the Act, or separately. See note on sub- 
 sec, i. 
 
 (2) The first sub-section specifies two classes of schools, (a.) and (<.), 
 in which, in the case of a school receiving the fee grant, no fees are to 
 be charged for children over three and under fifteen years of age. The 
 prohibition of the charging of fees in these cases is, however, subject 
 to the Board of Education authorizing the charge of fees in particular 
 schools under sec. 4 (i) of the Act. 
 
 With respect to (a.), the "school year" is defined by sec. 10 of the 
 Act as meaning " a year or other period for which an annual parlia- 
 mentary grant is for the time being paid or payable under the minutes 
 of the Education Department." Art. 20 of the Day School Code (1902) 
 provides that " the school year is the year or other period for which an 
 annual parliamentary grant is for the time being paid or payable under 
 this Code." 
 
 When the average rate of fees received during the school year ended 
 last before the 1st of January, 1891, was not in excess of the fee grant, 
 viz. los. a year for each child of the number of children in average 
 attendance at the school, the average attendance being calculated in 
 the manner prescribed by sec. 10 of the Act, no fee is to be charged 
 in respect of any child above three and under fifteen years of age 
 except as provided by sec. 4(1). 
 
 With respect to a school to which par. (b.} refers, viz. a school for 
 which an annual parliamentary grant had not fallen due before the ist 
 of January, 1891, that is to say, which had not by that date completed 
 its first school year, no fee can be charged unless expressly sanctioned 
 by the Board of Education under sec. 4(1). 
 
 Where no school fees are payable in a school under this sub-section 
 in respect of children between the ages of three and fifteen, admis- 
 sion is not to be refused to any child between those ages " on other 
 than reasonable grounds," as otherwise the conditions which it is 
 necessary should be complied with to entitle the school to the pay- 
 ment of either the fee grant or the annual parliamentary grant will 
 not be fulfilled. The Board of Education determine whether the 
 reasons for refusing admission of a child to a school are reasonable or 
 not. 
 
 The Education Department stated The managers of a school 
 in which no fee is payable would not be justified in charging a school 
 fee to the children of parents not resident in the district for which 
 the school is provided, nor would they hold that a refusal to admit 
 such children would be reasonable, so long as there was room for 
 them in the school without the limits prescribed by Art. 85 (a) of the 
 Code being exceeded. 
 
 As regards charges in respect of books or other purposes other than
 
 54 & 55 VICT., c. 56, SEC. 2. 379 
 
 fees for instruction, see sec. 3 of the Act. The Education Department 
 in 1891, with reference to this point, stated as follows : "Where the 
 average rate charged and received in respect of fees and books and for 
 other purposes, during the school year ended last before i st January, 
 1891, was in excess of ios., the acceptance of the fee grant will not 
 restrict the liberty of managers to charge a reasonable sum for books 
 and other school requisites in the future. But such charges must be 
 kept distinct from school fees, which are ' payments in respect of the 
 instruction' (sec. 3 of the Elementary Education Act of 1870). 
 Managers cannot charge a higher fee than the Act allows, on the plea 
 that they provide books or other school requisites gratis. Nor can 
 they add the receipts for books, &c., to the school fees, in ascertaining 
 the average rate of fees." 
 
 In a memorandum issued by the Department in May, 1893, it is 
 stated that "The managers of all schools, whether they are free 
 schools or not, are bound to provide a proper supply of books, slates, 
 and other school apparatus, and cannot compel a parent to provide 
 books either by periodical payment or by purchase, nor can they refuse 
 admission to a child whose parent refuses to provide them. But if a 
 parent prefers to buy school books outright, so that they may remain 
 the property of the child, there is nothing to prevent his buying them 
 from the managers, or the managers selling them to him, as a purely 
 voluntary arrangement and a matter of mutual convenience." 
 
 (3) The second sub-section refers to those cases where the average 
 rate of fees received during the school year ended last before the 1st 
 of January, 1891, was in excess of ios. a year for each child of the 
 number of children in average attendance at the school. 
 
 The Education Department held that for the purpose of fixing the 
 average rate of fees in the school year ended last before the ist of 
 January, 1891, they were not empowered to reckon fees remitted in the 
 school year. They also declined to take into account arrears of fees 
 due before but received after the end of the school year. 
 
 As to the definition of the term " school year," see note on previous 
 sub-section. 
 
 In the cases referred to, so long as the fee grant of ios. is received 
 for a school no fees are to be charged (unless the Board of Educa- 
 tion expressly sanction otherwise under sec. 4 (i) of the Act) for 
 children over three and under fifteen years of age which will make 
 the average rate of fees for all the children between the ages specified 
 exceed for any year the amount by which the average rate of fees 
 received during the school year ended last before the ist of January, 
 1891, exceeded 10^. a year for each child of the number of children in 
 average attendance at the school. For instance, if the average rate of 
 fees received in the school year referred to was 13^. a year for each 
 child of the number of children in average attendance at the school, 
 and the fee grant of ios. is received, there cannot be charged in 
 respect of children between the ages of three and fifteen more than 
 the average rate of 35. a year for all children between those ages. 
 
 It would appear that in the case mentioned the managers would not 
 be precluded from charging more than 3^. in the case of some children 
 and less than y. in the case of others, and indeed might admit some 
 children without payment of any fee, provided that the average rate of 
 fees for all the children between three and fifteen years of age did not 
 exceed the 3^,
 
 380 ELEMENTARY EDUCATION ACT, 1891. 
 
 With regard to charges for books and other school requisites, see 
 note on preceding sub-section. 
 
 Local Education Authorities are entitled, if they think fit, to admit 
 any children to a school provided by them without payment of any 
 school fee. Their powers in this matter are no longer limited to 
 remitting the fees of children whose parents from poverty are unable 
 to pay the fees. See sec. 8 of the Act. It is therefore entirely in their 
 discretion whether, in the case of children other than those of poor 
 parents, they will charge fees where under this sub-section they would 
 be empowered to do so. See also note (i) on sect, i as to the 
 Local Education Authority allowing fees to be charged in schools not 
 provided by them. 
 
 Prohibition of Charges in Certain Schools receiving 
 Fee Grant. 
 
 3. In any school receiving the fee grant, where the 
 average rate charged and received in respect of fees and 
 books, and for other purposes, during the school year 
 ended last before the first day of January one thousand 
 eight hundred and ninety-one, was not in excess of ten 
 shillings a year for each child of the number of children in 
 average attendance at the school, no charge of any kind 
 shall be made for any child over three and under fifteen 
 years of age. 
 
 Whilst sec. 2 prohibits the charging of fees for instruction in some 
 schools and limits the amount of the fees to be charged in others, this 
 section prohibits any charge of any kind, whether in respect of books 
 or other purposes, in the case of a school, or department of a school, 
 to which the section applies. 
 
 This section, as is the case with sec. 2, is only applicable to a school 
 receiving a fee grant, and its provisions are subject to the powers 
 which may be exercised by the Board of Education with regard to 
 authorizing the charge of a fee for children attending a particular 
 school under sec. 4 (i). 
 
 The effect of the section is this Where the average rate of fees 
 received during the school year ended last before the ist of January, 
 1891, was less than los. a year for each child of the number of children 
 in average attendance at the school, and it was the practice of the 
 managers to make a charge for books or other purposes, independently 
 of the fee for instruction, it was necessary for the managers to ascer- 
 tain whether, if the average rate charged and received in respect of 
 books or other purposes, irrespective of fees, during the same school 
 year, were added to the average rate of fees in that year, the sum of 
 i or. a year for each child of the number of children in average attend- 
 ance at the school would be exceeded. If this sum of los. was not 
 exceeded, the managers are precluded from making any charge of any 
 kind for any child over three and under fifteen years of age. In other 
 words, when the fee grant of los. exceeded the average rate charged
 
 54 & 55 VICT., c. 56, SEC. 4. 381 
 
 and received in the school year ended last before the 1st of January, 
 1891, in respect of fees and books and other purposes, the managers 
 are to accept the grant in lieu not only of the fees but also of the 
 charges in respect of books and other purposes. Of course the 
 position of the managers is the same when the sums charged as fees 
 included the charges for books, &c., and the fee grant of los. was not 
 exceeded. In those cases also any charge of any kind will be 
 prohibited. 
 
 As regards the term "school," see note (i) to sec. 2 ; and as to the 
 term "average attendance," see note (i) to sec. i. 
 
 As regards the average rate referred to in the section, it will be 
 observed that it is to be the average rate " charged and received " in 
 respect of fees, books, and other purposes. The sum must not only 
 be charged but must also be received. 
 
 Power to modify Limit of Fees in Certain Cases. 
 
 4. (i.) Notwithstanding anything hereinbefore con- 
 tained, the Education Department, if they are satisfied 
 that sufficient public school accommodation, without pay- 
 ment of fees, has been provided for a school district, and 
 that the charge of school fees or the increase of school fees 
 for children over three and under fifteen years of age in 
 any particular school receiving the fee grant is required 
 owing to a change of population in the district, or will be 
 for the educational benefit of the ^district, or any part of 
 the district, may from time to time approve such charge or 
 increase of fees in that school, provided that the ordinary 
 fee for such children shall not exceed sixpence a week, (i) 
 
 (2;) The Education Department shall report annually to 
 Parliament all cases in which they have sanctioned or 
 refused the imposition or augmentation of fees under this 
 section, with a statement of the amount of fee permitted. (2) 
 
 (3.) The Education Department may, if they think fit, 
 make it an express condition of such approval that the 
 amount received for any school year from the fees so 
 charged or increased, or a specified portion of that amount, 
 shall be taken in reduction of the fee grant which would 
 otherwise have been payable for that school year, and in 
 that case the fee grant shall be reduced accordingly. (3) 
 
 (i) By sees. 2 and 3 of the Act, the managers of a school, in respect 
 of which a fee grant is paid, are required either to admit scholars 
 between the ages of three and fifteen without payment of any fee, or 
 to charge reduced fees in the case of all such children, or of some of 
 them. This section empowers the Board of Education, under the 
 circumstances specified, notwithstanding those provisions, to authorize 
 the managers of any particular school in respect of which a fee grant 
 is allowed to charge a fee where otherwise no fee could be charged,
 
 382 ELEMENTARY EDUCATION ACT, 1 89 1. 
 
 or to charge a fee higher than that which they could otherwise require 
 to be paid. 
 
 The first condition which is imposed on the Board of Education in 
 the exercise of these powers is that they shall be satisfied that 
 sufficient public school accommodation, without payment of fees, has 
 been provided for the school district. It rests with the Board of 
 Education to determine on what evidence they will be satisfied that 
 such sufficient accommodation, without payment of fees, has been 
 provided, and it will be for the managers who propose that the Board 
 shall exercise the powers referred to to furnish such evidence as will 
 show that the case is one within the section. 
 
 As to the definition of the term " public school accommodation," 
 see sec. 5 of the 33 & 34 Viet., c. 75, ante. For definition of "public 
 elementary school," see sec. 7 of that Act and the notes thereon. 
 
 The sufficient public school accommodation, without payment of 
 fees, is to be provided for the "school district." The reference to a 
 school district is from the " appointed day," except in the case of the 
 Metropolis, to be construed as a reference to the area for which the 
 Local Education Authority act : see 2 Edw. 7, c. 42, Third Schedule 
 (i), ante. 
 
 The second condition necessary before the Board of Education give 
 their approval under this section is that they shall be satisfied that 
 the charge of school fees or the increase of school fees for children 
 over three and under fifteen years of age in the particular school is 
 required owing to a change of population in the district, or will be 
 for the educational benefit of the district, or any part of the district. 
 
 The third condition is that the ordinary fee which may be approved 
 by the Board of Education in these cases shall not exceed sixpence 
 a week. With regard to the term " ordinary fee," see note (7) on sec. 
 3 of 33 & 34 Viet., c. 75, ante. 
 
 With respect to the charging of fees for children in a workhouse 
 or other poor-law institution sent by the guardians to a public 
 elementary school, and for children boarded out by guardians and 
 attending a public elementary school, see note to sec. 2 of Elementary 
 Education Act, 1900, post. 
 
 As regards the reduction of the fee grant in cases where the charge 
 of a fee or an increase of the fee is approved by the Board of Education, 
 see sub-sec. 3. 
 
 The cases where the Department have exercised their powers under 
 the section, it will be seen from sub-sec. 2, are to be reported annually 
 to Parliament. 
 
 (2) The practice of the Board of Education has been to include 
 the report in their annual report to Parliament. 
 
 (3) Sub-sec. 3, it will be observed, enables the Board of Education, 
 when they approve of the charge or the increase of school fees for the 
 children in respect of whom the fee grant of \os. is paid, to make it an 
 express condition of their approval that either the whole amount 
 received for any school year from the fees so charged or increased, or 
 a specified portion of the amount so received, shall be taken in 
 reduction of the fee grant. The condition must be imposed at the 
 time the approval is given : it cannot be imposed afterwards, and 
 when a portion only of the amount received is to be taken in 
 reduction of the fee grant, that portion should be specified at the 
 same time.
 
 54 & 55 VICT., c. 56, SEC. 8. 383 
 
 It will be incumbent on the Board of Education to make reductions 
 in the fee grant in accordance with the conditions on which their 
 approval has been given. 
 
 Provision for Free School Accommodation. 
 
 It is provided by 2 Edw. 7, c. 42, Third Schedule (5) that the 
 following provision shall have effect (except in the case of the Metro- 
 polis) in lieu of sec. 5 of the Elementary Education Act, 1891 : 
 
 The duty of a Local Education Authority under the 
 Education Acts, 1870 to 1902, to provide a sufficient 
 amount of public school accommodation, shall include the 
 duty to provide a sufficient amount of public school 
 accommodation without payment of fees in every part 
 of their area. 
 
 As to public school accommodation, see sees. 5, 18 and 19 of 33 & 
 34 Viet., c. 75, and sec. i6of 2 Edw. 7, c. 42. 
 
 Explanation of 33 & 34 Viet., c. 75, sec. 17. 
 
 8. Nothing in section seventeen of the Elementary 
 Education Act, 1870, shall prevent a school board from 
 admitting scholars to any school provided by the board 
 without requiring any fee. 
 
 School boards, except in the case of the Metropolis, are abolished 
 from the "appointed day" as defined by sec. 27 of 2 Edw. 7, c. 42, 
 and their powers and duties devolve on the Local Education Authority. 
 
 The Elementary Education Act, 1870, by sec. 17, provides as 
 follows : " Every child attending a school provided by any school 
 board shall pay such weekly fee as may 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 ex- 
 ceeding six months, remit the whole or any part of such fee in the case 
 of any child when they 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 such parent." 
 
 The effect of the provision in this section is that the powers of a 
 Local Education Authority as regards the admission of children 
 without payment of a fee to a school provided by them are not limited 
 to cases where parents are unable from poverty to pay the school fee. 
 The Local Education Authority in some cases are under sec. 2 pre- 
 cluded from charging school fees, but when they are entitled if they 
 think fit to charge fees, they are under no obligation to do so, and 
 they can admit the children without payment of fees without any 
 reference to the means of the parent. 
 
 It also appears, from sec. 14 of 2 Edw. 7, c. 42, ante, that it rests 
 with the Local Education Authority to determine whether they will 
 allow fees to continue to be charged in the case of schools not provided 
 by them.
 
 384 ELEMENTARY EDUCATION ACT, 1 89 1. 
 
 Provision for Equality of Treatment. 
 
 9. Nothing in this Act shall give any preference or 
 advantage to any school on the ground that it is or is not 
 provided by a school board. 
 
 Meaning of "School Year" and "Average Attendance'' 
 
 10. In this Act the expression "school year" shall mean 
 a year or other period for which an annual parliamentary 
 grant is for the time being paid or payable under the 
 minutes of the Education Department. . . . 
 
 As regards the term "school year," see sees, i, 2, and 3. Art. 20 of 
 the Day School Code (1902) provides that the school year is the year 
 or other period for which an annual parliamentary grant is for the 
 time being paid or payable under this Code. 
 
 Repeal. 
 
 ii. The Acts mentioned in the schedule to this Act are 
 hereby repealed to the extent mentioned in the third 
 column of that schedule. 
 
 The enactments which by this section are repealed are : 
 
 (1) Sec. 26 of the Elementary Education Act, 1870 (33 & 34 Viet., 
 c. 75), ante, which authorized a school board to provide a school at 
 which no fees should be charged when the Education Department 
 were satisfied that this was expedient for the interests of education, on 
 the ground of the poverty of the inhabitants of any place in the school 
 district. 
 
 (2) Sec. 1 8 of the Elementary Education Act, 1876 (39 & 40 Viet., 
 c. 79), ante, which authorized the payment by the Education Depart- 
 ment of the school fees of children holding certain certificates of 
 proficiency and previous due attendance at a public elementary school. 
 This power was only conferred in respect of the first five years after 
 the commencement of that Act, and any further period fixed by an 
 Order in Council. The five years expired on the ist of January, 1882, 
 and as the period has not been extended by an Order in Council the 
 section was inoperative. 
 
 Commencement of Act. 
 
 1 2. This Act shall come into operation on the first day 
 of September one thousand eight hundred and ninety- 
 one.
 
 54 & 55 VICT., c. 56, sen. 
 
 385 
 
 Short Title and Construction. 
 
 13. (i.) This Act may be cited as the Elementary 
 Education Act, 1891, and shall be construed as one with 
 the Elementary Education Acts, 1870 to 1890. 
 
 (2.) The Elementary Education Acts, 1870 to 1890, and 
 this Act, may be cited collectively as the Elementary 
 Education Acts, 1870 to 1891. 
 
 See note to sec. 27 (4) of the 2 Edw. 7, c. 42, as to the " Elementary 
 Education Acts, 1870 to 1900.'.' 
 
 SCHEDULE. 
 
 Enactments Repealed. 
 
 Session and Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 33 & 34 Viet., c. 75. 
 39 & 40 Viet., c. 79. 
 
 The Elementary Education 
 Act, 1870. 
 
 The Elementary Education 
 
 Section twenty-six. 
 Section eighteen. 
 
 Act, 1876.
 
 ( 386 ) 
 
 THE ELEMENTARY EDUCATION (BLIND AND 
 DEAF CHILDREN) ACT, 1893. 
 
 (56 & 57 VICT., c 42.) 
 
 AN ACT TO MAKE BETTER PROVISION FOR THE 
 ELEMENTARY EDUCATION OF BLIND AND DEAF 
 CHILDREN IN ENGLAND AND WALES. 
 
 [\-2th September, 1893.] 
 
 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 : 
 
 The following sections of this Act are the provsions which apply 
 to England and Wales, with the exception of the Metropolis, from 
 the "appointed day" under sec. 27 of the 2 Edw. 7, c. 42. A 
 Local Education Authority may delegate to the education com- 
 mittee, with or without any restrictions or conditions as they think 
 jit, any of their powers, except the power of raising a rate or 
 borrowing money. 
 
 Obligation of Parents as to Blind and Deaf Children. 
 
 I. (i.) The efficient elementary instruction which under 
 the Elementary Education Act, 1876, a parent must cause 
 his child to receive, shall, in the case of a blind or deaf 
 child, be construed as including instruction suitable to such 
 a child, and the fact of a child being blind or deaf shall 
 not of itself, except in the case of a deaf child under seven 
 years of age, be a reasonable excuse for not causing the 
 child to attend school, or for neglecting to provide efficient 
 elementary instruction for the child, (i) 
 
 (2.) In the case of a blind or deaf child, the fact that 
 there is not within any particular distance from the 
 residence of the child any public elementary school which 
 the child can attend shall not of itself be a reasonable 
 excuse for not causing the child to attend school, or for 
 neglecting to provide efficient elementary instruction for 
 the child. (2)
 
 56 & 57 VICT., c. 42, SEC. 2. 387 
 
 (1) The Elementary Education Act, 1876, by sec. 4 provides that it 
 shall be the duty of the parent of every child to cause such child to 
 receive efficient elementary instruction in reading, writing, and 
 arithmetic. This instruction in the case of a blind or deaf child is 
 to be construed as including instruction suitable to such a child. Ex- 
 pressions in this Act, unless the contrary intention appears, have the 
 same meaning as in the Elementary Education Acts, 1870 to 1891. 
 (Sec. 15 (i).) The definition given in sec. 3 of the Elementary 
 Education Act, 1870, of the term "parent" therefore applies, and it 
 includes " guardian and every person who is liable to maintain or has 
 the actual custody of a child." As to this definition, see note 6 to 
 sec. 3 of the last-mentioned Act. 
 
 For the purposes of this Act the expression " blind child " means 
 " a child too blind to be able to read the ordinary school books used 
 by children," and the expression "deaf child " means a child too deaf 
 to be taught in a class of hearing children in an elementary school. 
 (Sec. 15 (i).) A blind or deaf boy or girl is to be deemed for the 
 purposes of the Elementary Education Acts a " child " until the age of 
 sixteen years. (Sec. n.) The age for compulsory attendance at 
 school of a blind child begins at five years, and of a deaf child at 
 seven years. Subject to this, every blind or deaf boy or girl, notwith- 
 standing anything in the Elementary Education Acts or the bye-laws, 
 must receive efficient elementary instruction in reading, writing, and 
 arithmetic until the age of sixteen years. 
 
 (2) The Elementary Education Act, 1870, by sec. 74, provides that 
 it shall be a " reasonable excuse " for non-attendance at school in 
 accordance with bye-laws if 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 bye-laws may prescribe. There are other enact- 
 ments in the Elementary Education Act, 1876 (sees. 9 and n) which 
 confer exemptions in consequence of the distance of the residence of 
 the child from a public elementary school which the child can attend. 
 In the case of a blind or deaf child within the limits of age referred 
 to above, neither the fact of the child being blind or deaf, nor the 
 fact that there is not within any particular distance from the residence 
 of the child any public elementary school which the child can attend, 
 will of itself be a reasonable excuse for not causing the child to 
 attend school or for neglecting to provide elementary instruction for 
 the child. 
 
 It will be observed from sec. 3 of 62 & 63 Viet., c. 32. post, that a 
 Local Education Authority may provide guides or conveyances for 
 children who in the opinion of that authority are by reason of any 
 physical or mental defect unable to attend school without guides or 
 conveyances. 
 
 Duty of School Aiithority with respect to Blind 
 and Deaf Children. 
 
 2. (i.) It shall be the duty of every school authority, 
 as defined by this Act, to enable blind and deaf children 
 resident in their district, for whose elementary education 
 efficient and suitable provision is not otherwise made, to
 
 388 ELEMENTARY EDUCATION (BLIND AND DEAF 
 
 obtain such education in some school for the time being 
 certified by the Education Department as suitable for 
 providing such education, and for that purpose either to 
 establish or acquire and to maintain a school so certified, 
 or to contribute, on such terms and to such extent as may 
 be approved by the Education Department, towards the 
 establishment or enlargement, alteration, and maintenance 
 of a school so certified, or towards any of these purposes, 
 and, where necessary or expedient, to make arrangements, 
 subject to regulations of the Education Department, for 
 boarding out any blind or deaf child in a home conveniently 
 near to the certified school where the child is receiving 
 elementary education, (i) 
 
 (2.) Provided that the duty of a school authority under 
 this section shall not extend to children who are 
 
 (a) idiots or imbeciles ; or 
 
 (&) resident in a workhouse or in any institution to which 
 they have been sent by a board of guardians from 
 a workhouse ; of 
 
 (c) boarded out by guardians. (2) 
 
 (3.) Where a school authority contributes under this 
 section to the establishment, enlargement, or alteration 
 of a certified school maintained by another authority, 
 the terms approved by the Education Department shall 
 include security for repayment of the value of the con- 
 tribution, in the event of the school ceasing to be 
 certified. 
 
 (i) The school authority for the purposes of the Act is from the 
 "appointed day," except in the case of the Metropolis, the Local 
 Education Authority : see sec. 4. 
 
 Sec. i of the Act having imposed on parents of blind and deaf 
 children the duty of causing such children to receive efficient elementary 
 instruction, this section, subject to the exceptions provided for by sub- 
 sec. (2), imposes on every Local Education Authority the duty of 
 enabling such children resident in their district, for whose education 
 efficient and suitable provision is not otherwise made, to obtain such 
 education in some school for the time being certified by the Board of 
 Education as suitable for providing such education. 
 
 The power of a Local Education Authority to make any payment 
 in respect of the instruction or maintenance of a blind or deaf child 
 ceases when the child has attained the age of sixteen years. 
 
 With regard to the expression " resident in their district," see sec. 
 15 (2). The term "elementary education" may include industrial 
 training. 
 
 As to the conditions which must be fulfilled to admit of a school 
 being certified by the Board of Education, see sec. 7(1). The certifi- 
 cate to a school must be annual. The term " school " is defined by 
 sec. 15 (i) as including any institution in which blind or deaf children
 
 CHILDREN). ACT, 1893. 5^ & 57 VICT., C. 42, SEC. 3. 389 
 
 are boarded or lodged as well as taught, and any establishments for 
 boarding or lodging children taught in a certified school. 
 
 The Local Education Authority may discharge the duty imposed 
 on them by this section in different modes, (i) They may establish 
 or acquire and maintain a school certified by the Board of Education. 
 For this purpose they have all the powers of a Local Education 
 Authority for the provision of school accommodation for their district. 
 (See sec. 19 of 33 &34 Viet., c. 75, ante.} (2) They may contribute on such 
 terms and to such extent as may be approved by the Board of Education 
 towards the establishment or enlargement, alteration and maintenance 
 of a school so certified, or towards any of these purposes. In the case 
 of any such contribution, the terms approved by the Board of Educa- 
 tion are to include security for the repayment of the value of the 
 contribution in the event of the school ceasing to be certified. See 
 also sec. 3 as to the representation of the contributing Local Education 
 Authority on the governing body of the school to which they contribute. 
 (3) They may, where necessary or expedient, make arrangements for 
 boarding out blind and deaf children in houses conveniently near to 
 the certified school where the child is receiving elementary education. 
 The rules issued by the Board of Education as to buildings for blind 
 and deaf children and the boarding out of children of this class will 
 be found in the Appendix, pp. 560, 562. 
 
 (2) Boards of guardians were empowered by the 25 & 26 Viet., c. 43, 
 and the 45 & 46 Viet, c. 58, to send deaf and dumb children, on 
 certain terms as to cost of maintenance, to schools certified by the 
 Local Government Board, and sec. 42 of the 31 & 32 Viet., c. 122, 
 provided that the guardians might, with the approval of the Local 
 Government Board, send any poor deaf and dumb or blind child to 
 any school fitted for the reception of such child, though such school 
 had not been certified by the Board. But these enactments were 
 repealed by sec. 13 (i) of this Act so far as they empowered boards of 
 guardians to send to schools blind and deaf children under the age of 
 sixteen years, except in the cases of the three classes of children 
 specifically mentioned in this sub-section. This repeal was subject to 
 the special provision in sec. 13 (2) as regards children who were 
 relieved in any institution at the date when the repeal referred to took 
 effect, viz., the ist of July, 1894. The responsibility for the care and 
 instruction of the children of the three classes mentioned in the sub- 
 section will devolve on the guardians. 
 
 Power to make Provision for Representation. 
 
 3. The terms of contribution approved by the Education 
 Department may include provision for representation of 
 the contributing school authority on the governing body 
 of the school to which it contributes, in cases where such 
 representation appears to the Education Department to be 
 practicable and expedient.
 
 39O ELEMENTARY EDUCATION (BLIND AND. DEAF 
 
 Constitution of School A uthority. 
 
 4. The school authority for the purposes of this Act 
 shall be 
 
 (a) for an area under a school board, the school board. . . . 
 
 The reference to the school board is from the "appointed day," 
 as defined by sec. 27 of 2 Ed\v. 7, c. 42, ante, to be construed, except 
 in the case of the Metropolis, as a reference to the Local Education 
 Authority : see Third Schedule (i) to that Act. The school authority 
 under this Act are therefore from that date, with the exception referred 
 to, the Local Education Authority, and their district is the area for 
 which they act. 
 
 As to the transfer to the County Council of the property or rights 
 acquired, and the liabilities incurred under this Act by a District 
 Council, which ceases by reason of the 2 Edw. 7, c. 42, ante, to be a 
 school authority, see Second Schedule (7) to that Act. 
 
 Powers and Expenses of School Authority. 
 
 5. (i.) For the performance of their duties under this 
 Act a school authority may, without prejudice to any other 
 powers, exercise the like powers as may be exercised by 
 a school board for the provision of school accommodation 
 for their district, and the consent of the ^Education Depart- 
 ment} to the exercise of the power of borrowing for the 
 purposes of this Act may be given in any case in which 
 the exercise of that power appears to the Department 
 expedient. 
 
 (2.) The expenses of a school authority under this Act 
 shall be paid out of the fund applicable to their general 
 expenses. . . . 
 
 The Local Education Authority are from the "appointed day," 
 except in the case of the Metropolis, the school authority under the 
 Act : see sec. 4. 
 
 With regard to the powers of the Local Education Authority as to 
 the provision of school accommodation for their district, see sec. 19 of 
 the 33 & 34 Viet., 0.75. 
 
 As to the powers of borrowing by the Local Education Authority, 
 see sec. 19 of 2 Edw. 7, c. 42, ante. By the Third Schedule (8) to that 
 Act, it is provided that a reference to the Local Government Board 
 shall be substituted for the reference to the Education Department in 
 sec. 5 of the Elementary Education (Blind and Deaf Children) Act, 1893. 
 
 See also sec. 18 of the 2 Edw. 7, c. 42, ante, as to the expenses of 
 the Local Education Authority, and the Second Schedule (7) to that 
 Act, with regard to the raising of expenses to meet liabilities of a 
 school authority (whether a District Council or not) transferred to the 
 County Council. 
 
 See sec. 9, with respect to the liability of parents to contribute
 
 CHILDREN) ACT, 1893. 56 & 57 VICT., c. 42, SEC. 7. 391 
 
 towards the expenses of the maintenance of blind or deaf children. 
 Any sums so received by the Local Education Authority from parents 
 may be applied in aid of the general expenses of the authority. 
 
 Conditions and Effect of Grant of Certificate to School 
 for Blind or Deaf Children. 
 
 7. (i.) A school shall not be certified by the Education 
 Department as suitable for providing elementary education 
 for blind or deaf children 
 
 (a) if it is conducted for private profit ; nor 
 (b} unless it is either managed by a school authority, 
 or the annual expenses of its maintenance are, to 
 the extent of not less than one third, defrayed 
 out of sources other than local rates, or moneys 
 provided by Parliament, and are audited and 
 published in accordance with regulations of the 
 Education Department ; nor (i) 
 
 (c) unless it is open at all times to the inspection of 
 
 Her Majesty's Inspectors of Schools and of any 
 visitors authorized by any school authority 
 sending children to the school ; nor 
 
 (d] unless the requirements of this Act are complied 
 
 with in the case of the school. 
 
 (2.) Every school so certified (in this Act referred to as 
 a certified school) shall be deemed to be a certified efficient 
 school within the meaning of the Elementary Education 
 Act, 1876, and for the purposes of section eleven of that 
 Act may, in the case of a blind or deaf child, be treated 
 as if it were a public elementary school. (2) 
 
 (3.) A certificate granted in pursuance of this section 
 shall be annual. 
 
 (4.) For the purposes of this section there shall be 
 included in local rates any sum received under this Act by 
 a school authority from a parent and applied towards the 
 general expenses of the school authority. (3) 
 
 (i) The Local Education Authority are from the "appointed day," 
 except in the case of the Metropolis, the school authority for the 
 purposes of this Act : see sec. 4. 
 
 Local rates are to be deemed to include sums received by school 
 authorities from parents, and applied towards the general expenses 
 of those authorities : see sub-sec. (4). 
 
 With regard to moneys provided by Parliament, see sec. 12. 
 
 The Education Department on the 28th of January, 1895, ordered 
 that the following regulations should be observed with reference to 
 the audit and publication of the accounts of the annual expenses
 
 392 ELEMENTARY EDUCATION (BLIND AND DEAF 
 
 of maintenance of certified schools under the Act, not maintained 
 by school authorities : 
 
 " (i.) The accounts shall be audited annually, either by a chartered 
 accountant, a banker or bank manager, or a professional auditor. 
 
 "(2.) Immediately on the receipt of the inspector's annual report 
 on the school, the managers must publish the last account of income 
 and expenditure, furnished to the Department, by advertisement in 
 one or more newspapers circulating in the district supplied by the 
 school. They must also publish in the same manner, and at the same 
 time, a notice that the said account will be, during the ensuing year, 
 open to inspection at the school or other convenient place at any 
 reasonable time except the ordinary school hours, and that copies or 
 extracts may be made, and they must submit the same to inspection, 
 and permit such copies or extracts to be made accordingly." 
 
 (2) As every school certified by the Board of Education under the 
 Act is to be deemed a certified efficient school, within the meaning of 
 the Elementary Education Act, 1876 (39 & 40 Viet., c. 79, ante), any 
 such school comes within the provisions of sees. 5, 9, n, 14, 24, and 
 48 of that Act, and for the purposes of sec. 1 1 of the Act referred to 
 is in the case of a blind or deaf child to be treated as a public 
 elementary school. 
 
 The effect of the provision, as regards sec. II of the Act of 1876, is 
 that in the case of a blind or deaf child to whom that section applies, 
 the order of the Court as to the school which the child shall attend 
 may direct attendance at a school certified by the Board of Education 
 under this Act, although not otherwise a public elementary school, 
 when the parent does not exercise his right of selecting a school 
 certified under this Act which the child shall attend. 
 
 (3) With regard to the payments to be made by parents towards 
 the expenses incurred by the school authority in respect of blind or 
 deaf children, see sec. 9, post. 
 
 Provisions as to Religious Instruction. 
 
 8. (i.) If and so far as the school which a child is 
 required in pursuance of this Act to attend is not a public 
 elementary school, it must, in all matters relating to the 
 religious instruction and observances of the child, be con- 
 ducted in accordance with the rules applying to industrial 
 schools, except that references in the Industrial Schools 
 Act, 1866, and the rules made under it, to the Secretary of 
 State shall be construed as references to the Education 
 Department ; and any school authority may provide and 
 maintain for the purposes of this Act a school so con- 
 ducted, (i) 
 
 (2.) Every rule made under this section shall be forth- 
 with laid before both Houses of Parliament. 
 
 (3.) In selecting a school under this Act the school
 
 CHILDREN) ACT, 1893. 56 & 57 VICT., c. 42, SEC. 8. 393 
 
 authority shall be guided by the rules laid down in the 
 Industrial Schools Act, 1866, and if a child is boarded out 
 in pursuance of this Act, the school authority shall if 
 possible arrange for the boarding out being with a person 
 belonging to the religious persuasion of the child's 
 parent. (2) 
 
 (4.) Where a child is required in pursuance of this Act 
 to attend any school, the child shall not be compelled to 
 receive religious instruction contrary to the wishes of the 
 parent, and shall, so far as practicable, have facilities for 
 receiving religious instruction and attending religious 
 services conducted in accordance with the parent's per- 
 suasion, which shall be duly registered on the child's 
 admission to the school. 
 
 (i) In the case of a public elementary school, the provisions of sec. 7 
 of the 33 & 34 Viet., c. 75, ante, must be strictly complied with. 
 
 When the school is not a public elementary school, it must in all 
 matters relating to the religious instruction and observances of the 
 child be conducted in accordance with the rules applying to industrial 
 schools, the Board of Education being deemed to be substituted for 
 the Secretary of State. The following provisions with regard to the 
 religious instruction and observances of children in industrial schools 
 are contained in the model rules issued by the Secretary of State for 
 the management and discipline of those schools : 
 
 " Each day shall be begun and ended with simple family worship, 
 consisting of prayer and praise to God, and the reading of Scripture. 
 The religious instruction shall be governed by the following rule : 
 
 " The ordinary religious instruction and observances shall consist of 
 prayers and hymns and reading from the Bible, with such explanations 
 and instructions in the principles of religion and morality as are suited 
 to the capacity of children ; and in the selection of such prayers and 
 hymns, and in explanations and instructions from the Bible, no attempt 
 shall be made to attach children to, or to detach them from, any 
 particular denomination. 
 
 " No child shall be required to attend any religious instruction or 
 observance, or shall be taught the catechism or tenets of any religion 
 to which his parents or guardians object, or other than that to which 
 he is stated in the order of detention to belong. With regard to 
 children who are specified in the order of detention as belonging to 
 any particular religious persuasion, the managers shall, so far as 
 practicable, make arrangements that such children shall, during the 
 times set apart for religious instruction, attend religious instruction or 
 observances conducted by ministers of such persuasions or by such 
 responsible teachers of the school or other persons as are delegated 
 by such ministers with the approval of the managers. 
 
 " While any religious instruction or observance is going on, none of 
 the scholars or teachers shall be employed in any other manner in 
 the same room. 
 
 " On Sunday the inmates shall, if possible, attend public worship at 
 some convenient church or chapel, provided that no boy or girl shall 
 be taken to any church or chapel to which his parents or guardians 
 object on the ground that its religious services are not in accordance 
 
 2 D
 
 394 ELEMENTARY EDUCATION (BLIND AND DEAF 
 
 with the religious persuasion of the child, or to which he is stated in 
 the order of detention to belong." 
 
 (2) The rules laid down in the Industrial Schools Act, 1866, as to 
 the selection of a school, are contained in sees. 18 and 20, which 
 provide that in determining on the school to which a child shall be 
 sent the justices shall endeavour to ascertain the religious persuasion 
 to which the child belongs, and shall if possible select a school 
 conducted in accordance with such religious persuasion. If the 
 parent, step-parent, or guardian, or if there be none such, the god- 
 parent or nearest adult relative of a child sent or about to be sent to 
 a certified industrial school which is not conducted in accordance with 
 the religious persuasion to which the child belongs, states to the 
 justices that he objects to the child being sent to or detained in the 
 school specified or about to be specified in the order, and names 
 another certified industrial school in Great Britain which is conducted 
 in accordance with the religious persuasion to which the child belongs, 
 and signifies his desire that the child be sent thereto, the justices shall, 
 upon proof of such child's religious persuasion, comply with the 
 request of the applicant ; provided that the application is made 
 before the child has been sent to a certified industrial school or 
 within thirty days after his arrival at such a school, and that the 
 applicant shows to the satisfaction of the justices that the managers 
 of the school named by him are willing to receive the child. 
 
 It will be observed that under sec. 10 (2) payments under this Act 
 are not to be made on condition of a child attending any certified 
 school other than such as may be reasonably selected by the parent, 
 nor refused because the child does or does not attend any particular 
 certified school. 
 
 With regard to children boarded out, see the provision in Art. 6 (7) 
 of the regulations issued by the Board of Education with respect to 
 the boarding-out of blind and deaf children (p. 563), as to the under- 
 taking which is to be given by the foster-parent that he will take care 
 that the child shall attend duly at church or chapel according to the 
 religious denomination to which the child belongs, and will make such 
 provision as may be necessary for the escort of the child to and from 
 church or chapel. 
 
 Liability of Parent for Expenses of Blind or Deaf Child. 
 
 9. (i.) Where a school authority incur any expense 
 under this Act in respect of any blind or deaf child, the 
 parent of the child shall be liable to contribute towards 
 the expenses of the child such weekly sum, if any, as, 
 regard being had to the provisions of the Elementary 
 Education Act, 1891, may be agreed on between the 
 school authority and the parent, or, if the parties fail to 
 agree, as may, on the application of either party, be settled 
 by a court of summary jurisdiction, and any sum so agreed 
 on or settled may, without prejudice to any other remedy, 
 be recovered by the school authority summarily as a civil 
 debt, (i)
 
 CHILDREN) ACT, 1893. 56 & 57 VICT., C. 42, SEC. II. 395 
 
 (2.) It shall be the duty of the school authority to enforce 
 any order made under this section, and any sum received 
 by a school authority under this section may be applied by 
 the school authority in aid of their general expenses. (2) 
 
 (3.) A court competent to make an order under this 
 section may at any time revoke or vary any order so made. 
 
 (r) As to the school authority for the purposes of this Act, see sec. 4. 
 
 Sec. 15 (i) provides that the term "expenses," when used in 
 relation to a child, includes the expenses of and incidental to the 
 attendance of the child at a school, and of and incidental to the main- 
 tenance and boarding-out of a child while so attending, and the 
 expenses of taking the child to or from the school. 
 
 For definition of the term " parent," see sec. 3 of the 33 & 34 Viet., 
 c. 75, ante, and sec. 15 of this Act. 
 
 As regards the reference to the Elementary Education Act, 1891, 
 the intention appears to be that no liability for payment shall attach 
 to the parent in respect of school fees in excess of those, if any, which 
 under the Act referred to are payable in respect of children attending 
 the school. 
 
 (2) With regard to the expenses of a school authority, see sec. ; (2). 
 
 Saving for Rights of Parent. 
 
 10. (i.) The parent of a blind or deaf child shall not, 
 by reason of any payment made under this Act in respect 
 of the child, be deprived of any franchise, right, or privilege, 
 or be subject to any disability or disqualification, (i) 
 
 (2.) Payments under this Act shall not be made on con- 
 dition of a child attending any certified school other than 
 such as may be reasonably selected by the parent, nor 
 refused because the child attends or does not attend any 
 particular certified school. (2) 
 
 (1) This sub-section will relieve from the disqualifications referred 
 to, although only a part of the expenses of the maintenance of the 
 child may be recovered from the parent. 
 
 (2) See also sec. 8 (3) as to the rules which are to guide the school 
 authority in the selection of a school to which a child shall be sent. 
 
 Period of Education for Blind and Deaf. 
 
 1 1. For the purposes of the Elementary Education Acts, 
 1870 to 1891, a blind or deaf boy or girl shall be deemed 
 to be a child until the age of sixteen years ; and the period 
 of compulsory education shall, in the case of such a child, 
 extend to sixteen years, and the attendance of such a child
 
 396 ELEMENTARY EDUCATION (BLIND AND DEAF 
 
 at school may be enforced as if it were required by bye- 
 laws made under the Elementary Education Acts, 1870 to 
 1891 ; and any such child shall not, in pursuance of any 
 such bye-laws, be entitled to total or partial exemption 
 from the obligation to attend school. 
 
 The effect of this section is that the requirements in the Elementary 
 Education Acts as to attendance at school apply to blind and deaf 
 children until the age of sixteen years. But in the case of a deaf child 
 under seven years of age, the fact of the child being deaf is, under 
 sec. i of this Act, a reasonable excuse for not causing the child to 
 attend school or for failing to provide elementary instruction for the 
 child. Subject to the exception above referred to in the case of a 
 deaf child under seven years of age, any blind or deaf child under 
 the age of sixteen years is not to be entitled, under bye-laws or 
 otherwise, to total or partial exemption from the obligation to attend 
 school, and the school attendance of the child is to be enforced 
 in like manner as if the attendance of the child at school were required 
 by bye-laws. 
 
 As to the requirement of school attendance under bye-laws, see 
 sec. 74 of the 33 & 34 Viet., c. 75, ante. 
 
 Grants from Public Money towards Education of Blind 
 and Deaf Children. 
 
 12. Nothing in any Act of Parliament shall prevent the 
 Education Department from giving aid from the parliamen- 
 tary grant to a certified school in respect of education 
 given to blind or deaf children to such amount and on such 
 conditions as may be directed by or in pursuance of the 
 minutes of the Education Department in force for the time 
 being. 
 
 The Education Department by minute dated 2nd April, 1894, made 
 the following provisions as regards grants on account of the education 
 of blind and deaf children : 
 
 " For each blind or deaf child who has attended a certified school 
 for not less than one month during the school year, grants may be 
 allowed for each complete month of attendance : 
 
 " (a) At the rate of 3/. 3-r. a year if such child has received with due 
 regularity efficient elementary education other than manual 
 instruction or industrial training, and his attainments are 
 found to be satisfactory, regard being had to his necessary 
 disqualifications. 
 
 " (b) At the rate of 2/. 2s. a year if such child has received with due 
 regularity satisfactory instruction and made satisfactory pro- 
 gress in some course of manual instruction or industrial 
 training approved by the Department. 
 
 Provided that all returns called for by the Department are duly made 
 by the managers. 
 
 "The term 'certified school' means a school certified under sec. 2 
 of the Element iry Education (Blind and Deaf Children) Act, 1893.
 
 CHILDREN) ACT, 1893. 56 & 57 VICT., c. 42, SEC. 13. 397 
 
 " Grants under this minute are not paid for any child in respect of 
 any period for which grants are paid for the same child under the 
 Code of Minutes of the Department in force for the time being with 
 respect to the payment of the parliamentary grant to public elementary 
 schools." 
 
 In a memorandum dated March, 1897, the Education Department 
 stated that the following subjects have been accepted by them as proper 
 to be included in the " Course of Manual Instruction or Industrial 
 Training," which may be approved under paragraph (b} of the fore- 
 going minute : Wood-carving, wood-work (carpentry), wood-work 
 (advanced Sloyd), bent iron-work, chair caning, basket making, mat 
 making, gardening, tailoring, mattress making, shoe making, printing, 
 piano tuning, cookery-work (girls), laundry-work (girls), machine- 
 sewing (girls), needlework (girls), if accompanied by dress-cutting, 
 housework (girls), if accompanied by domestic economy ; " suitable 
 occupations" for children over seven, for whom such would be suffi- 
 cient in an ordinary public elementary school as a class subject ; 
 knitting of garments, not confined to cuffs, socks, and stockings, by 
 blind girls, if systematically taught and practised as an industrial 
 occupation, and type-writing. The scholars should be taught these 
 subjects in classes by themselves.* 
 
 Repeal of Powers of Guardians to send Blind or Deaf 
 Children to School. 
 
 13. (i.) As from the first day of July one thousand 
 eight hundred and ninety-four so much of any enactment 
 in force at that date as empowers boards of guardians to 
 send blind or deaf children to school shall be repealed, 
 except as to children who are 
 
 (a) idiots or imbeciles ; or 
 
 (b} resident in a workhouse or in an institution to which 
 they have been sent by a board of guardians from 
 a workhouse ; or 
 
 (c} boarded out by guardians, (i) 
 
 (2.) Provided that, where any blind or deaf child with 
 respect to whom the powers of guardians cease in pursu- 
 ance of this section is on the first day of July one thousand 
 eight hundred and ninety-four relieved in any institution 
 by a board of guardians, the child shall continue chargeable 
 as if this Act had not passed, until the expiration of six 
 months' notice to be given by the guardians, if they think 
 
 * With regard to this statement as to the scholars being taught in classes 
 by themselves, it is stated in a note to the memorandum that this rule may be 
 waived as regards deaf scholars in the case of laundry-work, and the drawing 
 and practical part of wood-work ; and also in the case of cookery, provided 
 the scholars are previously made familiar in their own school with the names 
 of the chief articles of food, and with the names and uses of the implements 
 employed in the kitchen, and have had practice in actual weighing awl 
 measui ing, before entering the cookery classes.
 
 398 ELEMENTARY EDUCATION (BLIND AND DEAF 
 
 fit, to the school authority of the district from which the 
 child was sent. (2) 
 
 (1) It will be observed from sec. 2 (2) that the duty of a school 
 authority under this Act does not extend to the three classes of children 
 mentioned in this section. The responsibility for the care of the 
 children of these classes who may require relief devolves exclusively 
 on the guardians. 
 
 (2) This sub-section reserves to the guardians the right of continuing 
 to defray the cost of a blind or deaf child in any institution to which 
 the child has been sent by them, and who was maintained therein on 
 the ist of July, 1894, so long as the child is chargeable, notwithstand- 
 ing that the provisions empowering boards of guardians to send to 
 school blind or deaf children, with the exception of those specified in 
 sub-sec, (i), are repealed. If, however, the guardians think fit, they 
 can in any such case, by giving six months' notice to the Local 
 Education Authority of the district from which the child was sent, 
 determine their liability. 
 
 Report to be laid before Parliament. 
 
 14. The Education Department shall annually lay before 
 both Houses of Parliament a report of their proceedings 
 under this Act during the preceding year, and in that 
 report shall give lists of the schools to which they have 
 granted and refused certificates under this Act during the 
 year, with their reasons for each such refusal. 
 
 The particulars required by this section to be annually laid before 
 both Houses of Parliament are included in the annual report of the 
 Board of Education which is presented by them to Parliament. 
 
 Interpretation of Terms. 
 
 15. (i.) In this Act 
 
 The expression "blind" means too blind to be able to 
 
 read the ordinary school books used by children ; 
 The expression "deaf" means too deaf to be taught in 
 
 a class of hearing children in an elementary school ; 
 The expression " school " includes any institution in 
 
 which blind or deaf children are boarded or lodged as 
 
 well as taught, and any establishment for boarding or 
 
 lodging children taught in a certified school ; 
 The expression " elementary education " may include 
 
 industrial training whether given in the school which 
 
 the child attends or not ; 
 The expression " maintenance " includes clothing ;
 
 CHILDREN) ACT, 1893. 56 & 57 VICT., c. 42, SEC. 18. 399 
 
 The expression " expenses," when used in relation to 
 a child, includes the expenses of and incidental 
 to the attendance of the child at a school, and of 
 and incidental to the maintenance and boarding-out 
 of the child while so attending, and the expenses of 
 conveying the child to or from the school ; 
 Other expressions have, unless the contrary intention 
 appears, the same meaning as in the Elementary 
 Education Acts, 1870 to 1891. 
 
 (2.) For the purposes of this Act a child resident in a 
 school or boarded out in pursuance of this Act shall be 
 deemed to be resident in the district from which the child 
 is sent. 
 
 Extent of Act. 
 
 16. This Act shall not extend to Scotland or Ireland. 
 
 Commencement of Act. 
 
 1 7. This Act shall come into operation on the first day 
 of January one thousand eight hundred and ninety-four. 
 
 Short Title. 
 
 1 8. This Act may be cited as the Elementary Education 
 (Blind and Deaf Children) Act, 1893, and shall be read 
 with the Elementary Education Acts, 1870 to 1891.
 
 ( 400 ) 
 
 THE ELEMENTARY EDUCATION (SCHOOL 
 ATTENDANCE) ACT, 1893. 
 
 (56 & 57 VICT., 0.51.) 
 
 AN ACT TO AMEND THE ELEMENTARY EDUCATION ACTS 
 WITH RESPECT TO THE AGE FOR ATTENDANCE AT 
 
 SCHOOL. 
 
 \22nd September, \ 893.] 
 
 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 : 
 
 Age for Exemption from School Attendance. 
 
 i. The age at which a child may, in pursuance of any 
 bye-law made under the Elementary Education Acts, 1870 
 to 1891, obtain total or partial exemption from the obliga- 
 tion to attend school, on obtaining a certificate as to the 
 standard of examination which he has reached, shall be 
 raised to [eleven], and every such bye-law, so far as it pro- 
 vides for such exemption, shall be construed and have 
 effect as if a reference to [eleven years] of age were substi- 
 tuted therein for a reference to a lower age, and in sec. 74 
 of the Elementary Education Act, 1870, eleven shall be 
 substituted for ten. 
 
 The effect of this section was to raise to eleven years the minimum 
 age for exemption (whether total or partial) fixed by local bye-laws 
 made under the Education Acts. Consequently, any bye-laws in force 
 in a district prior to the ist January, 1894, which provided for the total 
 or partial exemption of children from the obligation to attend school, 
 on attaining the age of ten years, or some lower age, were to be con- 
 strued and have effect as if the minimum age for exemption were 
 eleven years. 
 
 The provisions of this section are now altered by the 62 & 63 Viet., 
 c. 13', which provides that on the ist of January, 1900, the Elementary 
 Education (School Attendance) Act, 1893, shall have effect as if 
 "twelve "were substituted therein for "eleven." This enactment is, 
 however, subject to certain exceptions. See 62 & 63 Viet., c. 13, post, 
 with the notes thereon.
 
 56 & 57 VICT., c. 51, SEC. 5. 401 
 
 Penalty for Employment of Children before Exemption 
 from School Attendance. 
 
 2. If any person takes a child into his employment in 
 such a manner as to prevent the child from attending 
 school in accordance with the bye-laws for the time being 
 in force in the district in which the child resides, he shall 
 be deemed to take the child into his employment in 
 contravention of the Elementary Education Act, 1876, and 
 shall be liable to a penalty accordingly. 
 
 The penalty under the Act of 1876 (see sec. 6) is a fine not exceeding 
 forty shillings. 
 
 Saving. 
 
 3. Nothing in this Act shall apply in the case of any 
 child who at the passing of this Act is under the bye-laws 
 then in force in the district in which he resides exempt 
 wholly or partially, as the case may be, from the obligation 
 to attend school. 
 
 Commencement of Act. 
 
 4. This Act shall come into operation on the first day of 
 January, one thousand eight hundred and ninety-four. 
 
 Short Title. 
 
 5. This Act may be cited as the Elementary Education 
 (School Attendance) Act, 1893, and shall be read with the 
 Elementary Education Acts, 1870 to 1891.
 
 ( 402 ) 
 
 THE VOLUNTARY SCHOOLS ACT, 1897. 
 
 (60 VlCT., C. 5.) 
 
 AN ACT TO PROVIDE FOR A GRANT OUT OF THE 
 EXCHEQUER IN AID OF VOLUNTARY ELEMENTARY 
 SCHOOLS, AND FOR THE EXEMPTION FROM RATES OF 
 THOSE SCHOOLS, AND TO REPEAL PART OF SECTION 
 NINETEEN OF THE ELEMENTARY EDUCATION ACT, 
 1876. 
 
 [8/>fc April, 1897.] 
 
 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 : 
 
 The following sections of this Act are the provisions which apply 
 to England and Wales, with the exception of the Metropolis, from 
 the " appointed day" tinder sec. 27 of 2 Edw. 7, c. 42. 
 
 Repeal of i?s. 6d. Limit in 39 & 40 Viet. c. 79, sec. 19, 
 as respects Day Schools in England and Wales. 
 
 2. After the last day of March one thousand eight 
 hundred and ninety-seven, the following words in section 
 nineteen of the Elementary Education Act, 1876, namely, 
 "such grant shall not in any year be reduced by reason of 
 its excess above the income of the school if the grant do 
 not exceed the amount of seventeen shillings and sixpence 
 per child in average attendance at the school during that 
 year, but shall not exceed that amount per child, except 
 by the same sum by which the income of the school 
 derived from voluntary contributions, rates, school fees, 
 endowments, or any source whatever other than the Parlia- 
 mentary grant, exceeds the said amount per child, and " 
 shall be repealed so far as they apply to day schools in 
 England and Wales. 
 
 The provision, which by this section was repealed so far as regards 
 day schools in England and Wales, had the effect of limiting the 
 parliamentary grant in the case of a day school to a maximum of
 
 60 VICT., c. 5, SEC. 3. 403 
 
 I7J. 6d. per child in average attendance at the school, with the 
 exception that, if the income of the school derived from voluntary 
 contributions, rates, school fees, endowments, and any source what- 
 ever, other than the parliamentary grant, exceeded the rate of seven- 
 teen shillings and sixpence per child in average attendance, the 
 parliamentary grant might also exceed that rate, provided that the 
 excess was not greater than that by which the income of the school 
 as denned above exceeded the rate of seventeen shillings and sixpence 
 per child. 
 
 As to the annual parliamentary grants payable-in lieu of the grants 
 under the Voluntary Schools Act, see sec. 10 of 2 Edw. 7, c. 42, ante. 
 
 Exemption from Rates of Voluntary Elementary Schools. 
 
 3. No person shall be assessed or rated to or for any 
 local rate in respect of any land or buildings used ex- 
 clusively or mainly for the purposes of the schoolrooms, 
 offices, or playground of a voluntary school, except to the 
 extent of any profit derived by the managers of the school 
 from the letting thereof. 
 
 (i) This section, except in the case of the Metropolis, applies only 
 to public elementary schools not provided by a Local Education 
 Authority (see sec. 4). Public elementary schools provided by a 
 Local Education Authority are not exempt from rating. As to 
 schools which are to be deemed to be provided by a Local Education 
 Authority, see 2 Edw. 7, c. 42, Second Schedule (13). See also note 
 to sec. 19 of 33 & 34 Viet., c. 75, as to the assessment of schools 
 provided by a Local Education Authority. 
 
 The local rates to which the exemption applies are determined by 
 the definition of the expression " local rate " contained in sec. 4. This 
 expression means a rate the proceeds of which are applicable to public 
 local purposes, and which is leviable on the basis of an assessment in 
 respect of the yearly value of property, and includes any sum which, 
 though obtained in the first instance by a precept, certificate, or other 
 instrument requiring payment from some authority or officer, is or can 
 be ultimately raised out of a local rate as before defined. The effect 
 of the definition is to include within the exemption the rates leviable 
 by overseers and by urban district councils. Among the rates so 
 included are the poor rate, rates levied either separately or by an 
 addition to the poor rate for the expenses of a rural district council, or 
 for expenses under the Burial Acts, rates levied under the Lighting 
 and Watching Act, 1833, and general district rates levied by urban 
 district councils. Where no profit is derived by the managers of the 
 school from its letting, the premises referred to in sec. 3 should be 
 omitted from the rate. It should be noticed, however, that the section 
 does not necessarily exempt the entire school premises ; it only 
 exempts " land or buildings used exclusively or mainly for the purposes 
 of the schoolrooms, offices, or playground." Consequently, any part 
 of the premises used as a teacher's residence will not be exempt, but 
 must be assessed and rated as heretofore.
 
 404 VOLUNTARY SCHOOLS ACT, 1897. 
 
 As to the term " managers," see sec. 3 of the 33 & 34 Viet., 
 c. 75, ante. 
 
 See Trustees of the Jews Deaf and Dumb Home v. Wandsivorth 
 and Clapham Union Assessment Committee referred to in note to 
 sec. 19 of the 33 & 34 Viet., c. 75, ante. 
 
 Definitions. 
 
 4. In this Act, unless the context otherwise requires 
 
 The expression " voluntary school " means a public 
 elementary day school not provided by a school 
 board: (i) 
 
 Any reference to the number of scholars in schools 
 means the number of scholars in average attendance 
 as computed by the Education Department : 
 
 The expression " local rate " means a rate the proceeds 
 of which are applicable to public local purposes, and 
 which is leviable on the basis of an assessment in 
 respect of the yearly value of property, and includes 
 any sum which, though obtained in the first instance 
 by a precept, certificate, or other instrument requiring 
 payment from some authority or officer, is or can 
 be ultimately raised out of a local rate as before 
 defined : (i) 
 
 Other expressions have the same meaning as in the 
 Elementary Education Acts, 1870 to 1893. 
 
 (i) See note on sec. 3. 
 
 Extent of Act and Short Title. 
 
 5 (i.) This Act shall not extend to Scotland or 
 Ireland. 
 
 (2.) This Act may be cited as the Voluntary Schools 
 Act, 1897.
 
 ( 405 ) 
 
 SCHOOL BOARD CONFERENCE ACT, 1897. 
 (60 & 6 1 VICT., c. 33.) 
 
 AN ACT TO PROVIDE FOR EXPENSES INCURRED BY 
 SCHOOL BOARDS IN RELATION TO SCHOOL BOARD 
 CONFERENCES. 
 
 [6th August, 1897.] 
 
 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 the present Parliament 
 assembled, and by the authority of the same, as follows : 
 
 Payment of School Board Conference Expenses. 
 
 i. (i.) The school board of any district may, subject to 
 regulations made by the Education Department under this 
 Act, pay out of the school fund 
 
 (a) the reasonable expenses of any members of the 
 
 board, or of the clerk to the board, in attending 
 any conference of school boards held for the 
 purpose of discussing any matter connected 
 with the duties devolving upon them ; and 
 
 (b) any reasonable annual or other subscription to- 
 
 wards the expenses of the conference. 
 
 (2.) A school board shall not pay under this Act the 
 expenses of more than three persons attending a school 
 board conference. 
 
 (3.) The Education Department may make such regula- 
 tions as they think fit for regulating payments and the 
 amount of payment by school boards under this Act 
 
 There are statutes providing for conferences of county councils, 
 guardians, and urban and rural district councils. There was no similar 
 provision with respect to conferences of representatives of school 
 boards. Such conferences were held, but, as there was no legal 
 authority for the payment of the expenses of members and clerks of 
 school boards attending, these expenses were disallowed by the district 
 auditors. This Act removed the difficulty which was thus caused. 
 
 This Act is one referring to the Elementary Education Acts, and 
 the reference to a school board, except in the case of the Metropolis,
 
 4O6 SCHOOL BOARD CONFERENCE ACT, 1897. 
 
 is to be construed as a reference to the Local Education Authority : 
 see 2 Edw. 7, c. 42, Third Schedule. 
 
 The Lords of the Committee of the Privy Council on Education, by 
 a minute dated i6th of January, 1898, made the following regulations 
 for regulating payments, and the amount of payments by school boards 
 under this Act : 
 
 1. A school board may pay the actual travelling expenses incurred 
 by any member of the board, or by the clerk of the board, in attending 
 a School Board Conference. 
 
 2. In addition to such actual travelling expenses, a school board 
 may allow to each member or clerk so attending a sum not exceeding 
 
 los. 6d. per diem, when not absent from home at night. 
 I/, is. od. per diem, when absent from home at night, if neces- 
 sary. 
 
 3. The annual subscription paid by the school board of any district 
 towards the expenses of the conference shall not exceed 
 
 i/. is. od. for school boards in districts having a population not 
 
 exceeding 50,000 according to the latest census published. 
 2/. 2s. od. for school boards in districts having a population 
 
 exceeding 50,000 and not exceeding 100,000 according to such 
 
 census. 
 3/. 3-r. od. for school boards in districts having a population 
 
 exceeding 100,000 according to such census. 
 
 (4.) Expressions used in this Act have the same respec- 
 tive meanings as they have in the Elementary Education 
 Acts, 1870 to 1893. 
 
 Short Title. 
 
 2. This Act may be cited as the School Board Confer- 
 ence Act, 1897.
 
 ( 407 ) 
 
 THE ELEMENTARY SCHOOL TEACHERS 
 (SUPERANNUATION) ACT, 1898. 
 
 (6 1 & 62 VICT., c. 57.) 
 
 AN ACT TO PROVIDE FOR SUPERANNUATION AND OTHER 
 ANNUITIES AND ALLOWANCES TO ELEMENTARY 
 SCHOOL TEACHERS CERTIFICATED BY THE EDUCA- 
 TION DEPARTMENT. 
 
 [\2th August, 1898.] 
 
 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 : 
 
 Elementary School Teachers Certificated after 
 Commencement of the Act. 
 
 I. (i.) A teacher certificated after the commencement 
 of this Act shall not be recognized by the Education 
 Department as a certificated teacher until the Department 
 are satisfied in the prescribed manner of his physical 
 capacity, (i) 
 
 (2.) In the case of a teacher who becomes a certificated 
 teacher after the commencement of this Act, the following 
 provisions shall, subject to rules under this Act, apply : 
 (a) His certificate shall expire on his attaining the 
 age of sixty-five years, or if the Education 
 Department, on account of his special fitness, 
 allow his service to continue for a further limited 
 time, then on the expiration of that limited 
 time; (2) 
 
 (<) The teacher shall, while serving in recorded ser- 
 vice, contribute to the deferred annuity fund 
 under this Act at the rate, if a man, of three 
 pounds, and if a woman, of two pounds, a year, 
 or at such increased rate as may for the time 
 being be fixed by the Treasury in accordance 
 with this Act ; (3)
 
 408 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 (c) On his attaining the age of sixty-five years, or on 
 
 any later date at which his certificate expires, 
 he shall be entitled, out of the deferred annuity 
 fund, to such annuity for the remainder of his 
 life in respect of his contributions to that fund 
 as may be fixed by the tables under this Act, 
 but he shall not be entitled to any return of 
 contributions or to any benefits in respect of 
 his contributions other than that annuity ; (4) 
 
 (d) On his attaining the age of sixty-five years, or on 
 
 any later date at which his certificate expires, 
 if he has contributed to the deferred annuity 
 fund in accordance with this Act, and his years 
 of recorded service are not less than half the 
 number of years which have elapsed since he 
 became certificated, the Treasury may grant 
 to him, out of moneys provided by Parliament, 
 an annual superannuation allowance calculated 
 at the rate of ten shillings for each complete 
 year of recorded service. (5) 
 
 (3.) If at any time the Education Department find that 
 the average salaries of the certificated teachers calculated 
 in the prescribed manner exceed by ten per cent., in the 
 case of men one hundred and nineteen pounds thirteen 
 shillings and threepence, or in the case of women seventy- 
 six pounds eleven shillings and ninepence per annum, they 
 shall certify accordingly to the Treasury, and the Treasury 
 may by warrant, in the case of either sex, increase the rate 
 of contribution to the deferred annuity fund under this 
 Act by an amount not exceeding five shillings a year for 
 each full ten per cent, of the excess. (6) 
 
 (4.) Any such certificate may be given and warrant 
 made from time to time, and if in any year the Education 
 Department consider that the average emoluments have 
 been so reduced as no longer to justify any increase of 
 contribution made by any such warrant, they may certify 
 the same to the Treasury, and the Treasury may cancel 
 their warrant accordingly. 
 
 (5.) " Recorded service " for the purposes of this Act 
 shall be such service in the capacity of certificated teacher 
 in a public elementary school, not being an evening school, 
 as is recorded by the Education Department, and may 
 include such service as is so recorded in the capacity, 
 within the meaning of the Education Code, either of a 
 teacher in a training college, or of organizing teacher, or
 
 ACT, 1898. 6 1 & 62 VICT., c. 57, SEC. i. 409 
 
 of teacher of a central class for pupil teachers, or in such 
 other capacity in or connected with public elementary 
 schools as may be for the time being prescribed, or in the 
 capacity of a certificated teacher in a certified reformatory 
 or industrial school ; but no service after the teacher 
 attains the age of sixty-five years, shall be recorded service 
 for the purpose either of contribution to the deferred 
 annuity fund, or of determining the amount of any allow- 
 ance under this Act. (7) 
 
 (i) The Treasury and the Education Department made rules dated 
 the ist of April, 1899, for carrying this Act into effect. The" rules 
 may be cited as the Elementary School Teachers Superannuation 
 Rules, 1899, and in the notes on the provisions of this Act these 
 rules are referred to as the rules under the Act. The rules came into 
 operation at the same time as the commencement of the Act, viz. on 
 the ist of April, 1899. 
 
 A teacher who becomes certificated after the ist of April, 1899, is 
 not to be recognized by the Board of Education as a certificated 
 teacher until the Board are satisfied in the prescribed manner, i.e. 
 prescribed by rules under the Act, of his physical capacity. The 
 expression "certificated teacher," unless the context otherwise re- 
 quires, means a teacher who is recognized under the " Education Code" 
 as a certificated teacher for public elementary schools, and the 
 " Education Code " means such minutes of the Board of Education as 
 are for the time being in force for the purpose of the Elementary 
 Education Act, 1870. See sec. 11. 
 
 The rules under the Act as to evidence of physical capacity are as 
 follows : 
 
 For the purpose of satisfying the Board of Education of his physical 
 capacity a person applying after the commencement of the Act to be 
 recognized by that Department as a certificated teacher must be 
 examined by a medical officer nominated for the time being by the 
 Department. Rule 6 (i). 
 
 Lists of the medical officers so nominated for the time being can 
 be obtained on application to the Board of Education. Rule 6 (2). 
 
 The examination must take place (a) in the case of a person who 
 applies to be examined for a certificate not earlier than the first day 
 of April and not later than the first day of June in the year in which 
 the second year's certificate examination is to take place, (b) in the 
 case of a person who applies to be recognized as a certificated teacher 
 without examination, within the time fixed by the Department when 
 the application for recognition is received. Rule 6 (3). 
 
 With regard to expenses of medical examination it is provided by 
 Rule 34 (i) that a medical officer nominated or chosen by the Board 
 of Education will be bound to make any examination required by the 
 rules on payment of a fee of ten shillings and sixpence ; by rule 34 (2), 
 that the fee and all other expenses incurred by a person offering 
 himself for examination in relation thereto must be paid by him or 
 on his behalf ; and by Rule 34 (3), that a medical officer making a 
 medical examination required under the rules will transmit his report 
 of the result of the examination to the Board of Education. 
 
 It is also necessary that a person applying after the ist of April, 
 
 2 E
 
 41O ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 1899, to be recognized as a certificated teacher should furnish evidence 
 of age, and the rules under the Act provide as follows : 
 
 A person applying after the commencement of the Act to be 
 recognized by the Board of Education as a certificated teacher must 
 produce to the Department evidence of his age, by means of the 
 certificate of a Registrar of Births and Deaths, or, failing such a 
 certificate, by some other means sufficient in the opinion of the 
 Department. Rule 7 (i). 
 
 The evidence must be produced, (a) in the case of a person who 
 applies to be examined for a certificate, at the time of the application 
 to attend the second year's certificate examination ; and (^) in the 
 case of a person who applies to be recognized as a certificated teacher 
 without examination, at the time of the application for recognition 
 Rule 7 (2). 
 
 (2) A teacher who becomes certificated after the ist of April, 1899, 
 will cease to be a certificated teacher on attaining the age of sixty- 
 five years, unless the Board of Education, on account of his special 
 fitness, allow his service to continue for a further limited time, and in 
 that case he ceases to be a certificated teacher at the expiration of 
 that time. No service after the teacher attains the age of sixty- 
 five years will be recorded service for the purpose either of con- 
 tribution to the deferred annuity fund (see sub-sec. 2 (b~) of this 
 section) or of determining the amount of any allowance under the 
 Act (see sub-sec. 5 of this section). 
 
 (3) This sub-section provides as to the contribution of a teacher 
 who becomes certificated after the ist of April, 1899, while serving in 
 " recorded service." As to " recorded sen-ice," see sub-sec. 5 of 
 this section. The contribution to the deferred annuity fund in the 
 case of the certificated teachers referred to is obligatory. A certifi- 
 cated teacher can also, if it is desired, contribute to the fund during 
 any interval not exceeding six months in which such teacher is not 
 employed in recorded service, with the view to that time being 
 reckoned as if it were recorded service. See sec. 6 (i) and notes 
 thereon. 
 
 With regard to the circumstances under which the rate of contri- 
 bution specified in this sub-section, viz. 3/. a year for a man and 2/. 
 a year for a woman, may be increased by the Treasury and the 
 warrant which has been issued for this purpose, see sub-sec. 3 of this 
 section and note thereon. 
 
 It is to be understood that no return of any kind can be made for 
 a teacher's contributions, unless he lives to the age of sixty-five years. 
 The only return which can be then made is the annuity due to 
 himself. Under no circumstances whatever can the teacher or his 
 relations have the contributions or any part of them returned in 
 a lump sum. On the other hand, however few or broken a teacher's 
 contributions may have been, the annuity to which they entitle him 
 will be payable upon his reaching the prescribed age, whether he is 
 then in service or not. 
 
 (4) This sub-section refers to the annuity payable to a teacher who 
 becomes certificated after the ist April, 1899, when he attains the age 
 of sixty-five years, out of the deferred annuity fund, whilst sub-sec, (d) 
 relates to the superannuation allowance payable out of moneys pro- 
 vided by Parliament.
 
 ACT, 1898. 61 & 62 VICT., c. 57, SEC. i. 411 
 
 The amount of the annuity will depend on the number of the 
 contributions of the teacher and the times at which they were paid. 
 
 For tables showing the annuities in the case of men teachers and 
 women teachers see Appendix, pp. 529, 531. 
 
 As to the collection of the contributions to deferred annuity fund, see 
 sec. 3 and notes thereon ; as to payment of annuities and prohibition of 
 assignment of or charge on annuities, see sec. 9 ; and as to punishment 
 for fraud and personation in connection with annuities, see sec. 10. 
 
 Sec. 7 of the Act provides that any question as to the application of 
 the Act to any person, or as to the amount of any annuity or allowance 
 under the Act, or as to the grant, refusal, suspension or cessation of 
 any such allowance shall be referred to the Treasury, and any question 
 as to the reckoning of any service for any purpose of the Act shall be 
 referred to the Board of Education, and the decision of the Treasury 
 or Board of Education on any question so referred shall be final. 
 
 (5) With regard to the superannuation allowance provided for by 
 this sub-section, the Education Department stated as follows : 
 
 The superannuation allowance cannot become payable till a teacher 
 has attained the age of sixty-five years, and it will be in addition to any 
 annuity to which he is entitled. Unlike the annuity, however, it can 
 only be obtained by a teacher whose years of recorded service upon 
 his reaching the age of sixty-five are not less than half the number of 
 years which have elapsed since he became certificated. Thus, a 
 teacher who, at the age of sixty-five, has been certificated for forty- 
 four years must have served twenty-two years in recorded service, if 
 any allowance at all is to be awarded to him. The years of 
 service, however, need not be continuous, nor is a teacher obliged to 
 remain in service up till the age of sixty-five. As soon as he has 
 completed the minimum amount of service required he may, if he 
 chooses, give up teaching. If he lives till the age of sixty-five, the 
 allowance due in respect of his recorded service will be paid to him. 
 
 The allowance is liable to forfeiture, suspension, or reduction, in 
 cases of misconduct (sees. 8 and 10). 
 
 The 'allowance is calculated in the case of a teacher who becomes 
 certificated after the ist of April, 1899, at the rate of los. for each 
 complete year of recorded service. (As to "recorded service," see 
 sub-sec. 5 of this section.) If he serves forty complete years, he 
 may thus be granted an annual superannuation allowance of 2o/. for 
 the remainder of his life. Any fraction of a year over the number of 
 complete years served must be disregarded. 
 
 As to payment of superannuation allowances and prohibition of 
 assignment of or charge on these allowances, see sec. 9 ; as to forfeiture 
 for misconduct, see sec. 8 ; as to punishment for fraud and personation 
 in connection with the allowances, see sec. 10 ; and as to decision 
 by Treasury and Board of Education with regard to questions as to 
 grant, refusal, suspension, or cessation of allowances, &c., see sec. 7. 
 
 With regard to the application of the Act to teachers certificated 
 before the ist April, 1899, see sec. 5. 
 
 (6) As to the rate of contribution to the deferred annuity fund 
 unless the rate of contribution is increased by the Treasury, see sub- 
 sec. 2 (V). By No. 8 of the rules under the Act it is provided with 
 regard to the calculation of average salaries that " The average 
 salaries of certificated teachers shall be calculated for the purpose of 
 sub-sec. 3 of section one of the Act by dividing the total of the sums
 
 412 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 given in the returns made by the managers of schools to the Board 
 of Education as the professional incomes of men and women teachers 
 respectively by the number of men or women teachers in respect of 
 which the returns are so made." 
 
 The Board of Education having certified that during the statistical 
 years 1898-99 and 1899-1900 the average salary of certificated women 
 teachers in England and Wales exceeded the sum of y6/. us. <)d. 
 referred to in the sub-section by more than ten per cent., being as 
 follows, in the year 1898-99, 847. 133. 4^., and in the year 1899-1900, 
 85/,9-y. \d., the Lords Commissioners of H.M. Treasury, by warrant 
 dated 26th December, 1900, determined that from and after the ist of 
 April, 1901, the rate of contribution to the Deferred Annuity Fund should 
 in the case of women teachers be increased from 2/. a year to 2/. <\s. a 
 year, " with (of course) a corresponding increase in such annuities 
 as may be ultimately payable to the teachers out of the fund." 
 
 The Board of Education, in a letter drawing attention to this 
 increase, stated that they would, in accordance with the Treasury 
 warrant, in collecting the contributions of women teachers, calculate 
 them at the rate of 2/. 4s. a year in respect of recorded service from 
 and after the ist of April, 1901. They added : The effect will be that 
 the contributions of women will from the ist April, 1901, be three shillings 
 and eightpence per month instead of three shillings and fourpence 
 as hitherto, and the annuities ultimately payable under sec. i (2) 
 (c) of the Act will be correspondingly increased. 
 
 See also sub-sec. 4 of this section with reference to a subsequent 
 reduction of the rate of contribution to that specified in sub-sec. 2 
 (b) when the circumstances appear to justify it. 
 
 (7) The rules under the Act contain the following provisions as to 
 recorded service : 
 
 Such service as is recorded by the Board of Education in the 
 capacity, within the meaning of the Education Code, either of a 
 teacher in a training college, or of an organizing teacher, or of teacher 
 of a central class of pupil teachers, or of teacher in a certified 
 reformatory or industrial school, will be included for the purpose of the 
 Act as " recorded service." Rule 9(1). 
 
 In addition to such service as is specially mentioned in sub-sec. 5 
 of sec. i of the Act, service in the capacity of teacher in a central 
 class for the instruction of scholars on the registers of public 
 elementary schools in any subject which under the Education Code 
 may be taught off the school premises shall, if recorded by the 
 Board of Education, be recorded service for the purpose of the Act 
 Rule 9 (2). 
 
 The Education Department with reference to the sub-section and 
 the above mentioned rule stated as follows : 
 
 In order to be eligible for the benefits of the Act, a person must (i.) 
 be a teacher who is recognized under the Education Code as a 
 certificated teacher for public elementary schools ; (ii.) serve in recorded 
 service. 
 
 "Recorded service" is defined by sec. I (5) of the Act, together 
 with Rule 9 of the Rules under the Act ; and the effect of the provisions 
 made therein is to include as recorded service, service in the following 
 capacities : 
 
 (a) Of a teacher in a Public Elementary Day School (including 
 Schools for the Blind and Deaf certified by the Education Depart- 
 ment and Certified Efficient Schools).
 
 ACT, 1898. 6l & 62 V1CT., C. 57, SEC. 2. 413 
 
 (b) Of a teacher in a Training College - - - J within the 
 
 (c) Of an organizing teacher - - > meaning of 
 
 (</) Of a teacher of a Central Class for Pupil-teachers ) the Code. 
 
 (<?) Of a teacher of a Central Class in any of the subjects in which 
 the attendances of scholars are registered for the purpose of Article 
 12 (f.) of the Code. 
 
 (f) Of a teacher in a Certified Reformatory or Industrial School. 
 
 Recorded service is also limited in point of the time during which it 
 may continue ; no service after a teacher attains the age of sixty-five 
 years can be recorded service for the purpose of the Act. 
 
 Allowances to Incapacitated Teachers. 
 
 2. (i.) Where a teacher satisfies the Treasury in the 
 prescribed manner that he 
 
 (a) has served a number of years of recorded service 
 not less than ten and not less than half the 
 years which have elapsed since he became 
 certificated ; and 
 
 () has not at the date of the application been for 
 more than the prescribed time unemployed in 
 recorded service ; and 
 
 (c) has become permanently incapable, owing to 
 infirmity of mind or body, of being an efficient 
 teacher in a public elementary school ; and 
 (d} is not excluded by the prescribed disqualifica- 
 tions ; 
 
 the Treasury may, subject to the prescribed conditions and 
 to the provisions of this Act, grant to such teacher out of 
 moneys provided by Parliament an annual allowance (in 
 this Act called " a disablement allowance ") not ex- 
 ceeding 
 
 (a) if the teacher is a man, twenty pounds for ten 
 complete years of recorded service, with the 
 addition of one pound for each complete 
 additional year of recorded service ; and 
 ($) if the teacher is a woman, fifteen pounds for ten 
 complete years of recorded service, with the 
 addition of thirteen shillings and fourpence for 
 each complete additional year of recorded 
 service ; and 
 
 (c) in any case, the total annual sum which the teacher 
 might obtain from an annuity and superannua- 
 tion allowance under this Act by continuing to 
 serve until the age of sixty-five years. 
 (2.) If the grantee of a disablement allowance attains
 
 41 4 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 the age of sixty-five years, any annuity which would other- 
 wise be payable to the grantee out of the deferred annuity 
 fund shall, except where the allowance has ceased by 
 reason of the grantee being again employed as a teacher in 
 recorded service, be paid to the Treasury and applied as 
 they direct towards the payment of disablement allowances, 
 and, in that case, the Treasury shall not award any 
 superannuation allowance to the grantee. 
 
 (3.) A disablement allowance shall be reconsidered by 
 the Treasury at intervals not exceeding three years ; and 
 the rules shall provide for the suspension, cessation, or 
 reduction of the allowance in whole or in part, if the pre- 
 scribed conditions are not complied with or the prescribed 
 disqualifications apply, and those disqualifications shall 
 deal with the cases of persons who have caused or increased 
 their infirmity by their own misconduct or default, or who 
 marry or cease to be incapable, or become in such a position 
 as not to be in pecuniary need of the allowance. 
 
 This section refers to teachers certificated after the ist of April 
 1 899. See sec. 5 as to the application of these provisions to teachers 
 who became certificated teachers before that day. 
 
 The following are the rules under the Act with regard to disable- 
 ment allowances : 
 
 Mode of making Application for a Disablement Allowance. 
 An application by a teacher for a disablement allowance must be 
 made by him to the Treasury through the Board of Education, but if 
 the teacher is of unsound mind, or otherwise unable, in the opinion 
 of the Board of Education, to make the application himself, the appli- 
 cation may be made by any other person on his behalf. Rule 15 (i). 
 
 The application must be sent to the Board of Education, and if 
 made in manner required by this rule will be submitted by them to 
 the Treasury. Rule 15 (2). 
 
 Where an application is made on behalf of a teacher by another 
 person, the reasons for the application not being made by the teacher 
 himself must be stated in the application, and the Board of Education 
 may refuse to submit any application to the Treasury if those reasons 
 are not in their opinion sufficient. Rule 15 (3). 
 
 The Board of Education will, as soon as may be, inform a teacher 
 applying for a disablement allowance, or any person making an appli- 
 cation on behalf of a teacher, of the decision of the Treasury with 
 regard to the application, and will also inform the managers of the 
 school at which the teacher was last employed. Rule 1 5 (4). 
 
 Medical Examination and Report. A teacher applying for a disable- 
 ment allowance must, except as otherwise provided by this rule, submit 
 himself for special medical examination to a medical officer chosen 
 by the Board of Education, whose name and address will be given 
 to the teacher by that Department. Rule 16 (i). 
 
 (With reference to the rules under the Act as to expenses of medical 
 examination, see Rule 34 in note to sec. I (i) of the Act.)
 
 ACT, 1898. 6 1 & 62 VICT., C. 57, SEC. 2. 415 
 
 Where a teacher is an inmate of a public lunatic asylum, a special 
 medical examination will be dispensed with, and the report of the 
 medical officer of the asylum will be accepted by the Board of Educa- 
 tion in lieu of the report of the medical officer chosen by that Depart- 
 ment. Rule 16 (2). 
 
 The Board of Education may also dispense with the special medical 
 examination in any case in which a medical report sufficient in their 
 opinion is furnished to them as to the condition of the teacher, and in 
 which they are satisfied that the special medical examination is owing 
 to exceptional circumstances inexpedient or impracticable, and may 
 accept the medical report so furnished in lieu of the report of the 
 medical officer chosen by the Board of Education. Rule 16 (3). 
 
 The report under this rule of a medical officer chosen by the Board 
 of Education, and any medical report accepted by the Board of Educa- 
 tion in lieu thereof, must state, (a) whether in the opinion of the 
 person making the report the teacher has or has not become per- 
 manently incapable owing to infirmity of mind or body of being an 
 efficient teacher in a public elementary school ; and (b) whether in 
 the opinion of the person making the report the infirmity of the teacher 
 has or has not been caused or increased by the teacher's own 
 misconduct or default. Rule 16 (4). 
 
 Information to be Furnished as to Certain Matters. A teacher 
 applying for a disablement allowance, or if the application 
 is made on behalf of the teacher by any other person, the person 
 making the application must furnish to the Board of Education a 
 statement stating particulars, (a) as to the number of years of teacher's 
 recorded service, and the number of years which have elapsed since 
 the teacher became certificated ; and (b) as to the dates on which any 
 periods of recorded service have commenced and ended ; and (c) 
 as to the pecuniary circumstances of the teacher ; and (d) if the 
 teacher is a woman, as to whether the teacher is or has been married 
 or not. Rule 17 (i). 
 
 The Board of Education may in any case require the statement to 
 be verified by further evidence, or by a statutory declaration or other- 
 wise in such manner as they think fit. Rule 17 (2). 
 
 Medical Report, Particulars, and Certificate to be submitted to 
 Treastiry. The Board of Education on submitting an application for 
 a disablement allowance to the Treasury shall submit to them the 
 report of the medical officer after the special medical examination 
 required by these rules, or the medical report accepted in lieu thereof, 
 and the statement of particulars furnished to them by the teacher, and 
 shall also submit their own report upon the case. Rule 18 (i). 
 
 The Board of Education shall certify to the Treasury, (a) whether 
 the teacher has served a number of years of recorded service not less than 
 ten, and not less than half the years which have elapsed since he 
 became certificated or not ; and (b} whether the teacher has at the date 
 of the application been for more than the time fixed by these rules 
 unemployed in recorded service or not. Rule 18 (2). 
 
 Matters of which Treasury are to be satisfied. Before granting 
 a disablement allowance the Treasury must be satisfied by the 
 certificate of the Board of Education, () that the teacher has 
 served a number of years of recorded service not less than 
 ten, and not less than half the years which have elapsed since he 
 became certificated ; and (b) that the teacher has not at the date of the 
 application been for more than the time fixed by these rules unem- 
 ployed in recorded service ; and must also be satisfied that the teacher
 
 416 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 has become permanently incapable, owing to infirmity of mind or body, 
 of being an efficient teacher in a public elementary school, and is not 
 excluded by the disqualifications provided by these rules. Rule 19 (i). 
 Period during which Teacher has been Unemployed at Date of Appli- 
 cation. The time during which a teacher, in order to obtain a disable- 
 ment allowance, must not at the date of the application for the allowance 
 have been unemployed in recorded service is one year, or such 
 extended time as the Treasury on the report of the Board of Educa- 
 tion may allow in cases where they are satisfied that there is a suffi- 
 cient cause for an application not having been made within one year 
 after the termination of the teacher's recorded service. Rule 20. 
 
 Disqualifications for Disablement Allowance. The following dis- 
 qualifications shall have effect as regards the grant of disablement 
 allowances : 
 
 (i.) A teacher shall be disqualified for the grant of an allowance if 
 he is not in pecuniary need of it, and shall be disqualified for 
 a grant of part of an allowance if he is not in pecuniary need 
 of that part. 
 
 (2.) A teacher shall be disqualified for the grant of an allowance if 
 his infirmity has been wholly caused by his own misconduct 
 or default, and, if his infirmity though not wholly so caused 
 has been increased by his own misconduct or default, shall be 
 disqualified for the grant of such part of the allowance as the 
 Treasury think fit. 
 
 (3.) A teacher who is a woman and has married since her last 
 employment in recorded service shall be disqualified for the 
 grant of an allowance. Rule 21. 
 
 Payment of Disablement Allowances. A disablement allowance, if 
 granted, will be payable from the date on which the application 
 reached the Board of Education, or from the date on which the teacher's 
 paid service has ceased, whichever is the later date. Rule 22 (i). 
 
 Service after the date on which the application for a disablement 
 allowance has reached the Board of Education will not be 
 reckoned as recorded service for the purpose of that allowance. 
 Rule 22 (2). 
 
 Provision as to Discontinuance of Allowance. The Treasury 
 may suspend, determine, or reduce any disablement allowance, 
 if at any time after the grant thereof, whether on the periodical 
 reconsideration of the allowance or not, they are satisfied that 
 any of the following disqualifications apply, namely, (a) that the 
 teacher has ceased to be incapable owing to infirmity of mind or body, 
 of being an efficient teacher in a public elementary school; (b] that 
 the teacher has ceased to be in pecuniary need of the allowance, or 
 of any part of it ; (c) that the teacher, if a woman, has married. 
 Rule 23 (i). 
 
 Any application on behalf of a teacher for the resumption of the pay- 
 ment of a disablement allowance which has been suspended, shall be 
 made to the Treasury through the Board of Education. Rule 23 (2). 
 Documents to be sent for the Periodical Reconsideration of the Allow- 
 ance. For the purpose of the periodical reconsideration of a disable- 
 ment allowance, the following documents shall be sent by or on behalf 
 of the teacher in receipt of the allowance to the Treasury through the 
 Paymaster-General before the day for the quarterly payment which 
 comes next before each completed period of three years from the com- 
 mencement of the allowance : (a) A certificate of a qualified medical 
 practitioner stating whether or not the teacher is still incapable owing
 
 ACT, 1898. 6l & 62 VICT., C. 57, SEC. 3. 417 
 
 infirmity of mind or body of being an efficient teacher in a public 
 elementary school ; (b) A statement of the teacher's income from all 
 sources ; (c) A statement by the teacher, or in the case of his being of 
 unsound mind or practically incapable of making the declaration, by 
 some person on his behalf, (i.) that the circumstances of the teacher 
 are such that he is still in pecuniary need of the allowance ; and (ii.) 
 that the teacher, if a woman, has not married during the period to 
 which the documents relate. Rule 24 (i). 
 
 A disablement allowance is granted on the condition that the re- 
 quirements of these rules as to the sending of documents for the pur- 
 pose of the periodical reconsideration of the allowance are complied 
 with, and if those requirements are not complied with, the Treasury 
 may suspend, determine, or reduce the allowance as they think fit. 
 Rule 24 (2). 
 
 With respect to the provision in sec. 2 (3) as to the reconsideration 
 of disablement allowances and the cases of persons who become in 
 such a position as not to be in pecuniary need of the allowance, the 
 Education Department stated as follows : My Lords do not regard 
 the words " not being in pecuniary need " as applicable to a teacher 
 on the sole ground that he or she has laid by some savings out of his 
 or her professional income. They read the words as limited to persons, 
 who, from whatever cause, are so well off as to be obviously improper 
 subjects for a compassionate allowance from the State. Similarly 
 unless in exceptional circumstances My Lords consider that the fact 
 of a teacher's husband or wife being in receipt of a professional income 
 should not be taken into consideration in dealing with an application 
 for a disablement pension. The only object of the above limitation 
 is to guard against serious abuse in the administration of public 
 funds. 
 
 With regard to the forfeiture of disablement allowances, see sec. 8 ; 
 as to payment of allowances and the prohibition of assignment of or 
 charge on allowances, sec. 9 ; as to the decision of the Treasury and 
 Board of Education with regard to allowances, sec. 7 ; and as to punish- 
 ment for fraud and personation in connection with the allowances, 
 sec. 10. 
 
 Collection of Contributions and Deferred Annuity Fund 
 arising therefrom. 
 
 3. (i.) The contributions under this Act from certifi- 
 cated teachers shall be paid to the Education Department 
 at the prescribed time, and in the prescribed manner by 
 the teachers or their employers; and the receipt of the 
 Education Department for the amount of a contribution 
 paid by the employer of a teacher shall be a good dis- 
 charge for the like amount of remuneration otherwise 
 payable to the teacher. 
 
 (2.) The contributions so received by the Education 
 Department shall be paid to the National Debt Com- 
 missioners, and be invested by them so as to form a fund, 
 in this Act referred to as "the deferred annuity fund."
 
 41 8 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 (3.) The National Debt Commissioners shall pay out 
 of the fund to the Treasury the sums required by the 
 Treasury for the payment of annuities under this Act, 
 but otherwise shall invest the contributions, and all income 
 of the fund for the time being, in any securities in which 
 money held by the Commissioners on account of savings 
 banks may be invested. 
 
 (4.) Separate subsidiary funds shall be kept in respect 
 of the contributions and annuities of men and women 
 teachers respectively, and any part of the assets of one 
 subsidiary fund may be used for meeting the liabilities of 
 the other, and in that case the amount lent by the one to 
 the other shall be a debt bearing interest at the rate used 
 for the computation of the tables for the time being in 
 force under this Act. 
 
 (5.) A return showing the state of the fund at the end 
 of every financial year, distinguishing the said accounts, 
 shall be annually laid before Parliament. 
 
 (6.) At the end of every seven years an actuarial inquiry 
 into and report upon the assets and liabilities of the fund 
 shall be made under the direction of the Treasury and the 
 Education Department, and the report shall be laid before 
 Parliament. 
 
 As to the contributions to be made to the deferred annuity fund, 
 see sec. I (2) (b) and sees, i (3) and I (4). 
 
 The rules under the Act with regard to the payment of contributions 
 are as follows : 
 
 Deductions from Annual Grant in the case of Teachers in Schools, 
 <Sr-v., to which a grant is made. The Board of Education shall deduct 
 from any grant payable by them to any public elementary school at 
 the close of any school year an amount equal to the contributions due 
 from the certificated teachers employed in the school for that year or 
 any part of that year in which they have been so employed. Rule 
 10(1). 
 
 (The expression " school year " means the year or other period for 
 which an annual parliamentary grant is for the time being paid or 
 payable under the Education Code.) 
 
 The Board of Education shall similarly deduct from any grant pay- 
 able by them to any residential training college at the close of the 
 year for which the college accounts are made up an amount equal to 
 the contributions due from the certificated teachers employed in the 
 college for that year or any part of that year in which they have been 
 so employed. Rule 10 (2). 
 
 The Secretary of State shall deduct, from any grant payable by him 
 to any reformatory or industrial school at the close of the year ending 
 the 3oth day of September, an amount equal to the contributions due 
 from the certificated teachers employed in the school for that year, or 
 any part of that year in which they have been so employed, and shall 
 pay the amount so deducted to the Board of Education. Rule 10 (3).
 
 ACT, 1898. 6 1 & 62 VICT., C. 57, SEC. 3. 419 
 
 The Board of Education or Secretary of State in forwarding any 
 grant payable by them to the managers of the school or college shall 
 forward with it the receipt of the Board of Education for the deduc- 
 tions made, specifying separately the deduction made on account of 
 each teacher, and the managers of the school or college shall, if 
 required by any such teacher within one year of the receipt being so 
 forwarded, give the teacher a- copy of so much of the receipt as relates 
 to him. Rule 10 (4). 
 
 The contributions so deducted shall be treated for the purpose of 
 the tables under sec. 4 of the Act as having been paid in the case of 
 teachers in public elementary schools in receipt of a grant from the 
 Board of Education on the day following the end of the school year, 
 and in the case of teachers in residential training colleges on the first 
 day of July before the date of the payment of the grant from which 
 the contribution is deducted, and in the case of teachers in reformatory 
 and industrial schools on the day following the close of the year for 
 which the deductions are made. Rule 10 (5). 
 
 When a teacher becomes entitled to an annuity, any contributions 
 due from him which, but for this provision, would have been made by 
 deduction shall not be so made by deduction, but shall be paid direct 
 by the teacher to the Board of Education. Rule 10 (6). 
 
 No deductions on account of contributions will be made until the 
 expiration of six months after the commencement of these rules, and 
 accordingly the first deductions made under these rules will be made 
 in respect of contributions due during the period between the com- 
 mencement of the Act and the end of the first school year or other 
 period when deductions are made. Rule 10 (7). 
 
 Where a teacher's contribution should be paid by means of a 
 deduction under this rule no other mode of payment will be recognized, 
 and no sum paid on account of any such contribution direct to the 
 Board of Education or otherwise than by means of the deduction will 
 be received by the Department, except in a case where the deduction 
 should have, but has not actually, been made. Rule 10 (8j. 
 
 Payment of Contributions in case of other Teachers. Where a 
 teacher is employed in recorded service which is not service in 
 respect of which deductions for contributions can be made under 
 the preceding rule, he must send notice of the fact that he is so 
 employed to the Board of Education, if possible, before the fifteenth 
 day of August in each year during which or part of which the employ- 
 ment continues, and shall while he is so employed directly or through 
 his employers send to the Board of Education before the fifteenth day 
 of September in any year the amount due on account of his contribu- 
 tion up to the thirty-first day of July in that year. Rule 1 1 (i). 
 
 A teacher so employed shall give to the Board of Education such 
 information with regard to his employment as they may require. 
 Rule ii (2). 
 
 Any contributions so paid before the fifteenth day of September in 
 any year shall be treated for the purpose of the tables under sec. 4 of 
 the Act as having been paid on the previous first day of August. 
 Rule 1 1 (3). 
 
 Provision where Payments in respect of Contributions ha-ve not been 
 made. Where a payment on account of a contribution has not been 
 made in accordance with these rules by reason either of a deduction not 
 having been made when it should have been made, or of the omission 
 of the teacher to make a contribution, or otherwise, the teacher from 
 whom the contribution is due shall either pay the amount due direct
 
 420 ELEMENTARY SCHOOL TEACHERS (.SUPERANNUATION) 
 
 to the Board of Education, or, if he is employed in a public elementary 
 school or a residential training college in receipt of a grant, authorize 
 the Department, or in the case of reformatory or industrial schools, 
 the Secretary of State to add the amount so due to the deduction next 
 made on account of his contribution. Rule 12 (i). 
 
 Any contribution paid under this rule direct to the Board of Educa- 
 tion shall be treated for the purpose of the tables under sec. 4 of the 
 Act as having been paid on the day on which it is received. Rule 
 
 12 (2). 
 
 Intervals of Recorded Service. A certificated teacher shall be 
 permitted to pay contributions in respect of any interval not being 
 longer than six months between his employments in recorded service, 
 and, where contributions are so paid in respect of any such interval, 
 that interval shall, for the purpose of determining the amount of any 
 annuity or allowance, be reckoned as recorded service. Rule 13 (i). 
 
 Where a teacher desires to pay any such contributions in respect of 
 an interval, he shall, on resuming recorded service, give notice to the 
 Board of Education that contributions are to be paid in respect of the 
 interval, and the amount of contributions so due shall be added to 
 the payment or deduction next made on account of contributions. 
 Rule 13 (2). 
 
 Estimating Amount of Contributions for Periods less than a Year. 
 In estimating the amount of contributions to be paid or deducted for 
 a period of recorded service less than a full year, one-twelfth part 
 of the annual contribution shall be paid or deducted for each month, 
 or part of a month not less than fifteen days, of recorded service com- 
 pleted, but no payment or deduction shall be made or accepted for 
 any part of a month less than fifteen days of such recorded service. 
 Rule 14. 
 
 With regard to the last-mentioned rule (14) the Education Depart- 
 ment stated : In applying that rule it may be useful to explain that 
 in calculating the number of months' contribution due in respect of 
 a period of recorded service beginning in the course of one of the 
 months of the year (January, February, &c.), and ending in another, 
 the total number of complete months in the period reckoned from its 
 first day should first be counted, and then a month added if the odd 
 days left number fifteen or more. 
 
 For example, suppose the period is 2Oth April to the loth September, 
 inclusive, the contribution would be due for five months. For loth 
 April to the 2oth September it would be likewise for five months. For 
 loth April to the 24th September it would be for six months (five 
 months, fifteen days). Suppose the period is I7th April to the 3ist 
 July, the contribution would be due for four months (i/th April to the 
 1 6th July = three months, and iyth July to the 3ist July = fifteen days). 
 
 Tables of Deferred Annuities. 
 
 4. (i.) The Treasury shall cause tables to be con- 
 structed, showing the amount of annuity payable out of 
 the deferred annuity fund to men and women teachers 
 respectively in respect of the contributions made by them 
 from time to time under this Act, and so framed as to 
 secure the fund against loss.
 
 ACT, 1898. 6 1 & 62 VICT., C. 57, SEC. 5. 421 
 
 (2.) If it appears from any actuarial report under this 
 Act that the assets and liabilities of either account of the 
 fund are such as either to require a reduction or to justify 
 an increase of the annuities, the Treasury may cause fresh 
 tables to be constructed, and those tables, when approved 
 by the Treasury, shall come into force and shall be laid 
 before Parliament, and the former tables shall cease to 
 be in force, and so on from time to time as occasion 
 requires. 
 
 For the annuity tables which have been prepared in accordance with 
 the requirements of this section, see pp. 529, 531. 
 
 Application of Act to existing Teachers. 
 
 5. With respect to the application of this Act to certifi- 
 cated teachers who became certificated before the com- 
 mencement of this Act (in this Act referred to as " existing 
 teachers ") the following provisions shall have effect : 
 
 (i.) The Education Department shall, in the prescribed 
 manner, give to each existing teacher the option, within 
 the prescribed time, not being more than one year after the 
 commencement of this Act, of accepting, in the prescribed 
 manner, this Act. (i) 
 
 (2.) If any existing teacher does not so accept this Act, 
 it shall not apply to him. If an existing teacher does so 
 accept this Act, it shall apply to him with the following 
 modifications ; that is to say : 
 
 (a) The rate of ten shillings upon which the super- 
 annuation allowance is calculated may be 
 augmented in the case of a man by threepence, 
 and in the case of a woman by twopence, for 
 each complete year of recorded service served 
 before the commencement of this Act ; (2) 
 (b} If the teacher has at the date of the acceptance 
 attained the age of sixty-five years or any 
 greater age, and has served in recorded service 
 throughout the seven years next before the 
 commencement of this Act, the provisions with 
 respect to the expiration of the certificate shall 
 apply as if the date of the acceptance were 
 substituted for the date at which the teacher 
 attained the age of sixty-five years ; (3) 
 (c) If the teacher has not at the date of the acceptance 
 attained the said age, he must serve in recorded
 
 422 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 service after the commencement of this Act, 
 and where, during any part of the seven years 
 next before the commencement of this Act, he 
 was not in recorded service, the duration of the 
 recorded service after the commencement of 
 this Act must not be less than the said part of 
 the seven years. (4) 
 
 (3.) Nothing in this section shall authorize the grant of 
 any allowance to any teacher who at the commencement 
 of this Act is in receipt of a pension out of moneys pro- 
 vided by Parliament for the service of education. (5) 
 
 (1) The rules which were made as to the option of existing teachers 
 to accept Act, were as follows : 
 
 The Board of Education shall as soon as may be give to each 
 existing teacher the option of accepting the Act {i) by sending to 
 any such teacher whom they know to be employed in recorded service 
 a form of option ; and (ii) by supplying any existing teacher who 
 applies for such a form, or for information as to the exercise of the 
 option, with such a form. Rule 31 (i). 
 
 The Board of Education shall also cause notices to be published by 
 advertisement in such papers as they think fit calling the attention of 
 existing teachers to their option under the Act. Rule 31 (2). 
 
 If a teacher wishes to accept the Act he must give notice of his 
 acceptance to the Board of Education on the form provided for the 
 purpose within six months after the commencement of the Act ; but 
 the Board of Education may accept any such notice (if given within 
 one year after the commencement of the Act) in any case in which in 
 the opinion of the Board of Education there was a reasonable cause 
 for the omission to give the notice within the six months. Rule 
 
 32 (I)- 
 
 A teacher shall be taken to have accepted the Act as from the date 
 on which the notice of acceptance is posted. Rule 32 (2). 
 
 The Board of Education may require any existing teacher who 
 accepts the Act to furnish evidence of age satisfactory to the Depart- 
 ment, and the Treasury may refuse to pay any annuity or allowance 
 to a teacher who has failed to comply with any requirement of the 
 Board of Education under this rule. Rule 33. 
 
 With regard to the effect of the acceptance of the Act on the dura- 
 tion of the certificate of a teacher who was certificated before the ist 
 of April, 1899, the Education Department in a memorandum explana- 
 tory of the provisions of the Act, said : " The certificate of a teacher who 
 is 65 years of age or over at the date of his acceptance, and is eligible 
 for the benefits of the Act, will expire on the date of his acceptance, 
 unless the Education Department on account of his special fitness 
 allow his service to continue for a further limited time, and subject to 
 the same exception, the certificate of a teacher who is under 65 years 
 of age at the date of acceptance, and who is eligible for the benefits of 
 the Act, will expire on his 65th birthday." 
 
 (2) With respect to the provision that the rate of ten shillings may 
 be augmented in the case of a man by threepence, and in the case of a
 
 ACT, 1898. 6 1 & 62 VICT., C. 57, SEC. 5. 423 
 
 woman by twopence, for each complete year of recorded service served 
 before the commencement of the Act, the Education Department 
 said : " The effect of this provision is that the allowance for each 
 year of service in the case of an existing teacher is For men, icw. + 
 yi. x number of complete years of service before ist April, 1899. 
 For women, los. + ~2d. x number of complete years of service before 
 ist April, 1899." 
 
 The annual pension due to masters at the age of 65 will thus be 
 found by adding to los. as many threepences as years of service 
 previous to ist April, 1899, and multiplying the sum thus obtained by 
 the total number of years of service, whether before or after ist April, 
 1899. The annual pension due to mistresses will be found similarly, 
 2d. being substituted for 3^. 
 
 (3) For provisions as to the expiration of the certificate, see sec. 
 
 I (2) (a}. 
 
 (4) With respect to the provisions in 2 (c), the Education Depart- 
 ment in a circular addressed to teachers as to their option under this 
 section stated as follows : 
 
 "This clause defines the length of the recorded service after ist 
 April, 1899, which a teacher to whom it applies must complete before 
 he can become eligible for any benefits under the Act. What the 
 length of such service is in any individual case depends upon the 
 answer to the question, During what part of the seven years from ist 
 April, 1892, to 3 ist March, 1899 (inclusive), has the teacher not been 
 employed in recorded service ? If the answer is, ' During six months,' 
 then he must serve six months after the commencement of the Act ; if 
 the answer is, ' Two years,' then two years is the required length of 
 service ; and so on up to seven years, which is the full term of service 
 required for all teachers who have not been employed at all in recorded 
 service during the last seven years or longer. 
 
 " As it is impossible for a teacher to serve in recorded service after 
 he has attained the age of sixty-five years, the interval of non-employ- 
 ment during the seven years immediately preceding the ist April, 
 1899, must not exceed the interval between ist April, 1899, an d his 
 sixty-fifth birthday. Otherwise, the time left to him will be too short 
 for the fulfilment of the condition explained in the preceding paragraph. 
 Thus, a teacher who is sixty-three years of age at the date when he 
 might accept the Act, and has not been employed in recorded service 
 during three years out of the seven immediately preceding ist April, 
 1899, cannot complete the three years of recorded service after ist 
 April, 1899, which are required, and accordingly he must be absolutely 
 shut out from the benefits of the Act. 
 
 " It is important to observe that a teacher may accept the Act and 
 ultimately benefit under it, though he may not be serving in recorded 
 service at the date of acceptance ; and acceptance does not bind 
 teachers to resume service immediately or at any future time, unless 
 they wish to do so. For example, a woman-teacher who has retired 
 from service some years ago on account of marriage, may accept the 
 Act. If she never resumes service, she will not of course benefit ; but 
 if she should at any future time find it necessary to return to recorded 
 service, her acceptance will secure that such service counts towards 
 fulfilment of the preliminary condition laid down in section 5 (2) (c) of 
 the Act, which has been explained above, as well as of the other con- 
 ditions attached to the benefits of the Act.
 
 424 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 (5) See provisions in Art. 130 of Day School Code as to pensions. 
 No person will be eligible for a pension under the Code who has 
 accepted the Elementary School Teachers (Superannuation) Act. 
 Provided that if a person who has accepted the Act is proved to the 
 satisfaction of the Board of Education to be unable to qualify for an 
 allowance under the Act he may be granted a pension under this 
 Article not exceeding 2o/. per annum. 
 
 Rules. 
 
 6. (r.) The Treasury and the Education Department 
 may make rules for carrying into effect this Act, and shall 
 provide thereby 
 
 (a) for permitting certificated teachers to pay contribu- 
 
 tions to the deferred annuity fund during any 
 interval not exceeding six months in which 
 they are not employed in recorded service, and 
 for reckoning the time in respect of which 
 such contributions are made, as if it were re- 
 corded service ; (i) 
 
 (b) for the application of an annuity or allowance 
 
 under this Act when payable to a person who 
 is of unsound mind, or otherwise incapable of 
 giving a receipt. (2) 
 
 (c} for the suspension of all or any part of an allow- 
 ance when the grantee is wholly or partly 
 maintained out of any public money ; and (3) 
 (d} for the payment of any sum under one hundred 
 pounds due on the death of a person without 
 the production of probate or other proof of the 
 title of the personal representative of such 
 person. (4) 
 
 (2.) All rules made under this section shall be laid, as 
 soon as may be, before both Houses of Parliament. 
 
 (1) For rules on this subject, see Rule 13 (i) and (2) in note to 
 sec. 3. 
 
 (2) See Rule 29 in note to sec. 9. 
 
 (3) See Rule 30 in note to sec. 9. 
 
 (4) See Rule 28 as to payments on death of teacher in note to sec. 9. 
 
 Decision of Treasury and Education Department. 
 
 7. Any question which arises as to the application of any 
 section of this Act to any person, or as to the amount 
 of any annuity or allowance under this Act, or as to the.
 
 ACT, 1898. 6l & 62 VICT., C. 57, SEC. 9. 425 
 
 grant, refusal, suspension, or cessation of any such allow- 
 ance, shall be referred to the Treasury, and any question 
 as to the reckoning of any service for any purpose of this 
 Act shall be referred to the Education Department, and 
 the decision of the Treasury or Education Department on 
 any question so referred shall be final. 
 
 Forfeiture for Misconduct. 
 
 8. (i.) Where the certificate of a teacher is suspended 
 or cancelled by the Education Department, the teacher 
 shall not be entitled to any disablement allowance under 
 this Act unless the certificate is restored by the Department. 
 
 (2.) Where the Education Department certify to the 
 Treasury that a recipient of any superannuation allowance, 
 or disablement allowance under this Act, has been proved 
 to them to have been guilty of any act or conduct which, 
 if he had continued to serve as a teacher, would have 
 justified them in suspending or cancelling his certificate, 
 the Treasury shall suspend or determine the allowance in 
 whole or in part. 
 
 As to Payment and Assignment of Annuities and 
 A llowances. 
 
 9. (i.) Every annuity and allowance under this Act 
 shall be payable quarterly at such times and payable and 
 apportionable in such manner as the Treasury may fix. 
 
 (2.) Every assignment of or charge on, and every agree- 
 ment to assign or charge, any annuity or allowance to a 
 teacher under this Act, whether payable presently or at 
 some future date, shall be void, and on the bankruptcy of 
 the teacher the annuity or allowance shall not pass to any 
 trustee or other person acting on behalf of the creditors, 
 but this provision shall be without prejudice to any order 
 of the Court made under sec. 53 of the Bankruptcy Act, 
 1883, or any corresponding enactment in Scotland or 
 Ireland. 
 
 The Rules under the Act as to payment of annuities and allowances 
 and payment on death or incapacity of teacher are as follows : 
 
 Where a teacher claims to be entitled to an annuity, he must send 
 to the Treasury, through the Board of Education, an application for 
 the payment of the annuity, and, if he wishes for the grant of an 
 annual superannuation allowance, for the grant of that allowance and 
 shall send with the application particulars as to his age and his years 
 of recorded service since he became certificated. Rule 25 (i). 
 
 2 F
 
 426 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 As soon as the Treasury are satisfied that the teacher applying for 
 the payment of an annuity is entitled to the annuity, they will direct 
 the Paymaster-General to pay the annuity in manner provided by 
 these rules, and send notice to the teacher through the Board of Educa- 
 tion that the direction has been given. Rule 25 (2). 
 
 The Treasury will, as soon as may be, through the Board of Educa- 
 tion, send notice to the teacher applying for the grant of an annual 
 superannuation allowance of their decision in the matter, and if the 
 allowance is granted will direct the Paymaster-General to pay the 
 allowance in manner provided by these rules. Rule 25 (3). 
 
 A teacher making an application under this section must give the 
 Treasury any information they may require in addition to the particulars 
 furnished by him on his application. Rule 25 (4). 
 
 An annuity or allowance under the Act shall be considered as 
 accruing from day to day, but shall be payable by equal quarterly 
 payments at the close of each quarter ending on the quarter days 
 mentioned in this rule. Rule 26 (i). 
 
 Where an annuity or allowance begins or ends during a quarter, an 
 apportioned part of the annuity or allowance shall be payable on the 
 quarter day after the annuity or allowance has begun or ended, calcu- 
 lated according to the number of days in the quarter. Rule 26 (2). 
 
 The quarter days for the purpose of this rule are the thirty-first day 
 of March, the thirtieth day of June, the thirtieth day of September, 
 and the thirty-first day of December. Rule 26 (3). 
 
 Payments on account of annuities or allowances under the Act will 
 be made by the Paymaster-General, and, if the Paymaster-General 
 makes arrangements for the purpose, may be made locally. Rule 
 26 (4). 
 
 Such evidence of the life and identity of a teacher must be produced 
 to the Paymaster-General as he may require before making any pay- 
 ment to or on account of the teacher. Rule 26 (5). 
 
 No sum will be paid on account of any annuity or allowance to a 
 teacher, unless all the contributions due from him in respect of the 
 annuity have been fully paid. Rule 27. 
 
 Payments on Death or Incapacity of Teacher. Where on the death of 
 any teacher any sum is due to his estate on account of any annuity or 
 allowance under the Act, the Treasury may, if probate or other proof 
 of the title of the personal representative of the teacher is not produced 
 to them within three months of the death, authorize the Paymaster- 
 General to pay the sum due to, or distribute it amongst the persons 
 appearing to the Treasury to be beneficially entitled to the personal 
 estate of the teacher, and the Treasury and the Paymaster-General 
 shall be discharged from any liability in respect of such payment or 
 distribution. Rule 28 (i). 
 
 Any person claiming to have a payment made to him under this 
 rule must transmit to the Treasury through the Paymaster-General a 
 statutory declaration showing the title under which he makes the 
 claim, and such other particulars in relation thereto as the Paymaster- 
 General requires. Rule 28 (2). 
 
 Where the Treasury are satisfied by the certificate of a justice of the 
 peace, or minister of religion, and of a duly qualified medical prac- 
 titioner, that a teacher in receipt of an annuity or allowance under the 
 Act is of unsound mind or otherwise incapable of giving a receipt they 
 may authorize the Paymaster-General to pay any sum due on account 
 of any such annuity or allowance, partly to the institution or person 
 having the care of the teacher, partly for the benefit of the wife,
 
 ACT, 1898. 61 & 62 VICT., c. 57, SEC. 10. 427 
 
 husband, or relatives of the teacher in such proportion and in such 
 manner as the Treasury direct. 
 
 Provided that where any such teacher is maintained in any asylum 
 or other institution supported out of local rates, any sum due on account 
 of a superannuation or disablement allowance shall be applied towards 
 the maintenance of the teacher before it is applied for the benefit of 
 the wife, husband, or relatives of the teacher, and any sum due on 
 account of an annuity shall be applied towards the maintenance of the 
 wife (or children) (if any) of a teacher dependent on him before it is 
 applied towards the maintenance of the teacher. Rule 29 (i). 
 
 Any application with regard to the payment of an annuity or allow- 
 ance under this rule should be made to the Treasury through the 
 Paymaster-General. Rule 29 (2). 
 
 An authority given by the Treasury for the payment or application 
 of any annuity or allowance under this rule will remain in force until 
 cancelled or varied, but will be cancelled or varied as occasion requires, 
 and the Paymaster-General may at any time suspend any payment 
 under the rule until he is satisfied that the circumstances are such as 
 to justify the continuance of the payment. Rule 29 (3). 
 
 Where a teacher becomes a pauper lunatic, or is otherwise wholly 
 or partly maintained out of public money, so much of any allowance 
 shall be suspended as is equal to the sum which the Treasury consider 
 is contributed out of public money towards the cost of maintaining the 
 teacher, or if that sum is equal to or greater than the allowance the 
 whole of the allowance shall be suspended. Rule 30. 
 
 Punishment for Fraud and Personation. 
 
 10. If any person 
 
 (a) for the purpose of obtaining for himself or any 
 
 other person any annuity or allowance under 
 this Act, personates any person, or makes any 
 false certificate, false representation, or false 
 statement, or makes use of any false certificate 
 or document, false representation, or false state- 
 ment, knowing the same to be false ; or 
 
 (b) by means of any such false certificate, document, 
 
 representation, or statement, or by other frau- 
 dulent means, or by any personation, obtains 
 or attempts to obtain for himself or any other 
 person any annuity or allowance under this 
 Act, 
 
 he shall on conviction on indictment be liable to imprison- 
 ment, with or without hard labour, for a term not 
 exceeding two years, and on summary conviction be liable 
 to imprisonment, with or without hard labour, for a term 
 not exceeding three months, or to a fine not exceeding 
 twenty-five pounds, and any penalty under this section 
 may be in addition to any suspension or determination of 
 his allowance under this Act.
 
 428 ELEML-NTARY SCHOOL TEACHERS (SUPERANNUATION) 
 
 For the purposes of this section the obtaining of an 
 annuity or allowance includes the increase of any annuity 
 or allowance, and the prevention or rescission of any 
 cessation or suspension of an annuity or allowance, and 
 the obtaining ot any sum in respect of any annuity or 
 allowance. 
 
 Definitions. 
 
 11. In this Act, unless the context otherwise requires 
 
 The expression " certificated teacher " means 
 a teacher who is recognized under the 
 Education Code as a certificated teacher for 
 public elementary schools : 
 
 The expression "certificate" includes any docu- 
 ment issued by the Education Department, 
 which recognizes a teacher as a certificated 
 teacher : 
 
 The expression " Education Code " means such 
 minutes of the Education Department as are 
 for the time being in force for the purpose of 
 the Elementary Education Act, 1870: 
 
 The expression " prescribed " means prescribed 
 by rules under this Act 
 
 Application to Scotland. 
 
 12. In the application of this Act to Scotland, the 
 following provisions shall have effect : 
 
 (i.) The expression "Education Department" means 
 the Scotch Education Department, and the expression 
 " Education Code " means the Scotch Education Code : 
 
 (2.) The expression " public elementary school " means 
 a public or other school in receipt of annual parliamentary 
 grant : 
 
 (3.) Section 149 of the Bankruptcy (Scotland) Act, 
 1856, shall be substituted for Section 53 of the Bankruptcy 
 Act, 1883 : 
 
 (4.) The Education (Scotland) Act, 1872, shall be sub- 
 stituted for the Elementary Education Act, 1870: 
 
 (5.) Nothing contained in or done under this Act shall 
 apply to or affect any teacher of a public school in Scotland 
 appointed before the passing of the Education (Scotland) 
 Act, 1872, unless the teacher has accepted this Act in 
 pursuance of the provisions of Section 5 hereof :
 
 ACT, 1898. 6 1 & 62 VICT., c. 57, SEC. 15. 429 
 
 (6.) It shall not be lawful for a school board in Scotland 
 to grant under the powers conferred by Section 61 of the 
 Education (Scotland) Act, 1872, a retiring allowance 
 payable out of the school fund to any teacher of a public 
 school under their management who has accepted this 
 Act in pursuance of the provisions of Section 5 hereof, or 
 to whom this Act otherwise applies. 
 
 Extent of Act. 
 
 13. This Act shall not extend to Ireland. 
 
 Commencement of Act. 
 
 14. This Act shall come into operation on the first day 
 of April next after the passing thereof or on such day, not 
 more than three months later, as may be fixed by Her 
 Majesty in Council. 
 
 Short Title. 
 
 15. This Act may be cited as the Elementary School 
 Teachers (Superannuation) Act, 1898.
 
 ( 430 
 
 ELEMENTARY EDUCATION (SCHOOL ATTEND- 
 ANCE) ACT (1893) AMENDMENT ACT, 1899. 
 
 (62 & 63 VICT., c. 13.) 
 
 AN ACT TO AMEND THE LAW RESPECTING THE EMPLOY- 
 MENT AND EDUCATION OF YOUNG CHILDREN. 
 
 [I3/A July, 1899.] 
 
 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 : 
 
 Amendment of 56 & 57 Viet., c. 51. 
 
 I. On and after the first day of January one thousand 
 nine hundred the Elementary Education (School Attend- 
 ance) Act, 1893, shall have effect as if "twelve" were 
 substituted therein for "eleven." (i) 
 
 Provided that nothing in this Act shall apply in the 
 case of any child who at the said date is, under the bye- 
 laws then in force in the school district in which he resides, 
 exempt, wholly or partially, as the 'case may be, from the 
 obligation to attend school. (2) 
 
 Provided also that the local authority for any district 
 may, by bye-law for any parish within their district, fix 
 thirteen years as the minimum age for exemption from 
 school attendance in the case of children to be employed 
 in agriculture, and that in such parish such children over 
 eleven and under thirteen years of age who have passed 
 the standard fixed for partial exemption from school 
 attendance by the bye-laws of the local authority shall not 
 be required to attend school more than two hundred and 
 fifty times in any year. (3) 
 
 Such bye-law shall have effect as a bye-law made under 
 section seventy-four of the Elementary Education Act, 
 1870, and all Acts amending the same. (4) 
 
 The local authority shall be the local authority fixed by 
 section seven of the Elementary Education Act, 1876. (5)
 
 62 & 63 viex., c 13, SEC. i. 431 
 
 Provided also that a child shall be entitled to obtain 
 partial exemption from school attendance on attaining the 
 age of twelve years if such child has made three hundred 
 attendances in not more than two schools during each 
 year for five preceding years whether consecutive or 
 not. (6) 
 
 (1) Section I of the Elementary Education (School Attendance) Act, 
 1893, with the substitution of twelve for eleven, is as follows : "The 
 age at which a child may, in pursuance of any bye-law made under the 
 Elementary Education Acts, 1870 to 1891, obtain total or partial 
 exemption from the obligation to attend school, on obtaining a certifi- 
 cate as to the standard of examination which he has reached, shall be 
 raised to twelve, and every such bye-law, so far as it provides for such 
 exemption, shall be construed and have effect as if a reference to 
 twelve years of age were substituted therein for a reference to a lower 
 age, and in sec. 74 of the Elementary Education Act, 1870, twelve 
 shall be substituted for ten." 
 
 The effect of this section is, except as mentioned in the first and 
 second provisos, to raise to twelve years the minimum age for 
 exemption (whether total or partial) fixed by bye-laws made under the 
 Elementary Education Acts. Consequently, any bye-laws in force in 
 a district prior to the ist January, 1900, which provided for the total 
 or partial exemption of children from the obligation to attend school, 
 on attaining the age of eleven years, are, subject to the exceptions 
 referred to, to be construed and have effect as if the minimum age for 
 exemption were twelve years. As this alteration in the bye-laws is 
 made automatically by the Act, no alteration by way of an amending 
 bye-law is necessary for the purpose of giving effect to the Act, and 
 parents are liable to conviction under the bye-laws if they fail to cause 
 their children between five and twelve years of age, unless they come 
 within the exceptions referred to, to attend school, notwithstanding 
 that the bye-laws may have provided for exemption, whether total or 
 partial, of children before attaining that age. 
 
 Apart from the question of bye-laws, it is provided by the Mines 
 (Prohibition of Child Labour Underground) Act, 1900 (63 & 64 Viet., 
 c. 21), that a boy under the age of thirteen years shall not be employed 
 in or allowed to be for the purpose of employment in any mine below 
 ground. 
 
 (2) This proviso is for the purpose of saving the rights of a parent 
 whose child, on the ist January, 1900, was, under the bye-laws then in 
 force in the district in which the child was residing, qualified for 
 employment by being exempt, wholly or partially as the case might 
 be, from the obligation to attend school. 
 
 (3) As to the local authority for a district, see note 5. 
 
 This proviso, it will be observed, authorizes the local authority 
 of a district to make a bye-law which, whilst it fixes thirteen years as 
 the minimum age for exemption from school attendance in the case of 
 children to be employed in agriculture, will not require any such child 
 who is over eleven and under thirteen years of age, and has passed 
 the standard fixed by the bye-laws for partial exemption, to attend 
 school more than 250 times in any year. 
 
 It is optional on the part of the local authority whether they 
 will exercise the power thus conferred on them and make exceptional
 
 432 ELEMENTARY EDUCATION (SCHOOL ATTENDANCE). 
 
 provisions by their bye-laws with regard to the particular class of 
 children referred to in the proviso, viz., children " to be employed in 
 agriculture." 
 
 The model form of bye-laws which was issued by the Board of 
 Education (see Appendix, p. 533) contains clauses to meet the cases 
 to which this proviso refers, when it is desired that clauses for this 
 purpose should be included in the bye-laws. 
 
 (4) See sec. 74 of 33 & 34 Viet., c. 75, ante, and the notes on that 
 section. 
 
 (5) See sec. 7 of the 39 & 40 Viet., c. 79, ante, as amended by the 
 2 Edw. 7, c. 42, ante. The Local Education Authority, except in the 
 case of the Metropolis, have vested in them from the "appointed day" 
 the powers of a school board, and from that date become the local 
 authority under this Act. 
 
 (6) The Board of Education have been advised ''that the partial 
 exemption which the child is entitled to obtain under this proviso is 
 partial exemption as defined by the bye-laws in force in the district in 
 which such child resides, and is subject to such conditions as to employ- 
 ment as those bye-laws may contain." That being the case, the terms 
 of the proviso would appear to contemplate that a local authority 
 should so amend their bye-laws as to provide for partial exemption 
 from school attendance in the case of a child who has attained the age 
 of twelve years and has obtained a certificate that it has made the 
 prescribed number of previous attendances. 
 
 The model form of bye-laws which was issued by the Board of 
 Education (see Appendix, p. 533) contains clauses for giving effect to 
 the proviso. 
 
 In some cases the bye-laws provide for total exemption only, and the 
 question having arisen whether where the bye-laws make no provision 
 for partial exemption, such exemption may be claimed under this 
 proviso, the Board of Education have stated that the question is not 
 one which they have power to determine, but that the practice of the 
 Board is not to insist on the insertion of a half-time clause. 
 
 A half-time exemption bye-law, the Board of Education have stated, 
 is never approved by them except on the condition that it is granted 
 for the purpose of beneficial employment. 
 
 As to the 300 attendances mentioned in the proviso, the certificates 
 authorized by the Board of Education only recognize attendances 
 made after five years of age. 
 
 When local authorities revise their bye-laws they should bear in 
 mind the provisions' in the 63 & 64 Viet., c. 53, post, which have the 
 effect of enabling them to make bye-laws applicable to children 
 up to the age of fourteen years, instead of to children up to the age 
 of thirteen years, as was the case prior to the passing of the Act 
 referred to. The question of penalty should also be considered (see 
 note 10 to sec. 74 of 33 & 34 Viet., c. 75, ante]. 
 
 Short Title and Construction. 
 
 2. This Act may be cited as the Elementary Education 
 (School Attendance) Act (1893) Amendment Act, 1899, 
 and shall be read with the Elementary Education Acts, 
 1870 to 1897.
 
 ( 433 ) 
 
 ELEMENTARY EDUCATION (DEFECTIVE AND 
 EPILEPTIC CHILDREN) ACT, 1899. 
 
 (62 & 63 VlCT., C. 32.) 
 
 AN ACT TO MAKE BETTER PROVISION FOR THE ELE- 
 MENTARY EDUCATION OF DEFECTIVE AND EPILEPTIC 
 CHILDREN IN ENGLAND AND WALES. 
 
 August, 1899.] 
 
 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 Parlia- 
 ment assembled, and by the authority of the same, as 
 follows : 
 
 Power to School Authority to determine what Children are 
 Defective or Epileptic. 
 
 I. (i.) A school authority, as defined by the Ele- 
 mentary Education (Blind and Deaf Children) Act, 1893, 
 may, with the approval of the Education Department, 
 make such arrangements as they think fit for ascertain- 
 ing 
 
 (a) What children in their district, not being imbecile, 
 
 and not being merely dull or backward, are 
 defective, that is to say, what children by reason 
 of mental or physical defect are incapable of 
 receiving proper benefit from the instruction in 
 the ordinary public elementary schools, but are 
 not incapable by reason of such defect of 
 receiving benefit from instruction in such special 
 classes or schools as are in this Act mentioned ; 
 and 
 
 (b) What children in their district are epileptic 
 
 children, that is to say, what children, not being 
 idiots or imbeciles, are unfit by reason of severe 
 epilepsy to attend the ordinary public ele- 
 mentary schools, (i) 
 
 (2.) The school authority, in making their arrangements 
 under this section, shall provide facilities for enabling any
 
 434 ELEMENTARY EDUCATION (DEFECTIVE AND EPILEPTIC 
 
 parent, who is of opinion that his child ought to be dealt 
 with under this Act, to present such child to the school 
 authority to be examined, although he may not have 
 been required so to do by that authority ; and any school 
 authority failing to provide such facilities shall be deemed 
 to have acted in contravention of this Act. (2) 
 
 (3.) For the purpose of ascertaining whether a child is 
 defective or epileptic within the meaning of this section, 
 a certificate to that effect by a duly qualified practitioner 
 approved by the Education Department shall be required 
 in each case. The certificate shall be in such form as may 
 be prescribed by the Education Department. (3) 
 
 (4.) For the purpose of the exercise of the powers 
 conferred by this section, it shall be the duty of the parent 
 of any child who may be required by the school authority 
 to be examined to cause the child to attend such examina- 
 tion, and any parent who fails to comply with such require- 
 ment shall be liable on summary conviction to a fine not 
 exceeding five pounds. (4) 
 
 (i) The school authority under this Act from the "appointed day" 
 are the same as the authority who have the charge of the education of 
 blind and deaf children under sec. 4 of the 56 & 57 Viet., c. 42, ante, 
 i.e., except in the case of the Metropolis, the Local Education Authority. 
 A Local Education Authority may delegate to the education committee, 
 with or without any restrictions or conditions as they think fit, any of 
 their powers, except the power of raising a rate or borrowing money. 
 
 With regard to the term " children," see sec. n, which provides that 
 for the purposes of the Elementary Education Acts a defective or 
 epileptic boy or girl shall be deemed to be a child until the age of 
 sixteen years. 
 
 The Local Education Authority may, with the approval of the Board 
 of Education, make such arrangements as they think fit for ascertain- 
 ing what children in their district are defective or epileptic, and in 
 paragraphs (a) and (6) of this sub-section the classes of children who 
 come within these terms are defined. 
 
 As to special classes or schools referred to in paragraph (a), see sec. 
 2 (i) and sec. 14. 
 
 The minute of the Committee of Council on Education, dated 26th 
 of February, 1900 (see Appendix, p. 571), states as follows : "Day 
 schools or classes for defective children are public elementary schools 
 or classes attached to public elementary schools, differing only from 
 ordinary public elementary schools in the special conditions herein- 
 after required and the special grants made for them. In other respects 
 they are subject to the ordinary requirements of the Day School Code. 
 Schools or classes for defective children are called ' special ' schools 
 or classes." 
 
 Any arrangements which a Local Education Authority may propose 
 for the purpose referred to above should be submitted to the Board of 
 Education for their approval before any further action is taken. It 
 will be convenient that the Local Education Authority should at the
 
 CHILDREN) ACT, 1899. 62 & 63 VICT., C. 32, SEC. I. 435 
 
 same time inform the Board of Education of the names of the medical 
 officer or medical officers whom they may propose to appoint under 
 sub-sees. 3 and 4 of this section. 
 
 The Board of Education stated that the " arrangements for ascertain- 
 ing what children are defective or epileptic should, if possible, include 
 the production of particulars as to the family history of the child, and 
 as to the habits, capacity, and attainments of the child as observed 
 by the teacher of the school which it may have attended. The 
 examination should be confined to children who are not less than 
 seven years old, and it should be held by the medical officer of the 
 school authority. The teacher who has had charge of the child 
 should be present, and the opportunity of being present should be 
 given to the parent of the child, and to H.M. Inspector, and, in the 
 case of a defective child, to the teacher of the special class in the 
 neighbourhood. The examination should be applied, not only to 
 children who have been attending infants' schools, but to children who 
 have been absent altogether from school by reason of mental or 
 physical defect. It will be observed that, by sec. i (4) of the Act, a 
 parent is bound to cause his child to attend such examination, if 
 required by the school authority, under a penalty of $/. 
 
 (2) Whatever arrangements may be made by a Local Education 
 Authority with regard to ascertaining what children in their district are 
 defective or epileptic, it appears to be incumbent on them to provide 
 the facilities referred to in this sub-section. 
 
 For definition of the term " parent," see sec. 3 of the 33 & 34 Viet., 
 c. 75, that definition being made applicable by the second paragraph 
 of sec. 14 of this Act and sec. 15 of the Elementary Education (Blind 
 and Deaf Children) Act, 1893 (56 & 57 Viet., c. 42), ante. 
 
 (3) The forms of certificate prescribed by the Board of Education 
 for the purposes of this sub-section are as follows : 
 
 (a) For Defective Children. I., A.B., a duly qualified practitioner, 
 approved by the Board of Education, certify that Y.Z., not being 
 imbecile and not being merely dull or backward, is, by reason of (i) 
 mental or (2) physical defect, incapable of receiving proper benefit 
 from the instruction in an ordinary public elementary school, but is 
 not incapable, by reason of such defect, of receiving benefit from 
 instruction in a certified special class or school. 
 
 (b) For Epileptic Children. I., A.B., a duly qualified practitioner, 
 approved by the Board of Education, certify that Y.Z., not being 
 idiot or imbecile, is unfit, by reason of severe epilepsy, to attend an 
 ordinary public elementary school. 
 
 In the case of each certificate, in addition to the signature and date, 
 the residence and qualifications as medical practitioner are to be 
 appended. 
 
 (NOTE. The causes which render an epileptic child unfit to attend 
 an ordinary school may be either that serious danger to itself or to 
 other children, or that serious disturbance to the work of the school, 
 would be caused by such attendance.) 
 
 (4) For definition of term " parent," see note to sub-sec. (2).
 
 436 ELEMENTARY EDUCATION (DEFECTIVE AND EPILEPTIC 
 
 Power to provide for Education of Defective and 
 Epileptic Children. 
 
 2. (i.) Where a school authority have ascertained that 
 there are in their district defective children, they may make 
 provision for the education of such children by all or any 
 of the following means : 
 
 (a) by classes in public elementary schools certified 
 
 by the Education Department as special 
 classes ; or 
 
 (b) by boarding out, subject to the regulations of the 
 
 Education Department, any such child in a 
 house conveniently near to a certified special 
 class or school ; or 
 
 (c) by establishing schools, certified by the Education 
 
 Department, for defective children, (i) 
 
 (2.) Where a school authority have ascertained that 
 there are in their district epileptic children, they may 
 make provision for the education of such children by 
 establishing schools, certified by the Education Depart- 
 ment, for epileptic children. (2) 
 
 (3.) The power conferred by this section shall include 
 power to establish or acquire and to maintain certified 
 schools, and to contribute, on such terms and to such 
 extent as may be approved by the Education Depart- 
 ment, towards the establishment, enlargement, or altera- 
 tion, and towards the maintenance of certified schools. (3) 
 
 (4.) A school authority may in respect of children 
 resident in or whose permanent home is in their district 
 and attending certified special classes or schools in the 
 district of another school authority, contribute to that 
 other authority the proportionate cost of the provision and 
 maintenance of such special classes or schools. (4) 
 
 (5.) The school authority, acting under this section, 
 shall make provision for the examination from time to 
 time of any child dealt with under this section, in order to 
 ascertain whether such child has attained such a mental 
 and physical condition as to be fit to attend the ordinary 
 classes of public elementary schools ; and the school 
 authority shall make provision for such examination in the 
 case of any child whose parent claims such examination of 
 his child, provided that the parent shall not make such 
 claim within less than six months after his child has been 
 examined ; and any school authority failing to make such
 
 CHILDREN) ACT, 1899. 62 & 63 VICT., C. 32, SEC. 2. 437 
 
 provision as this sub-section requires shall be deemed to 
 have acted in contravention of this Act. (5) 
 
 (6.) The Education Department shall not certify -any 
 establishment established after the commencement of this 
 Act for boarding and lodging more than fifteen defective 
 or epileptic children in one building or comprising more 
 than four such buildings. (6) 
 
 (i) As to the school authority under this Act, see note to sec. i. 
 
 This sub-section does not impose any obligation on the school 
 authority to make provision for the education of defective children in 
 their district. They "may" make such provision. 
 
 With regard to the means specified by which provision may be 
 made, the Board of Education in their circular letter on the subject of 
 the Act, state as follows : 
 
 " The chief method contemplated by the Act for providing for 
 defective children is by means of a day school or class which a child 
 may reach from its own home, with the help, if necessary, of a guide 
 or conveyance. The school authority which makes this provision 
 within reach of a child's home may compel the parent to send the 
 child to such a school (sec. 4 (i)). These classes or schools are 
 termed ' classes ' or ' schools ' according as they are attached to 
 ordinary public elementary schools, or are independent of them. They 
 will be public elementary classes or schools subject to special conditions 
 as to curriculum and as to grant. 
 
 " The regulations applicable to day schools and classes will be found 
 in the minute of 26th February, 1900. The main conditions are that 
 the children shall be admitted by the procedure therein described ; 
 that they should be periodically examined by the medical officer 
 (sec. 2 (5) of the Act) ; that they shall have a room of their own, 
 suitably furnished and used exclusively by them, and a special teacher 
 of their own ; that they shall not be mixed with ordinary children for 
 any lessons ; that there shall be managers specially appointed and a 
 special time table ; and that the principal teacher shall hold the 
 certificate of the Board of Education, or of the National Froebel 
 Union, unless the class is for fewer than 10 children. Classes will be 
 limited in size to an average attendance of 20, unless there are more 
 than two classes, in which case the classes after the first two may 
 consist of 30 children in average attendance. Not less than six 
 hours a week of suitable manual instruction must be given to each 
 child. 
 
 "A school authority may also make provision for defective children 
 by means of boarding them out near to special schools or classes, or 
 by sending them to boarding schools ; and, for this purpose, may 
 either establish boarding schools of its own, or utilize, on such terms 
 as may be agreed, institutions certified for the purpose by the Board 
 of Education. The Act does not empower school authorities to provide 
 for defective children by boarding out or by sending to a boarding 
 institution, except with their parents' consent, and it is expected that 
 these means of providing for the children will be used chiefly, if not 
 entirely, by those school authorities whose districts are not sufficiently 
 thickly populated to justify the provision of a day class or school. 
 Regulations for boarding-out defective children have been issued. The 
 regulations applicable to boarding schools for such children will be
 
 438 ELEMENTARY EDUCATION (DEFECTIVE AND EPILEPTIC 
 
 found in the minute of 26th February, 1900. The Act (sec. 2 (6)) 
 limits the size of boarding institutions established after the commence- 
 ment of the Act (gth August, 1 899) to 1 5 children in one building, and 
 the number of buildings which may be comprised in an establishment 
 is limited to four." 
 
 The minute of the Committee of Council on Education dated the 26th 
 February, 1900, with regard to day schools and classes for defective 
 children, and the regulations as to the boarding out of such children, 
 will be found in the Appendix, pp. 571-580. 
 
 The conditions to be fulfilled by schools or classes that are certified 
 as special schools or classes for defective children, and by schools for 
 boarding and lodging defective children, are set forth in the minute 
 above referred to. 
 
 (2) With regard to this provision as to epileptic children, the Board 
 of Education, in their circular letter on the subject of the Act, stated as 
 follows : " The schools which will be certified by the Department 
 under this Act for epileptic children will be small boarding schools, 
 where proper provision is made for the medical attendance as well as 
 the education of such children. A child who suffers from only mild 
 epilepsy can attend an ordinary school, or, if he happens to be also 
 defective, a special class for defective children. It is only the 
 children whose epilepsy is so severe as to prevent them from attending 
 day schools for whom this Act makes special provision. A school 
 authority may either itself establish certified schools for epileptic 
 children, or may contribute, on terms approved by the Board of 
 Education, to such schools. The regulations -applicable to certified 
 schools for epileptic children will be found in the minute of 26th 
 February, 1900" (see Appendix, p. 576). 
 
 (3) By sec. 6 it is provided that the provisions of sec. 5 of the 
 Elementary Education (Blind and Deaf Children) Act, 1893 (56 & 57 
 Viet., c. 42), ante, relating to the powers of a school authority under 
 that Act, shall apply, with the necessary modifications, to school 
 authorities under this Act : see notes on that section. The Local 
 Education Authority may, therefore, for the performance of their duties 
 under this Act exercise the like powers as may be exercised by them 
 for the provision of school accommodation, and, with the consent of 
 the Local Government Board, they may exercise powers of borrowing. 
 
 (4) The Board of Education with reference to this provision stated 
 as follows in their circular letter on the subject of the Act : " The Act 
 being permissive as regards the provision to be made by the school 
 authorities, it has been necessary to provide against the possible case 
 of an influx of defective or epileptic children from districts which do 
 not make provision for them into districts which do. Accordingly, 
 where children wish to attend a special class or school situated in a 
 district in which they are not resident, or in which they have not 
 their permanent home, the school authority of such a district are 
 under no obligation to admit them, unless the school authority of 
 the district from which the children come are willing to contribute 
 an agreed sum towards the cost of the special class or school." 
 
 See also sees. 9 and 10 of the Act, which contain provisions of a like 
 character to meet the case of children for whom the boards of 
 guardians are responsible, and who are sent to special classes or schools.
 
 CHILDREN) ACT, 1899. 62 & 63 VICT., c. 32, SEC. 4. 439 
 
 (5) The conditions which the Board of Education require to be 
 fulfilled by schools or classes that are certified as special schools or 
 classes for defective children (see Appendix, p. 571), include provisions 
 to the effect of this sub-section. It is , further provided, inter atia, 
 that the children shall from time to time be inspected by a medical 
 officer appointed for the purpose by the school authority, and that 
 records of such inspection shall be kept. The decision of the Board 
 of Education as to whether a child may be retained in a special school 
 or class as defective is final. 
 
 (6) For conditions required to be fulfilled by the establishments 
 referred to, that are certified as schools for boarding and lodging 
 defective or epileptic children, see Appendix, pp. 574-576. 
 
 Provision of Guides or Conveyances. 
 
 3. A school authority may provide guides or convey- 
 ances for children who, in the opinion of the school 
 authority, are by reason of any physical or mental defect, 
 unable to attend school without guides or conveyances. 
 
 The Board of Education stated that this provision " is not limited 
 to children attending special classes, but is intended also to meet the 
 case of children who would otherwise be prevented by some physical 
 defect from attending ordinary public elementary schools." 
 
 Obligation of Parent as to Defective and Epileptic Children. 
 
 4. (i.) The duty of a parent under section four of the 
 Elementary Education Act, 1876, to provide elementary 
 instruction for his child shall, in the case of a defective or 
 epileptic child over seven years of age in any place where 
 a certified special class or school is within reach of the 
 child's residence, include the duty to cause the child to 
 attend such a class or school, and a parent shall not be 
 excused from this duty by reason only that a guide or 
 conveyance for the child is necessary, (i) 
 
 (2.) In the case of an epileptic child whose age exceeds 
 seven years, the school authority may, if they think fit, 
 apply to a court of summary jurisdiction for an order 
 requiring the child to be sent to a certified school for 
 epileptics, and if any parent fails to comply with the 
 order, he shall be deemed to have failed to perform the 
 duty prescribed by section four of the Element iry Educa- 
 tion Act, 1876, and may be proceeded against accord- 
 ingly. (2)
 
 440 ELEMENTARY EDUCATION (DEFECTIVE AND EPILEPTIC 
 
 (1) As to the school authority for the purposes of this Act, see note 
 to sec. i. 
 
 Sec. 4 of the Elementary Education Act, 1876 (39 & 40 Viet., c. 79), 
 ante, is as follows : " It shall be the duty of the parent of every 
 child to cause such child to receive efficient elementary instruction 
 in reading, writing, and arithmetic, and if such parent fail to perform 
 such duty, he shall be liable to such orders and penalties as are 
 provided by this Act." The duty under sec. 4 of the Act of 1876, it 
 will be observed, will not arise unless there is a certified special class 
 or school within reach of the child's residence. 
 
 For definition of the term " parent," see note on sec. i (2). 
 
 The defective and epileptic children to whom this section applies 
 are children over seven and under sixteen years of age : see sec. 11. 
 
 It is presumed that, on default on the part of the parent, the 
 proceeding may be by complaint under sec. 1 1 of the Elementary 
 Education Act, 1876 (39 & 40 Viet., c. 79), ante, after due warning to 
 the parent. 
 
 By sec. 5 it is enacted that the provisions of sec. 7 of the Ele- 
 mentary Education (Blind and Deaf Children) Act, 1893, ante, 
 respecting the effect of the grant of certificates, shall apply with the 
 necessary modifications to schools for defective and epileptic children 
 established under this Act ; and consequently every such school which 
 has been certified is to be deemed to be a certified efficient school 
 within the meaning of the Elementary Education Act, 1876, and for 
 the purpose of sec. 1 1 of that Act may, in the case of a defective or 
 epileptic child, be treated as if it were a public elementary school. 
 
 See also sec. 1 1 as to application and enforcement of bye-laws in 
 these cases. A defective or epileptic child is not for the purpose of 
 the bye-laws entitled to total or partial exemption from the obligation 
 to attend school. 
 
 (2) This sub-section only applies to epileptic children between the 
 ages of seven and sixteen years. 
 
 The school authority may under this clause, if they think fit, apply 
 to a Court of Summary Jurisdiction for an order requiring the child 
 to be sent to school. There is no reference to the school authority 
 in sub-sec. I of this section. 
 
 As to sec. 4 of the Elementary Education Act, 1876 (39 & 40 Viet., 
 c. 79), ante, see note on preceding sub-section ; and with reference 
 to the application and enforcement of bye-laws, see sec. 11. 
 
 Conditions and Effect of Grant of Certificate to School 
 for Defective or Epileptic Children. 
 
 5. The provisions of section seven of the Elementary 
 Education (Blind and Deaf Children) Act, 1893, respecting 
 the conditions and effect of the grant of certificates to 
 schools for blind or deaf children shall apply, with the 
 necessary modifications to schools for defective or epileptic 
 children established or proposed to be established under 
 this Act, except that no requirement need be made as
 
 CHILDREN) ACT, 1899. 62 & 63 VICT., C. 32, SEC. /. 441 
 
 to the proportion of the expenses to be defrayed out of 
 private sources. 
 
 See sec. 7 of the Elementary Education (Blind and Deaf Children) 
 Act, 1893 (56 & 57 Viet., c. 42), and notes thereon. That section 
 provides that a school shall not be certified as suitable for providing 
 education for blind or deaf children unless, inter atia, the annual 
 expenses of its maintenance are to the extent of not less than one- 
 third defrayed out of sources other than local rates or moneys provided 
 by Parliament. This does not apply to schools for defective or 
 epileptic children, but, subject to this, the provisions of the section are 
 applicable, with the necessary modifications, to schools established 
 under the Act for defective and epileptic children. 
 
 Poivers and Expenses of School Authority. 56 & 57 Viet., 
 
 c. 42. 
 
 6. The provisions of section five of the Elementary 
 Education (Blind and Deaf Children) Act, 1893 (relating 
 to the powers and expenses of a school authority under 
 that Act), shall apply, with the necessary modifications, to 
 school authorities acting under this Act. . . . 
 
 As to the school authority for the purposes of this Act, see note on 
 sec. i. 
 
 See sec. 5 of the Elementary Education (Blind and Deaf Children) 
 Act, 1893, ante ; also 2 Edw. 7, c. 42, Second Schedule (7), ante. 
 
 Grants from Public Money towards Education of Defective 
 and Epileptic Children. 
 
 7. Nothing in any Act of Parliament shall prevent the 
 Education Department from giving aid from the parlia- 
 mentary grant to a school in respect of education given to 
 defective or epileptic children to such amount and on such 
 conditions as may be directed by or in pursuance of the 
 minutes of the Education Department in force for the 
 time being. 
 
 The grants on account of the education of defective and epileptic 
 children are set forth in the regulations of the Education Department 
 dated 26th February, 1900 (see Appendix, pp. 574, 577). 
 
 In the circular letter of the Department it is stated as follows with 
 regard to these grants : 
 
 "The rates of grant in respect of defective children to classes or 
 schools satisfying the prescribed conditions will be for instruction 
 other than manual instruction 50^. for each child in average attend- 
 ance, and for manual instruction 40?. per child in average attendance 
 in the case of older children, and 30^. per child in average attendance 
 in the case of younger children. These grants take the place of both 
 the annual and the fee grants in public elementary schools." 
 
 2 G
 
 442 ELEMENTARY EDUCATION (DEFECTIVE AND EPILEPTIC 
 
 The grants for the education of defective children in boarding 
 institutions will be the same, and will be given on the same conditions 
 as those offered for day schools and classes. 
 
 " No grant will be made by the Department towards the mainte- 
 nance of epileptic children, but the grants for education will be for 
 instruction other than manual instruction 505. per head of average 
 attendance, and 4os. and y>s. for manual instruction of older and 
 younger children respectively. These grants take the place of both 
 the annual and the fee grants in public elementary schools." 
 
 Contribution by Parent. 
 
 8. (i.) The parent of a defective or epileptic child shall 
 be liable to contribute towards the expenses of the child 
 incurred by a school authority under this Act in like 
 manner and to the like extent as the parent of a blind or 
 deaf child is liable to contribute under section nine of the 
 Elementary Education (Blind and Deaf Children) Act, 
 1893, and the provisions of that section shall apply 
 accordingly, (i) 
 
 (2.) The parent of a defective or epileptic child shall 
 not, by reason of any payment made under this Act in 
 respect of the child, be deprived of any franchise, right, or 
 privilege, or be subject to any disability or disqualifica- 
 tion. (2) 
 
 (3.) Payments under this Act shall not be made on 
 condition of a child attending any certified school other 
 than such as may be reasonably selected by the parent, 
 nor refused because the child attends or does not attend 
 any particular certified school. 
 
 (1) See sec. 9 of the Act referred to, 56 & 57 Viet., c. 42, ante, and 
 notes thereon. 
 
 As regards the definition of the term "expenses" in that Act, see 
 sec. 14 of this Act. 
 
 (2) This provision will relieve from the disqualifications referred to, 
 although only a part of the maintenance of the child may be recovered 
 from the parent. 
 
 Contribution by Guardians of the Poor. 
 
 9. The board of guardians of any poor law union may 
 contribute such of the expenses of providing, enlarging, 
 or maintaining any certified special class or school under 
 this Act as are certified by the Education Department to 
 have been incurred wholly or partly in respect of scholars 
 taught at the class or school who are either resident in 
 a workhouse or in an institution to which they havs been
 
 CHILDREN) ACT, 1899. 62 & 63 VICT., c. 32, SEC. 11. 443 
 
 sent by the guardians from a workhouse or boarded out 
 by the guardians. 
 
 See also sec. 10 as to contributions by guardians towards the 
 expenses of the education and maintenance of defective and epileptic 
 children who are resident in a workhouse, or in any institution to 
 which they have been sent by the guardians from a workhouse, or 
 boarded out by the guardians. 
 
 Limitation on Liability of School Authority. 
 
 10. Nothing in this Act shall be construed as imposing 
 a duty on a school authority to receive in a special class or 
 school established by them any child 
 
 (a] who is resident in, or whose permanent home in 
 
 their opinion is in, the district of another school 
 authority ; or 
 
 (b) who is resident in a workhouse, or in any institu- 
 
 tion to which he has been sent by the guardians, 
 from a workhouse, or boarded out by the 
 guardians, 
 
 unless that other school authority or, as the case may be, 
 the guardians are willing to contribute towards the expenses 
 of the education and maintenance of the child such sum as 
 may be agreed on between the authorities concerned. 
 
 As to the school authority for the purposes of this Act, see note 
 on sec. i. 
 
 Period of Education for Defective and Epileptic Children, 
 
 II. For the purposes of the Elementary Education 
 Acts, 1870 to 1893, and of this Act, a defective or epileptic 
 boy or girl shall be deemed to be a child until the age of 
 sixteen years, and the period of compulsory education 
 shall, in the case of such a child, extend to sixteen years, 
 and the attendance of such a child at school may be 
 enforced as if it were required by bye-laws made under the 
 Elementary Education Acts, 1870 to 1893, and any such 
 child shall not, in accordance with such bye-laws, be entitled 
 to total or partial exemption from the obligation to attend 
 school. 
 
 The effect of this section is that the requirements of the Elementary 
 Education Acts as to attendance at school apply to defective and 
 epileptic children until the age of sixteen years. But under sec. 
 4 (i) the duty of a parent under sec. 4 of the Elementary Education 
 Act, 1876, to provide elementary instruction for his child, in the case
 
 444 ELEMENTARY EDUCATION ACT, 1899. 
 
 of a defective or epileptic child, does not arise until the child is over 
 seven years of age. 
 
 As to provisions with regard to bye-la\vs, see sec. 74 of the 33 & 34 
 Viet., c. 75, ante. 
 
 Religious Instruction. 
 
 12. The provisions regulating religious instruction in 
 certified schools for defective and epileptic children shall 
 be the same as those enacted by section eight of the 
 Elementary Education (Blind and Deaf Children) Act, 
 1893. 
 
 See sec. 8 of the Act referred to (56 & 57 Viet., c. 42), ante. 
 
 Report to Parliament. 
 
 13. Every school authority shall make to the Education 
 Department such returns as the Department may require ; 
 and the Department shall annually lay before both Houses 
 of Parliament a report of their proceedings under this Act 
 during the preceding year, and in that report shall give 
 lists of the schools and classes to which they have granted 
 or refused certificates under this Act during the year, with 
 their reasons for each such refusal. 
 
 The particulars required by this section to be annually laid before 
 the Houses of Parliament are included in the annual report of the 
 Department, which is presented to Parliament. 
 
 Interpretation of Terms. 
 
 14. In this Act 
 
 The expression " school " includes any institution in 
 which defective or epileptic children are boarded or 
 lodged as well as taught, and any establishment for 
 boarding or lodging children taught in a certified 
 special class or school : 
 
 Other expressions have, unless the contrary intention 
 appears, the same meaning as in the Elementary 
 Education (Blind and Deaf Children) Act, 1893. 
 
 For definition of terms in the Act referred to (56 & 57 Viet., c. 42), 
 see sec. 15 of that Act. 
 
 Short Title. 
 
 15. This Act may be cited as the Elementary Education 
 (Detective and Epileptic Children) Act, 1899, and may be 
 cited with the Elementary Education Acts, 1870 to 1893.
 
 ( 445 ) 
 
 BOARD OF EDUCATION ACT, 1899. 
 
 (62 & 63 VlCT., C. 33.) 
 
 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A 
 BOARD OF EDUCATION FOR ENGLAND AND WALES, 
 AND FOR MATTERS CONNECTED THEREWITH. 
 
 [9//i August, 1899.] 
 
 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 : 
 
 Establishment of Board of Education. 
 
 I. (i.) There shall be established a Board of Education 
 charged with the superintendence of matters relating to 
 education in England and Wales. 
 
 (2.) The Board shall consist of a President, and of the 
 Lord President of the Council (unless he is appointed 
 President of the Board), Her Majesty's Principal Secretaries 
 of State, the First Commissioner of Her Majesty's Treasury, 
 and the Chancellor of Her Majesty's Exchequer. 
 
 (3.) The existing Vice-President of the Committee of 
 the Privy Council on Education shall also be a member of 
 the Board, but on the next vacancy in his office the office 
 shall be abolished, and the enactments mentioned in the 
 schedule to this Act shall be repealed. 
 
 (4.) The President of the Board shall be appointed by 
 Her Majesty, and shall hold office during Her Majesty's 
 pleasure. 
 
 (5.) The Board shall be deemed to be established on the 
 appointment of the President thereof. 
 
 The Board of Education are to be deemed to have been established 
 on the appointment of the President thereof. The date of that 
 appointment was the 3rd of March, 1900. The Lord President of the 
 Council was appointed the President of the Board. 
 
 With reference to sub-sec. 3 it is to be observed that the office of 
 the Vice-President of the Committee of Council on Education has 
 been abolished, and the enactments referred to in the Schedule to 
 this Act are therefore repealed,
 
 446 BOARD OF EDUCATION ACT, 1899. 
 
 Duties and Powers of Board of Education. 
 
 2. (i.) The Board of Education shall take the place 
 of the Education Department (including the Department 
 of Science and Art), and all enactments and documents 
 shall be construed accordingly, (i) 
 
 (2.) It shall be lawful for Her Majesty in Council, from 
 time to time, by Order, to transfer to, or make exerciseable 
 by, the Board of Education any of the powers of the 
 Charity Commissioners or of the Board of Agriculture in 
 matters appearing to Her Majesty to relate to education, 
 and the Order may make such provision as appears 
 necessary for applying to the exercise of those powers by 
 the Board of Education the enactments relating to the 
 Charity Commissioners or to the Board of Agriculture. (2) 
 
 Provided that any question as to whether an endowment 
 or any part of an endowment is held for or ought to be 
 applied to educational purposes shall be determined by 
 the Charity Commissioners. 
 
 (1) The Board of Education take the place of the Education 
 Department, the term Education Department meaning, according to 
 the interpretation clause in the Elementary Education Act, 1870, 
 " The Lords of the Committee of the Privy Council on Education." 
 
 (2) An Order in Council, dated the fth of August, 1900, which 
 was made under this section, contains provisions with regard to 
 the concurrent exercise of certain powers of the Charity Commissioners 
 by the Board of Education. The order which came into operation on 
 the ist of November, 1900, may be cited as the Board of Education 
 (Powers) Order in Council, 1900. The provisions of the Order in 
 Council are as follows : 
 
 i. The powers of 
 
 (a) inquiring into charities ; and (b) requiring accounts and state- 
 ments to be rendered and answers to questions to be returned ; and 
 
 (c) requiring copies of and extracts from documents to be furnished ; and 
 
 (d) searching records ; and (e] requiring the attendance of witnesses 
 and the production of documents ; and (/) examining witnesses on oath 
 and administering oaths conferred on the Charity Commissioners and 
 their Assistant Commissioners and officers by the enactments specified 
 in Part I. of the First Schedule to this Order, or by any scheme under the 
 Charitable Trusts Acts, 1853 to 1894, or the Endowed Schools Acts, 1869 
 to 1889, may, so far as they relate to trusts for educational purposes, be 
 exercised by the Board of Education and their officers concurrently with 
 the Charity Commissioners and their Assistant Commissioners and other 
 officers, and accordingly those enactments and schemes and the enact- 
 ments specified in Part II. of that schedule shall apply with the 
 modifications set forth in the Second Schedule to this Order. 
 
 2. (i.) There shall be transferred to the Board of Education 
 (a) all powers conferred on the Charity Commissioners by any 
 scheme made under the Endowed Schools Acts, 1869 to 1889, or any
 
 62 & 63 VICT., c. 33, SEC. 2. 447 
 
 of them, and regulating an endowment held for, or applicable to, 
 educational purposes in Wales or the county of Monmouth, or by any 
 scheme amending any such scheme, except such of those powers as 
 relate to the vesting or transfer of any land or funds of the endowment 
 in, to, or from the Official Trustee of Charity Lands or the Official 
 Trustees of Charitable Funds ; and 
 
 (b) all powers conferred on the Charity Commissioners by the 
 Charitable Trusts Acts, 1853 to 1894, or the Endowed Schools Acts, 
 1869 to 1889, so far as those powers are exerciseable in respect of any 
 endowment so regulated. 
 
 (2.) Provided that 
 
 (a) land or funds belonging to any such endowment shall not be 
 vested or transferred in, to, or from the Official Trustee of Charity 
 Lands or the Official Trustees of Charitable Funds except by Order of 
 the Charity Commissioners ; and 
 
 (b) the powers of the Charity Commissioners with respect to (i.) 
 the appointment and removal of trustees, or otherwise in relation to 
 the constitution of a governing body, of an endowment held partly for 
 educational purposes in Wales and the county of Monmouth and 
 partly for other purposes ; and (ii.) the property of an endowment the 
 income of which is applicable partly to educational purposes in Wales 
 and the county of Monmouth and partly for other purposes, shall not 
 be transferred to the Board of Education unless the property of the 
 endowment is administered by a governing body established for 
 educational purposes, and any question whether a governing body was 
 established for educational purposes shall be determined by the Charity 
 Commissioners. 
 
 (3.) For the purposes of the transfer effected by this section, the 
 provisions of the Charitable Trusts Acts, 1853 to 1894, and the 
 Endowed Schools Acts, 1869 to 1889, shall apply with the modifications 
 and adaptations set forth in the Second Schedule to this Order, and in 
 the schemes conferring powers transferred by this section the provisions 
 relating to those powers shall have effect as if anything required to be 
 done to, by, or in relation to the Charity Commissioners, were required 
 to be done to, by, or in relation to the Board of Education, and any 
 rules, regulations, or forms made, approved, or prescribed by the 
 Charity Commissioners under any such scheme shall continue in force 
 until varied, revoked, or superseded by new rules, regulations, or forms 
 made in accordance with the provisions of the scheme as amended by 
 this Order. 
 
 3. This Order may be cited as the Board of Education (Powers) 
 Order in Council, 1900, and shall come into operation on the first day 
 of November one thousand nine hundred. 
 
 The enactments specified in the First Schedule, Part I., are the Chari- 
 table Trusts Act, 1853 (16 & 17 Viet, c. 137), ss. 9, 10, 11, and 12, as 
 amended by the Charitable Trusts Act, 1887 (50 & 51 Viet., c. 49), and 
 the Charitable Trusts Amendment Act, 1855 (18 & 19 Viet., c. 124), 
 ss. 6 and 7, as amended by the Charitable Trusts Act, 1887 (50 & 51 
 Viet., c. 49). 
 
 The enactments specified in Part II. of the First Schedule are the 
 Charitable Trusts Act, 1853, ss. 13, 14, and 15, and the Charitable 
 Trusts Amendment Act, 1855, ss. 8 and 9, as amended by the Chari- 
 table Trusts Act, 1887. 
 
 The modifications and adaptations provided for by the Second 
 Schedule are as follows : 
 
 References to the Board of Charity Commissioners shall be
 
 BOARD OF EDUCATION ACT, 1899. 
 
 construed as references to the Board of Education. References to a 
 Charity Commissioner shall be construed as references to a member 
 of the Board of Education. References to Assistant Charity Commis- 
 sioners shall be construed as references to inspectors and other 
 officers of the Board of Education. References to the secretary and 
 other officers of the Charity Commissioners shall be construed as 
 references to the secretary and other officers of the Board of Educa- 
 tion. The Board of Education shall before finally settling the draft of 
 any amending scheme framed under the Endowed Schools Ac'ts, 1869 
 to 1889, cause all such steps to be taken as are by those Acts required 
 to be taken before any such scheme is submitted for approval to the 
 Committee of Council on Education, and such final settlement shall 
 take the place of the approval required by those Acts, and accordingly 
 the Board of Education shall cause the scheme to be published and 
 circulated in such manner, and together with such notice, as is 
 required by section thirteen of the Endowed Schools Act, 1873, a d 
 the like proceedings may be taken with respect to a scheme so settled 
 as may under the Endowed Schools Acts, 1869 to 1889, be taken with 
 respect to a scheme approved by the Committee of Council on Educa- 
 tion. The report required by section sixteen of the Endowed Schools 
 Act, 1873, to be made to the Committee of Council on Education shall 
 be made to Her Majesty the Queen. 
 
 With reference to this Order in Council, the Board of Education 
 stated that the powers over Educational Endowments in England, 
 which, under this Order, are exerciseable by the Board of Education as 
 well as by the Charity Commissioners, are, broadly speaking, powers 
 required in order to obtain full information concerning such endow- 
 ments. They do not confer on the Board of Education any power to 
 make or amend a scheme, or to relieve Governing Bodies from any of 
 the disabilities which limit the powers of trustees in dealings with the 
 property of the Trust. The Board of Education contemplate that the 
 powers in question will be exercised by them in connection with 
 (a) Inspection of Endowed Schools under section 3 of the Board of 
 Education Act ; and (b) Local inquiries held with a view to prevent 
 undesirable competition between schools in the same locality, or other- 
 wise to promote the better local organization of Secondary Education. 
 
 The above explanation refers to England. In Wales and Monmouth- 
 shire the Board of Education take the place of the Charity Commissioners 
 (with the exceptions mentioned in the Order) for the transaction of all 
 business connected with Educational Endowments regulated by scheme 
 made under the Endowed Schools Acts. 
 
 Educational Endowments in Wales and Monmouthshire not regulated 
 by scheme under those Acts will be affected by the Order to the same 
 extent as Educational Endowments in England. 
 
 A further Order in Council, dated the i^th of July, 1901, which 
 has been made under the powers conferred by this section, provides for 
 the transfer of additional powers from the Charity Commissioners to 
 the Board of Education. 
 
 This Order in Council, which may be cited as the Board of Education 
 (Powers) Order in Council, 1901, and came into operation on the 1st 
 of September, 1901, provides as follows: 
 
 I. (i.) The powers conferred on the Charity Commissioners by 
 the Charitable Trusts Acts, 1853 to 1894, and by the Endowed Schools 
 Acts, 1869 to 1889, * frame, approve, certify, establish, and amend
 
 62 & 63 VICT., c. 33, SEC. 2. 449 
 
 schemes shall, so far as those powers are exerciseable in respect of any 
 endowment held solely for educational purposes in England and 
 Wales, and so far as they have not already been transferred to the 
 Board of Education, be transferred to that Board. 
 
 Provided that a scheme made by the Board of Education shall not 
 contain provisions requiring or authorizing any land or funds belong- 
 ing to any such endowment to be vested or transferred in, to, or from 
 the Official Trustee of Charity Lands or the Official Trustees of Charity 
 Funds otherwise than by order of the Charity Commissioners. 
 
 (2.) Where the Charity Commissioners, in exercise of the powers 
 conferred on them by the Charitable Trusts Acts, 1853 to 1894, or the 
 Endowed Schools Acts, 1869 to 1889, determine, by scheme or other- 
 wise, in respect of any endowment held partly for educational purposes 
 and partly for other purposes, what part of the endowment is held for 
 educational purposes that part shall, for the purposes of this Order, be 
 treated as an educational endowment held solely for educational 
 purposes. 
 
 (3.) For the purposes of the transfer effected by this section the 
 provisions of the Charitable Trusts Acts, 1853 to 1894, and the 
 Endowed Schools Acts, 1869 to 1889, shall apply with the modifica- 
 tions and adaptations set forth in the schedule of this Order. 
 
 (4.) In any scheme made before the commencement of this Order 
 relating to an endowment held solely for educational purposes, 
 provisions empowering the Charity Commissioners to make amending 
 schemes and to make rules, regulations, and forms, and any rules, 
 regulations, and forms made by the Charity Commissioners, before 
 the commencement of this Order in pursuance of any such power, 
 shall have effect as if in those provisions and in those rules, regulations, 
 and forms, references to the Board of Education were substituted for 
 references to the Charity Commissioners. 
 
 2. Provisions in any scheme made before the commencement of this 
 Order empowering the Charity Commissioners by order to direct the 
 manner in which a school shall be examined in any year, or directing 
 the Governing Body to send a copy of the examiner's report to the 
 Charity Commissioners, shall have effect as if in any such scheme 
 references to the Board of Education had been substituted for references 
 to the Charity Commissioners. 
 
 3. This Order may be cited as the Board of Education (Powers) 
 Order in Council, 1901, and shall come into operation on the ist day 
 of September, 1901. 
 
 The modifications and adaptations referred to in the Schedule 
 are as follows : 
 
 In such of the provisions of the Charitable Trusts Acts, 185310 1894, 
 and of the Endowed Schools Acts, 1869 to 1889, as relate to the 
 framing, approving, certifying, establishing, and amending of schemes, 
 or to the powers and duties and proceedings incidental thereto or 
 consequential thereon, for references to the Charity Commissioners 
 and their officers shall be substituted references to the Board of 
 Education and their officers respectively. 
 
 The Board of Education shall, before finally settling the Draft 
 of any scheme framed under the Endowed Schools Acts, 186910 1889, 
 or any of them, cause all such steps to be taken as are by those Acts 
 required to be taken before any such scheme is submitted for approval 
 to the Committee of Council on Education, and such final settlement 
 shall take the place of the approval required by those Acts, and
 
 450 BOARD OF EDUCATION ACT, 1899. 
 
 accordingly the Board of Education shall cause the scheme to be 
 published and circulated in such manner and together with such 
 notice as is required by section thirteen of the Endowed Schools Act, 
 1873, and the like proceedings may be taken with respect to a scheme 
 so settled as may under the Endowed Schools Acts, 1869 to 1889, 
 be taken with respect to a scheme approved by the Committee of 
 Council on Education. 
 
 The report required by section sixteen of the Endowed Schools 
 Act, 1873, to be made to the Committee of Council on Education shall 
 be made to His Majesty the King. 
 
 The Board of Education stated, with reference to this Order in 
 Council, that the powers transferred to the board are those exercised 
 by the Charity Commissioners for the framing of schemes, under the 
 Endowed Schools Acts and the Charitable Trusts Acts respectively, in 
 the case of endowments in England and Wales applicable solely to 
 educational purposes. The effect of this transfer, so far as Wales 
 and Monmouthshire are concerned, is to extend the jurisdiction of 
 the board for the making of schemes to educational endowments not 
 already regulated by schemes under the Endowed Schools Acts, 1869 
 to 1889. The Charity Commissioners will retain their powers in 
 respect of endowments applicable partly to educational and partly to 
 other purposes until such endowments have been duly apportioned 
 by them between the two, when the educational portion so severed 
 will automatically pass, so far as powers to make or amend schemes 
 are concerned, under the jurisdiction of the board. Provision is also 
 made for the substitution of the board for the charity commissioners 
 as the authority to deal with certain minor details incidental to the 
 working of schemes, but the general jurisdiction of the commissioners 
 in the administration of educational endowments is not affected. 
 
 By a further Order in Council, dated the i \th of August, 1902, made 
 under the powers conferred by this section, it is provided as follows : 
 
 i. All powers (except the powers of appointing the Official Trustees 
 of Charitable Funds, and of making orders for vesting or transferring 
 lands or funds, in, to, or from the Official Trustee of Charity Lands or 
 the Official Trustees of Charitable Funds) conferred on the Charity 
 Commissioners and their officers (except the said Official Trustees), by 
 (a) the enactments specified in the Schedule hereto, or any order 
 scheme, rule, regulation, form, or other instrument made under any of 
 them : and (b) any other enactment, charter, deed, will, order, scheme, 
 rule, regulation, form, or other instrument, shall, so far as those powers 
 relate to endowments held solely for educational purposes, and so far 
 as they have not been transferred to the Board of Education, be 
 transferred to that Board. 
 
 2. (i.) For the purpose of the transfer effected by this Order, 
 (a) In all enactments and instruments, provisions relating to the 
 powers transferred shall be construed as if references to the Charity 
 Commissioners and their officers, except the said Official Trustees, were 
 references to the Board of Education and their officers, and shall have 
 effect as if everything required to be done to, by, or in relation to the 
 Charity Commissioners and their officers, except the said . Official 
 Trustees, were required to be done to, by, or in relation to the Board 
 of Education and their officers, (b} The report required by sec. 16 
 of the Endowed Schools Act, 1873, to be made to the Committee of 
 Council on Education shall be made to His Majesty the King.
 
 62 & 63 VICT., c. 33, SEC. 3. 451 
 
 (2.) Where the Charity Commissioners, in exercise of the powers 
 conferred on them by the Charitable Trusts Acts, 1853 to 1894, or the 
 Endowed Schools Acts, 1869 to 1889, determine, by scheme or other- 
 wise, in respect of any endowment held partly for educational purposes 
 and partly for other purposes, what part of the endowment is held for 
 educational purposes, that part shall, for the purposes of this Order, 
 be treated as an educational endowment held solely for educational 
 purposes. 
 
 3. This Order shall come into operation on the 1st day of October, 
 1902, and may be cited as the Board of Education (Powers) Order in 
 Council, 1902, and the Board of Education (Powers) Order in Council, 
 1900, the Board of Education (Powers) Order in Council 1901, and 
 this Order may be cited together as the Board of Education (Powers) 
 Orders in Council, 1900 to 1902. 
 
 Schedule 16 & 17 Viet., c. 137 ; 18 & 19 Viet., c. 124; 23 & 24 
 Viet., c. 136 ; 25 & 26 Viet., c. 112 ; 32 & 33 Viet., c. no; 50 & 51 
 Viet., c. 49 ; 54 & 55 Viet., c. 17, and 57 & 58 Viet., c. 35, The Charitable 
 Trusts Acts, 1853 to 1894. 32 & 33 Viet., c. 56 ; 36 & 37 Viet., c. 87, 
 and 37 & 38 Viet., c. 87, The Endowed Schools Acts, 1869, 1873, a d 
 1874. 17 & 18 Viet., c. 112, The Literary and Scientific Institutions 
 Act, 1854. 21 & 22 Viet., c. 71, The Bishops' Trusts Substitution Act, 
 1858. 23 & 24 Viet., c. 134, The Roman Catholic Charities Act, 1860. 
 35 & 36 Viet., c. 24, The Charitable Trustees Incorporation Act, 1872. 
 45 & 46 Viet., c. 21, The Places of Worship Sites Amendment Act, 
 1882. 51 & 52 Viet., c. 42, The Mortmain and Charitable Uses Act, 
 1888. 54 & 55 Viet., c. 73, The Mortmain and Charitable Uses Act, 
 1891. 55 & 56 Viet., c. 1 1, The Mortmain and Charitable Uses Amend- 
 ment Act, 1892. 55 & 56 Viet., c. 29, The Technical and Industrial 
 Institutions Act, 1892. 46 & 47 Viet., c. 61, The Agricultural Holdings 
 Act, 1883. 45 & 46 Viet., c. 80, The Allotments Extension Act, 1882. 
 50 & 51 Viet., c. 48, and 53 & 54 Viet., c. 65, The Allotments Acts, 
 1887 and 1890. 45 & 46 Viet., c. 50, The Municipal Corporations 
 Act,- 1 882. 46 & 47 Viet., c. 1 8, The Municipal Corporations Act, 1883. 
 55 & 56 Viet., c. 53, The Public Libraries Act, 1892. 56 & 57 Viet., 
 c. 73, The Local Government Act, 1894. 62 & 63 Viet., c. 14, The 
 London Government Act, 1899. 
 
 Any of the powers of the Board of Agriculture relating to education 
 may under this section be transferred to the Board of Education. 
 Under the Board of Agriculture Act, 1889, the Board may inspect 
 and report on any school (not being a public elementary school) 
 in which technical education, practical or scientific, is given in any 
 subject connected with agriculture (including horticulture) and forestry, 
 and can aid institutions by grants. 
 
 See also sec. 13 of 2 Edw. 7, c. 42, ante, as to powers of Board of 
 Education with regard to endowments. 
 
 Inspection of Secondary Schools. 
 
 3. (i.) The Board of Education may by their officers, 
 or, after taking the advice of the consultative committee 
 hereinafter mentioned, by any university or other 
 organization, inspect any school supplying secondary
 
 452 BOARD OF EDUCATION ACT, 1899. 
 
 education and desiring to be so inspected, for the purpose 
 of ascertaining the character of the teaching in the school 
 and the nature of the provisions made for the teaching and 
 health of the scholars, and may so inspect the school on 
 such terms as may be fixed by the Board of Education 
 with the consent of the Treasury : Provided that the 
 inspection of schools established by scheme under the 
 Welsh Intermediate Education Act, 1889, shall, subject to 
 regulations made by the Treasury under section nine of 
 that Act, be conducted as heretofore by the Central 
 Welsh Board for Intermediate Education, and that the 
 said Board shall be recognized as the proper organization 
 for the inspection of any such schools as may be desirous 
 of inspection under this section, (i) 
 
 (2.) The council of any county or county borough may 
 out of any money applicable for the purposes of technical 
 education pay or contribute to the expenses of inspecting 
 under this section any school within their county or 
 borough. (2) 
 
 (i) As to the Consultative Committee, see note on sec. 4. 
 
 The rules which have been made by the Board of Education with 
 regard to the inspection of secondary schools under this section are 
 as follows : 
 
 i. The Board of Education will be prepared to conduct an inspection 
 under sec. 3 of the Board of Education Act, 1899, on the following 
 conditions, upon receiving an application for such inspection from 
 the governing body of the school. 
 
 The Board cannot undertake to arrange for an inspection to take 
 place in less than two months from the date on which the formal 
 application for inspection is received. 
 
 The inspection will cover (a) the administration of the school, (b) the 
 condition of the school buildings, and (c) the education given through- 
 out the school. 
 
 (a) For the purposes of the administrative inspection there will be 
 a conference between an inspector and the governing body. 
 
 (b) The inspection of the school buildings will include sanitary 
 inspection, for which purpose a sanitary expert may, in special cases, 
 have to be called in. It will also include an inspection of all boarding 
 houses conducted by the governors or under their license, or by any 
 member of the school staff, and of the provision for recreation. 
 
 (c) The educational inspection will include all the subjects com- 
 prised in the curriculum of the school. 
 
 Where the school is in receipt of grants from the Board, the inspec- 
 tion will be combined with that required for the assessment of the 
 grant. 
 
 The charge for inspection, based on the ordinary curriculum, will be 
 as follows, viz. : For a school having not more than 50 students, 5/. ; 
 for a school having more than 50 students and not more than 75, 
 7/. icw. ; for a school having more than 75 students and not more than 
 IQO, io/, ; and so on.
 
 62 & 63 VICT., c. 33, SEC. 4. 453 
 
 In assessing the charge but half the above rate will be payable in 
 respect of those students in a school who are in excess of 400 ; and a 
 further reduction at the same rate will be made in respect of all 
 students who are in that department of a school which is conducted as 
 a school of science. 
 
 A minimum charge of $1. will in all cases be made. 
 
 The report of the Board on the efficiency of the school at the time 
 of inspection will be sent to the governing body and to the head- 
 master or the head-mistress of the school, and also to the county 
 council, if that body contributes to the cost of the inspection under 
 sec. 3, sub-sec. 2 of the Act. The report, if published, must be pub- 
 lished in its entirety. 
 
 The Board of Education, in their Annual Report, 1901, with reference 
 to the inspection thus provided for, stated: "The inspection is designed 
 to include the administrative as well as the educational organization 
 of the school, and to have regard to its external relations, or its place 
 in the educational supply of the district, as well as to its internal 
 management and the efficiency of the instruction offered. On the 
 latter side its aim is to inquire into the organization and co-ordination 
 of studies, and into methods of teaching, rather than to test the attain- 
 ments of the pupils. The inspection includes in all cases a conference 
 between the inspectors and the governing body or managers of the 
 school, which is essential for administrative purposes, and may be 
 made an opportunity for useful discussions of educational principles in 
 connection with facts or tendencies disclosed by the inspection." 
 
 (2) The Board of Education, in their Annual Report, 1901, with 
 reference to this provision, stated that the power conferred by the Act 
 on county councils to pay the expense of inspecting schools within 
 their respective counties, had already been exercised, and seemed 
 likely to contribute largely to the development of this function of the 
 Board. 
 
 Consultative Committee. 
 
 4. It shall be lawful for Her Majesty in Council, by 
 order, to establish a consultative committee consisting, as 
 to not less than two-thirds, of persons qualified to represent 
 the views of universities and other bodies interested in 
 education, for the purpose of 
 
 (a) framing, with the approval of the Board of Educa- 
 tion, regulations for a register of teachers, 
 which shall be formed and kept in manner to 
 be provided by Order in Council : Provided 
 that the register so formed shall contain the 
 names of the registered teachers arranged in 
 alphabetical order, with an entry in respect to 
 each teacher showing the date of his registration, 
 and giving a brief record of his qualifications 
 and experience ; and
 
 454 BOARD OF EDUCATION ACT, 1899. 
 
 (b) advising the Board of Education on any matter 
 referred to the committee by the Board. 
 
 An Order in Council, of the Jih of August, 1900, after reciting this 
 section, orders that there shall be established a consultative committee 
 of the Board of Education consisting of eighteen members, and that 
 the following persons shall be the first members of the committee : 
 Rt Hon. Arthur H. Dyke Acland ; Sir William R. Anson, Bart., 
 M.P. ; Professor Henry Armstrong ; Mrs. Sophie Bryant ; Rt. Hon. 
 Sir William Hart Dyke, Bart., M.P. ; Sir Michael Foster, K.C.B., 
 M.P. ; Mr. James Gow, Litt.D. ; Mr. Ernest Gray, M.P. ; Mr. Henry 
 Hobhouse, M.P. ; Mr. Arthur Charles Humphreys-Owen, M.P. ; Sir 
 Richard Claverhouse Jebb, M.P. ; Hon. and Rev. Edward Lyttelton ; 
 Very Rev. Edward Craig Maclure, D.D., Dean of Manchester ; Miss 
 Lydia Manley ; The Venerable Ernest Grey Sandford, Archdeacon of 
 Exeter ; Mrs. Eleanor Mildred Sidgwick ; Professor Bertram Coghill 
 Alan Windle, M.D. ; and Rev. David James Waller, D.D. 
 
 Subject to the provisions of the order as to the retirement of the 
 first members of the committee, the term of office of a member of the 
 committee is six years. On the 1st of October in every second year 
 six members of the committee are to go out of office, and their places 
 are to be filled by such persons as the President of the Board of 
 Education appoints. A person going out of office may be reappointed. 
 The committee are to elect a chairman, who is to hold office until 
 the next day for the retirement of members of the committee, but, if 
 he continues to be, or is reappointed, a member of the committee, he 
 may be re-elected chairman. If during his term of office the chairman 
 ceases to be a member of the committee, the committee are to elect 
 a new chairman. The chairman is to preside at every meeting of the 
 committee at which he is present. 
 
 Such person as the President of the Board of Education appoints is 
 to be the secretary to the committee, and is to hold office during the 
 pleasure of the President of the Board. 
 
 The committee are to meet at such times, and notice of meetings 
 to be given to the members of the committee in such manner, as 
 the President of the Board of Education appoints. At a meeting of 
 the committee, six is to be a quorum. Subject to the provisions of the 
 order the committee may regulate their own procedure. No act or 
 proceeding of the committee is to be questioned on account of any 
 vacancy in their body. 
 
 The President of the Board of Education may for special purposes 
 appoint sub-committees of the committee, and any sub-committee so 
 appointed may, within the limits authorized by the President, add to 
 their number persons not being members of the committee. 
 
 If a member of the committee is absent from two consecutive 
 meetings of the committee, except for some reason approved by the 
 President of the Board of Education, his office will become vacant. 
 
 On a casual vacancy occurring in the committee by reason of the 
 death, resignation, or absence of a member, the President of the Board 
 of Education is to appoint another person in his place, and the person 
 so appointed is to hold office until the time when the person in whose 
 place he is appointed would regularly have gone out of office, and is 
 then to go out of office. 
 
 In making appointments under the order the President of the Board 
 of Education is to have regard to the requirements of the Board of
 
 62 & 63 VICT., c. 33, SEC. 7. 455 
 
 Education Act, 1899, that the committee shall consist, as to not less 
 than two-thirds, of persons qualified to represent the views of 
 universities and other bodies interested in education. 
 
 The President of the Board of Education may fix the times of retire- 
 ment of the members of the committee appointed by the order so that 
 six of them shall retire on the ist of October, 1902, six on the ist of 
 October, 1904, and six on the ist of October, 1906. 
 
 The Interpretation Act, 1889, applies for the purpose of the inter- 
 pretation of the order as it applies for the interpretation of an Act of 
 Parliament. 
 
 The order, which may be cited as the Board of Education (Consulta- 
 tive Committee) Order in Council, 1900, came into operation on the 
 ist of October, 1900. 
 
 For Orders in Council as to the regulations which have been made 
 with reference to a register of teachers, see Appendix, p. 657. 
 
 Orders to be laid before Parliament. 
 
 5. The draft of any order proposed to be made under 
 this Act shall be laid before each House of Parliament for 
 not less than four weeks during which that House is 
 sitting, before it is submitted to Her Majesty in Council. 
 
 Staff, Remuneration, and Expenses. 
 
 6. (i.) The Board of Education may appoint such 
 secretaries, officers, and servants as the Board may, with 
 the sanction of the Treasury, determine. 
 
 (2.) There shall be paid, out of moneys provided by 
 Parliament, to the President of the Board, unless he holds 
 another salaried office, such annual salary not exceeding 
 two thousand pounds, and to the secretaries, officers, and 
 servants of the Board such salaries or remuneration as the 
 Treasury may determine. 
 
 Style, Seal, and Proceedings of Board of Education. 
 
 7.- (i.) The Board of Education may sue and be sued 
 and may for all purposes be described by that name. 
 
 (2.) The Board shall have an official seal, which shall be 
 officially and judicially noticed, and that seal shall be 
 authenticated by the signature of the President or some 
 member of the Board, or of a secretary, or of some person 
 authorized by the President or some member of the Board 
 to act on behalf of a secretary. 
 
 (3.) Every document purporting to be an instrument
 
 456 BOARD OF EDUCATION ACT, 1899. 
 
 issued by the Board of Education, and to be sealed with 
 the seal of the Board, authenticated in manner provided 
 by this Act, or to be signed by a secretary or any person 
 authorized by the President or some member of the Board 
 to act on behalf of a secretary, shall be received in 
 evidence, and be deemed to be such an instrument without 
 further proof, unless the contrary is shown. 
 
 (4.) A certificate signed by the President or any 
 member of the Board of Education that any instrument 
 purporting to be made or issued by the President or some 
 member of the Board is so made or issued shall be 
 conclusive evidence of the fact. 
 
 See also as to evidence of orders, &c., 33 & 34 Viet., c. 75, sec. 83, 
 and 39 & 40 Viet., c. 79, sec. 45, ante. 
 
 Power for President or Secretary to sit in Parliament. 
 
 8. (i.) The office of President of the Board of Educa- 
 tion shall not render the person holding it incapable of 
 being elected to, or of voting in, the Commons House of 
 Parliament, and shall be deemed to be an office included 
 in Schedule H. of the Representation of the People Act, 
 1867 ; in Schedule H. of the Representation of the People 
 (Scotland) Act, 1868 ; in Schedule E. of the Representa- 
 tion of the People (Ireland) Act, 1868 ; and in Part I. of 
 the Schedule of the Promissory Oaths Act, 1868. 
 
 (2.) After the abolition of the office of the Vice-Presi- 
 dent of the Committee of the Privy Council on Education, 
 one of the secretaries of the Board of Education shall not 
 by reason of his office be incapable of being elected to or 
 of voting in the Commons House of Parliament. 
 
 The office of Vice-President of the Committee of the Privy Council 
 on Education has been abolished and a Parliamentary Secretary to 
 the Board of Education has been appointed. 
 
 Extent, Commencement, and Short Title. 
 
 9. (i.) This Act shall not extend to Scotland or 
 Ireland. 
 
 (2.) This Act shall come into operation on the first day 
 of April, one thousand nine hundred. 
 
 (3.) This Act may be cited as the Board of Education 
 Act, 1899.
 
 62 & 63 VICT., c. 33, soil. 
 
 457 
 
 SCHEDULE. 
 
 ENACTMENTS REPEALED. 
 
 Session and Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 ig & 20 Viet., c. 116. 
 
 The Education De- 
 
 The whole Act. (i) 
 
 
 partment Act, 
 
 
 
 1856. 
 
 
 21 & 22 Viet., C. 97. 
 
 The Public Health 
 
 In section seven the words 
 
 
 Act, 1858. 
 
 "the Vice-President of 
 
 
 
 "the Committee of the 
 
 
 
 "said Privy Council on 
 
 
 
 " Education being one of 
 
 
 "them." (2) 
 
 2 II
 
 ( 458 ) 
 
 ELEMENTARY EDUCATION ACT, 1900. 
 
 (63 & 64 VlCT., C. 53.) 
 
 AN ACT TO AMEND THE ELEMENTARY EDUCATION ACTS, 
 1870 TO 1893. 
 
 \%th August, 1900.] 
 
 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 : 
 
 Calculation of Average Attendance. 
 
 I. For the purpose of the fee grant under the Elementary 
 Education Act, 1891, average attendance shall be cal- 
 culated in accordance with the minutes of the Board of 
 Education in force for the time being in respect to public 
 elementary schools. 
 
 The Elementary Education Act, 1891 (see p. 374), by sec. i, provides, 
 subject to the conditions specified in that Act, for the payment of a fee 
 grant in aid of the cost of elementary education, at the rate of los. a 
 year for each child of the number of children over three and under 
 fifteen years of age " in average attendance " at any public elementary 
 school not being an evening school. Sec. 10 provided that the ex- 
 pression "average attendance" should for the purposes of the fee 
 grant mean "average attendance" calculated in accordance with the 
 minutes in force at the date of the commencement of the Act, i.e., the 
 ist of September, 1891. 
 
 The Board of Education may, by their minutes in respect of public 
 elementary schools, vary from time to time the provisions as to the 
 calculation of " average attendance," and the " average attendance " 
 is now for the purposes of the Act in question to be calculated in 
 accordance with the minutes of the Board in force for the time being 
 with respect to public elementary schools, although they may differ 
 from the minutes in force at the date of the commencement of that Act. 
 
 For the provisions of the Day School Code of 1902 with reference 
 to the calculation of " average attendance," see Appendix, p. 634.
 
 63 & 64 VICT., c. 53, SEC. 2. 459 
 
 Power of Guardians to contribute to Expenses of Public 
 Elementary School. 
 
 2. The board of guardians of any poor law union may 
 contribute towards such of the expenses of providing, 
 enlarging, or maintaining, any public elementary school 
 as are certified by the Board of Education to have been 
 incurred wholly or partly in respect of scholars taught at 
 the school, who are either resident in a workhouse or in an 
 institution to which they have been sent by the guardians 
 from a workhouse, or boarded out by the guardians. 
 
 Boards of guardians have very generally adopted arrangements 
 under which the children of school age in the workhouses and other 
 poor law establishments have been sent to public elementary schools 
 in the neighbourhood, instead of providing schools for the education 
 of the children in the workhouse or other institution. This has been 
 attended with very beneficial results to the children. But the union 
 for which a board of guardians acts is usually of large area and 
 almost always includes several parishes, and in many cases when it 
 was proposed that the children under the charge of the guardians 
 should be sent to the public elementary schools of the borough or 
 parish in which the workhouse was situated, objection was not un- 
 reasonably made on the ground that the burden which the education 
 of the children involved would fall exclusively on the particular district 
 where the workhouse was situated, instead of being shared by all the 
 parishes from which the children were brought to the workhouse. The 
 Board of Education to some extent met this objection by approving, 
 under sec. 4 (i) of the Elementary Education Act, 1891, of a charge 
 of fees for children sent to a public elementary school by the guardians. 
 The fees thus approved varied from ^d. to 6d. per week per child, 
 according to the circumstances. 
 
 The children who are boarded out by the guardians attend the 
 public elementary schools, and the Board of Education have ap- 
 proved of fees being charged in these cases also. 
 
 It sometimes happened, however, that there was not sufficient school 
 accommodation in the public elementary school or schools in the 
 neighbourhood of the workhouse or other poor law establishment to 
 allow of the admission of the children whom the guardians might desire 
 to send there, and prior to the passing of this Act the guardians 
 were not empowered to contribute towards the cost of providing 
 additional school accommodation in such cases or for children boarded 
 out by them. The enactment was for the purpose of meeting this 
 difficulty. Whilst, however, the guardians are empowered to contri- 
 bute towards the expenses referred to in the section, there is no actual 
 obligation imposed on them to do so. 
 
 In a case where a board of guardians claimed admission to a public 
 elementary school of children from the workhouse and admission was 
 refused unless the guardians subscribed to the school, the Board of 
 Education held that the managers of the school were under no 
 obligation to admit children from the workhouse unless the guardians 
 were prepared to contribute towards the expenses of the school. 
 
 A school certified by the Local Government Board, under the
 
 460 ELEMENTARY EDUCATION ACT, IQOO. 
 
 25 & 26 Viet., c. 43, is an institution for the purposes of the section as 
 regards children who have been sent there by the guardians from a 
 workhouse. 
 
 Expenses of Children in Industrial Schools. 
 
 4. (i.) Where a child is committed to a certified in- 
 dustrial school, at the instance of a school board or other 
 local authority within the meaning of the Elementary 
 Education Acts, 1870 to 1893, the authority may pay the 
 expenses of and incidental to the conveyance of the child 
 to and from the school, and the sending of the child out 
 on licence or bringing back the child on the expiration or 
 revocation of a licence, (i) 
 
 (2.) Where any such local authority have contributed to 
 the support of a child in an industrial school they may 
 contribute to the ultimate disposal of the child. (2) 
 
 (1) The powers of a school board under this section from the "ap- 
 pointed day" under sec. 27 of 2 Edw. 7, c. 42, ante, are to be exercised 
 by the Local Education Authority, except in the Metropolis, but they 
 may delegate their powers to the education committee. 
 
 Sec. 23 of the Industrial Schools Act, 1866 (29 & 30 Viet., c. 118), 
 provides that the expense of conveying to a certified industrial school 
 a child ordered to be sent there shall be defrayed by the police 
 authorities by whom he is conveyed, and shall be deemed part of the 
 current expenses of those authorities. It was found in many cases 
 that, where children had to be sent to an industrial school under 
 orders obtained by a school board, the school board preferred that the 
 children should be taken to the school by a person employed by them, 
 and that there should be no intervention of the police. This sub- 
 section will enable a Local Education Authority to make such arrange- 
 ments as they may deem desirable for the conveyance of the child to 
 and from the school, and the sending of the child out on licence or 
 bringing back the child on the expiration or revocation of a licence, 
 and to pay the expenses of, and incidental to, such conveyance. 
 
 (2) See sec. i of the Reformatory and Industrial Schools Act, 1891 
 (54 & 55 Viet., c. 23), in note to sec. 14 of Elementary Education Act, 
 !876 (39 & 4 Viet., c. 79), ante, with regard to the powers of the 
 managers of a certified industrial school, in the case of a child who is 
 detained in, or has been placed out on licence from, the school, to 
 apprentice him to, or to dispose of him in, any trade, calling, or 
 service, or by emigration, although his period of detention has not 
 expired. 
 
 Accounts relating to Joint Industrial Schools. 
 
 5. Where two or more school boards combine for the 
 establishment of a joint industrial school under a joint
 
 63 & 64 VICT., c. 53, SEC. 6. 461 
 
 body of managers, the enactments relating to the audit of 
 school board accounts shall apply as if the joint body of 
 managers were a school board. 
 
 Bye-laws for Compulsory Attendance. 
 
 6. (i.) In section seventy- four of the Elementary Edu- 
 cation Act, 1870, and in section four of the Elementary 
 Education Act, 1880 (which relate to bye-laws for the 
 attendance of children at school), fourteen years shall be 
 substituted for thirteen years, (i) 
 
 (2.) The maximum penalty for the breach of a bye-law 
 requiring the attendance of a child at an elementary 
 school, or of an attendance order made under the Elemen- 
 tary Education Act, 1876, shall be twenty shillings, and 
 accordingly twenty shillings shall be substituted for five 
 shillings in section seventy-four of the Elementary Edu- 
 cation Act, 1870, and in section twelve of the Elementary 
 Education Act, 1876. (2) 
 
 (3.) The said section seventy-four shall have effect as if 
 the sanction therein referred to were the sanction of the 
 Board of Education instead of the sanction of Her Majesty 
 in Council. (3) 
 
 (1) Under sec. 74 of the Act of 1870 (33 & 34 Viet., c. 75), ante, 
 no bye-laws as to the attendance of children at school could apply to 
 children above the age of thirteen years. This age is now extended 
 to fourteen years. As to bye-laws, see note on section referred to. 
 
 Sec. 4 of the Act of 1880 (43 & 44 Viet., c. 23), ante, as amended by 
 this Act, is as follows : " Every person who takes into his employment 
 a child of the age of ten and under the age of fourteen years, before 
 that child has obtained a certificate of having reached the standard of 
 education fixed by a bye-law in force in the district for the total or 
 partial exemption of children of the like age from the obligation to 
 attend school, shall be deemed to take such child into his employment 
 in contravention of the Elementary Education Act, 1876, and shall be 
 liable to a penalty accordingly." See also notes on 43 & 44 Viet., 
 c. 23, sec. 4. 
 
 (2) Sec. 74 of the Elementary Education Act, 1870 (33 & 34 Viet., 
 c. 75), ante, authorizes the making of bye-laws requiring the attendance 
 of children at school, and " imposing penalties for the breach of any 
 bye-laws," and enacts that the penalty imposed for the breach of any 
 bye-laws shall not exceed such amount as with the costs will amount 
 to 5-r. for each offence. 2os. is now substituted for $s. See notes 
 on sec. 74 of Act referred to as to penalties. 
 
 Sec. 12 of the Elementary Education Act, 1876 (39 & 40 Viet., c. 79), 
 ante, provides that where an attendance order is not complied with, 
 without any reasonable excuse within the meaning of that Act, a court 
 of summary jurisdiction, on complaint made by the local authority, may,
 
 462 ELEMENTARY EDUCATION ACT, IQOO. 
 
 if they think fit, order as follows : In the first case of non-compliance 
 if the parent of the child does not appear, or appears and fails to 
 satisfy the court that he has used all reasonable efforts to enforce 
 compliance with the order, the court may impose a penalty not 
 exceeding, with the costs, 5-r. . . . In this case also 2os. is to be 
 substituted for 5^. 
 
 (3) Sec. 74 of the 33 & 34 Viet., c. 75, provided that the bye-laws 
 should not come into force until they had been sanctioned by Her 
 Majesty in Council, that it should be lawful for Her Majesty by Order 
 in Council to sanction the bye-laws, and that thereupon the same 
 should have effect as if they were enacted in the Act. This provision 
 renders it unnecessary to obtain the sanction of His Majesty in 
 Council, as the sanction of the Board of Education will take the place 
 of and have the same effect as that sanction. 
 
 Amendment of 39 & 40 Viet., c. 79, as to Standard of 
 A ttendances. 
 
 7. In paragraph two of the First Schedule to the 
 Elementary Education Act, 1876 (which relates to the 
 standard of previous due attendance at a certified efficient 
 school), three hundred and fifty shall be substituted for 
 two hundred and fifty. 
 
 The Elementary Education Act, 1876 (39 & 40 Viet., c. 79), contains 
 provisions as to attendance at school which specially refer to children 
 between the maximum age to which the bye-laws in force in the 
 district apply and the age of fourteen years, and the first schedule to 
 that Act prescribes the standards of proficiency and previous due 
 attendance at school for the purpose of a certificate enabling any 
 such child to be employed. 
 
 As regards previous due attendance, the standard prescribed for the 
 purpose of a certificate under the Act enabling a child to be employed 
 was 250 attendances at a certified efficient school after five years of 
 age in not more than two schools during each year for five years, 
 whether consecutive or not. 350 attendances are now substituted for 
 the 250. 
 
 For definition of certified efficient schools, see sees. 16 and 48 of 
 39 & 40 Viet., c. 79. 
 
 The Secretary of State, with the consent of the Board of Education, 
 made an order under sec. 26 of the Factory and Workshop Act, 1878, 
 which, with regard to children above the age of thirteen years, 
 contains similar provisions as to the requirements to be fulfilled in 
 order to obtain for the purpose of employment under that Act a 
 certificate of previous due attendance. See order which took effect 
 from the ist of July, 1901, p. 503. 
 
 In a note to the order it is stated that "in districts where the bye- 
 laws made by the school authority under the Elementary Education 
 Acts apply to children between thirteen and fourteen years of age, a 
 child must also satisfy the conditions of total exemption prescribed 
 by the bye-laws before he can be legally employed full time in a factory 
 or workshop."
 
 63 & 64 VICT., c. 53, SEC. 9. 463 
 
 The Board of Education, in a letter dated February, 1901, state that 
 they cannot give an authoritative decision on a question of law arising 
 out of sec. 7 of the Elementary Education Act, 1900, but that, for the 
 purposes of their own administration, they are not prepared in future 
 to regard a child as exempt from obligation to attend school on an 
 "attendance" qualification unless such child has made 350 previous 
 attendances in each of the five preceding years, whether from the 
 8th August last or not. The Board of Education understand that 
 instructions to a like effect have been given by the Home Office to the 
 inspectors of factories and workshops. 
 
 The Board of Education, in their Annual Report, 1901, after 
 referring to the provisions of this Act, state that the law of school attend- 
 ance under the Elementary Education Acts, as it now stands, may be 
 summarized as follows : 
 
 (i.) If the bye-laws contain a special provision to this effect children 
 may be employed in agriculture at the age of eleven, provided that they 
 attend school 250 times a year up to the age of thirteen. 
 
 (2.) With this exception no child subject to the bye-laws can obtain 
 either partial or total exemption under the age of twelve. 
 
 (3.) A child between twelve and thirteen, or (if the bye-laws are 
 extended) between twelve and fourteen, can only obtain total or partial 
 exemption on the conditions prescribed by the bye-laws. 
 
 (4.) In districts where the bye-laws are still restricted to children of 
 thirteen years of age, a child between thirteen and fourteen can obtain 
 total exemption either on passing the fourth standard, or on making 
 350 previous attendances after five years of age in not more than two 
 schools during each year for five years. 
 
 (5.) A child between twelve and fourteen may claim partial exemp- 
 tion on making 300 previous attendances, but in the view of the 
 Board this exemption can only be claimed in cases where the bye- 
 laws themselves contain a provision for partial exemption. 
 
 Repeal. 
 
 8. The Acts mentioned in the schedule to this Act are 
 hereby repealed to the extent specified in the third column 
 of that schedule. 
 
 Short Title. 
 
 9. This Act may be cited as the Elementary Education 
 Act, 1900, and may be cited with the Elementary Educa- 
 tion Acts, 1870 to 1893.
 
 464 
 
 ELEMENTARY EDUCATION ACT, IQOO. 
 
 SCHEDULE. 
 
 ENACTMENTS REPEALED. 
 
 Session and Chapter. 
 
 Short Title. 
 
 Extent of Repeal. 
 
 S4&55 Viet., c. 56. 
 
 The Elementary Edu- 
 
 Section ten, from "and the 
 
 
 cation Act, 1891. 
 
 expression" to the end 
 
 
 
 of the section. 
 
 56 & 57 Viet., c. 42. 
 
 The Elementary Edu- 
 
 Section four, from "and 
 
 
 cation (Blind and 
 
 until " to the end of the 
 
 
 DeafChildren)Act, 
 
 section. 
 
 
 1893- 
 
 
 
 
 Section five, from "or 
 
 
 
 where the school au- 
 
 
 
 thority" to "value of 
 
 
 
 each parish."
 
 ( 465 ) 
 
 EDUCATION ACT, 1901. 
 (i EDW. 7, c. u.) 
 
 AN ACT FOR ENABLING LOCAL AUTHORITIES TO EM- 
 POWER SCHOOL BOARDS TEMPORARILY TO CARRY ON 
 CERTAIN SCHOOLS ; AND FOR SANCTIONING CERTAIN 
 SCHOOL BOARD EXPENSES. 
 
 [gth August, 1901.] 
 
 BE it enacted by the King'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 : 
 
 Temporary Provision for Certain School Board Schools. 
 
 I. (i.) Where a school board has at any time during 
 the twelve months immediately preceding the thirty-first 
 day of July, one thousand nine hundred and one, main- 
 tained out of the school fund any school or class to the 
 maintenance of which the school fund is not lawfully 
 applicable, the council of the county or county borough 
 within which the school or class is held, or, with the 
 sanction of the Board of Education, any other local 
 authority under the Technical Instruction Acts, 1889 and 
 1891, for the district within which the school or class is 
 held, may empower the school board to carry on for the 
 period of one year from that day the work of the school 
 or class to such extent and on such terms as may be 
 agreed on between such council or local authority and the 
 school board, and to apply to the maintenance of the 
 school or class such sum out of the school fund as 
 the council or local authority may sanction, (i) 
 
 (2.) Where any expenses incurred by a school board in 
 respect of any such school or class before the said day are
 
 466 EDUCATION ACT, IQOI. 
 
 sanctioned by the Local Government Board the legality 
 of those expenses shall not be questioned in any court. (2) 
 
 (i) The question of the legality of expenditure incurred by the School 
 Board for London in connection with Day and Evening Science and 
 Art Classes and Classes and Schools of Science maintained and 
 registered under the Science and Art Department was raised in 
 ^?. v. Cockerton. It appeared that the district auditor disallowed 
 seven separate sums, selected as representative or test items, entered 
 and charged in the accounts of the board for the half-year, as being 
 payments illegally made out of the funds of the board, and surcharged 
 those amounts upon members of the board. A rule for a writ of 
 certiorari was obtained to bring up and quash certificates of dis- 
 allowances and surcharges in the case of three of the items referred 
 to, viz., 32/. 6s. lod. paid to a drawing instructor who was employed 
 wholly or partly in or about the instruction of classes registered under 
 the Science and Art Department ; 4/. paid to Mr. Crick for special 
 instruction in chemistry at one of the evening continuation classes, 
 the instruction being of classes registered under the Science and Art 
 Department ; and 58/. paid to the Polytechnic for Science and Art 
 Examination Papers. It was held by the Court of Appeal (A. L. 
 Smith, M.R., Collins, L.J., and Romer, L.J.) on appeal from the 
 decision of Wills and Kennedy, JJ., in R. v. Cockerton ([1901] i Q.B. 
 322), that it was not within the powers of the school board as a 
 statutory corporation to provide science and art schools or classes 
 of the kind referred to in the case, either in the day schools or in 
 evening continuation classes, out of the school board rate or 
 school fund. The appeal was accordingly dismissed (Rex v. 
 Cockerton, C.A. (1901), i K.B. 726; 70 L.J., K.B. 441, C.A. ; 84 L.T. 
 488 ; 49 W.R. 433 ; 65 J.P. 433). This Act was passed in con- 
 sequence of the decision in that case. 
 
 The object of the Act was to afford means of meeting the difficulty 
 which might be occasioned if school boards were required imme- 
 diately to discontinue all schools or classes which were maintained by 
 them during any part of the year immediately preceding the 3ist of 
 July, 1901, out of the school fund, and for the maintenance of which, 
 according to the judgment referred to, the rates or school fund were 
 not applicable. 
 
 >It will be observed that the local authorities who under the Act 
 might empower school boards to carry on the work of such schools 
 or classes for a period of one year from the 3ist of July, 1901, and 
 sanction the application of the school fund to the maintenance of 
 the schools and classes during that period, were the council of the 
 county or county borough within which the schools or classes were 
 held, and also with the sanction of the Board of Education any other 
 local authority under the Technical Instruction Acts, 1889 and 1891, 
 for the district in which the schools or classes were held. The local 
 authorities under those Acts were the council of any county or 
 borough and any urban district council within the meaning of the 
 Public Health Acts. 
 
 This Act was renewed by the Education Act, 1901, (Renewal) Act, 
 1902, 2 Edw. 7, c. 19, post, which provides that this Act shall have 
 effect as respects the year ending the 3ist of July, 1903, as if 1902 
 were substituted for 1901 in sec. i.
 
 I EDW. 7, C. II, SEC. I. 467 
 
 See also sec. 27 of 2 Edw. 7, c. 42, ante, by which it is provided 
 that the period during which local authorities may under the 
 Education Act, 1901, as renewed by the Education Act, 1901, 
 (Renewal) Act, 1902, empower school boards to carry on the work 
 of the schools and classes to which these Acts relate shall be extended 
 to "the appointed day," arid in the case of London to the 26th of 
 March, 1904. 
 
 With respect to the principles on which the Board of Education 
 acted with regard to making grants to schools, and classes conducted 
 by school boards under the provisions of this section, the Board, in a 
 letter dated 7th of October, 1901, stated as follows : 
 
 Where the local authority have given a general sanction to the con- 
 tinuance of the work of an existing school, it will be placed on the list 
 of recognized schools, and will be eligible for grants in respect of all 
 proposed subjects of instruction (for which specific grants had been 
 paid previously) taught in it during the twelve months preceding the 
 passing of the Act. 
 
 When other subjects are proposed in the curriculum the express 
 sanction of the local authority for such extension must be sought, and 
 the school will not be eligible for grants in respect of such subjects 
 until the specific authorization has been furnished to the Board of 
 Education. 
 
 The same procedure will apply when it is proposed to extend the 
 work of a school by including pupils of an age or sex not previously 
 admitted to the school. The specific sanction of the local authority 
 must be obtained and furnished to the Board of Education. 
 
 Where the building in which instruction has been given has been 
 changed, the school will not be placed on the list of recognized schools 
 until the specific authorization by the local authority of such change 
 has been furnished to the Board of Education. 
 
 The Board of Education have no authority to decide the extent to 
 which, and the terms on which, schools may be legally carried on by 
 school boards, and the school fund applied to their maintenance, under 
 the Act. The receipt of a government grant would not of itself 
 warrant the application of the school fund to the maintenance of the 
 school, nor is such application rendered legitimate by the local 
 authority's sanction unless the sanction is one which they have the 
 legal power to give. 
 
 As to Pupil Teachers' centres, see Dyer and others v. School Boara 
 for London in note to 2 Edw. 7, c. 19, post. 
 
 (2) As regards expenses which, according to the judgment in A', v. 
 Cockerton, could not be lawfully defrayed out of the rates or school 
 fund, and which were incurred before the 3ist of July, 1901, the Local 
 Authorities Expenses Act, 1887 (50 & 51 Viet., c. 72), applies. That 
 Act provides that " expenses paid by any local authority " that term 
 including a school board "whose accounts are subject to audit by a 
 district auditor shall not be disallowed by that auditor if they have 
 been sanctioned by the Local Government Board." It is therefore. open 
 to any school board to apply to the Local Government Board for their 
 sanction to any such expenses as those referred to, and if that sanction 
 is given the expenses cannot be disallowed by the auditor. But the 
 7 & 8 Viet., c. 101, sec. 35, gives a right of appeal to the High Court 
 against the decision of a district auditor in allowing payments as
 
 468 EDUCATION ACT, IQOO. 
 
 well as against his decision in disallowing payments, and the sub- 
 section is for the purpose of precluding an appeal on the question of 
 law in the case of an allowance by the auditor of expenses which have 
 been sanctioned by the Local Government Board. 
 
 Short Title. 
 2. This Act may be cited as the Education Act, 1901.
 
 ( 469 ) 
 
 EDUCATION ACT, 1901, (RENEWAL) ACT, 1902. 
 (2 EDW. 7, c. 19.) 
 
 AN ACT TO RENEW THE EDUCATION ACT, IQOI. 
 
 1902.] 
 
 BE it enacted by the King'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 : 
 
 Renewal of Education Act, 1901. 
 
 i. The Education Act, 1901, shall have effect, as respects 
 the year ending the thirty-first day of July, one thousand 
 nine hundred and three, as if "one thousand nine hundred 
 and two " were substituted for " one thousand nine hundred 
 and one " in section one of that Act. 
 
 Short Title. 
 
 2'. This Act may be cited as the Education Act, 1901, 
 (Renewal) Act, 1902. 
 
 See notes on i Ed\v. 7, c. 1 1, ante, which is renewed by this Act. 
 
 It is to be observed that this Act does not provide for the automatic 
 renewal of any authorization which a school board may have received 
 from the local authority under i Edw. 7, c. u, ante, and that fresh 
 sanctions will have to be obtained for the continuance by the school 
 board of any school or class to which that Act applies. 
 
 After the passing of the Act, i Edw. 7, c. 11, ante, a question was 
 raised before Mr. Cockerton, the district auditor, as to the power of 
 the London School Board to defray out of the school fund expenses 
 in connection with the establishment and maintenance of " Pupil 
 Teachers' Centres," and Mr. Cockerton disallowed, inter alia, a sum 
 of 2//. los. i id. as a payment illegally made out of the school fund in 
 respect of the erection of a building for the provision of instruction 
 of teachers, pupil teachers, or other persons who did not form part of 
 the educational staff of a public elementary school, and surcharged 
 two members of the school board with the amount. The school 
 board, however, proceeded with the erection of the building, it being 
 intended to appeal to the High Court against the disallowance and 
 surcharge. Under these circumstances, in the case of Dyer and others 
 v. The School Board for London, a motion was made in the High
 
 470 EDUCATION ACT, 1 90 1, (RENEWAL) ACT, 1902. 
 
 Court for an injunction to restrain the school board, until judgment 
 or further order, from expending any moneys the produce of the local 
 rates in or towards erecting or building or continuing to erect or build 
 on a certain site any building to be used for the purposes of a Pupil 
 Teachers' Centre. Mr. Justice Farwell was of opinion that it was the 
 duty of the school board to refrain from incurring further expenses in 
 connection with the building in question until the decision of the 
 auditor had been set aside, and granted an interim injunction. 
 
 On appeal against this judgment in the Court of Appeal (Lord 
 Justices Vaughan Williams, Romer, and Mathew), it was held that the 
 disallowance by Mr. Cockerton had been rightly made, and granted a 
 perpetual injunction to restrain the school board from making out of 
 the school fund any further payments in respect of the contract for 
 the building of the Pupil Teachers' Centre. Lord Justice Vaughan 
 Williams said that he was not disposed to quarrel with the proposition 
 that in a public elementary school an education might be given to 
 pupil teachers, under the agreements with them, which could not 
 properly be described itself as being merely elementary, but he could 
 not accede to the contention that the school board had power to 
 establish a separate school for the instruction of pupil teachers, and 
 to charge the cost of carrying out that separate school, and of the 
 necessary building for that school, upon the local rates. In his opinion 
 so to hold would be entirely inconsistent with the judgment in /?. v. 
 Cockerton (see note I to i Edw. 7, c. n, ante). That judgment in 
 substance decided that the only schools which were to be paid for out 
 of the rates, whether with regard to buildings or instruction or any- 
 thing else, were public elementary schools which were devoted to the 
 elementary education of children ; and it appeared to him that what- 
 ever instruction might be given to pupil teachers in these schools 
 beyond mere elementary instruction was a mere accessory of a public 
 elementary school, and that it was not proper to draw an inference, 
 from the fact that this education might be given to pupil teachers in 
 the public elementary school, that a school board had a right to 
 establish a school for the purpose of giving an education which would 
 not be described as an elementary education in a school which, it was 
 admitted, could not be properly described as a public elementary 
 school. And the force of what he had said was very much increased 
 when one came to consider what was being done at this school. It 
 was a school at which the average age of the scholars ranged from 
 fifteen to twenty-four. It was a school to which scholars might come 
 in from any district, from any part from which they chose to come for 
 education higher education and not elementary. In his opinion it 
 was impossible to say, having regard to the case of R. v. Cockerton, 
 that the Education Act, 1870, authorized the charge upon the rates of 
 the expenses of the establishment and conduct of a school that was 
 not a public elementary school and not intended to be so. The dis- 
 allowance in question was therefore right, and the appeal must be 
 dismissed, [1902] 2 Ch. C A. 768, 72 L. J. Ch. 10, 87 L. T. 225. 
 
 In connection with this judgment, it was stated in the House ot 
 Commons by Sir John Gorst that the Board of Education were 
 advised that the Education Act, 1901 (renewed by this Act), covered 
 the case of Pupil Teachers' Centres, and that such establishment, if 
 sanctioned by the local authority, could be carried on at the expense 
 of the school fund until the date specified in the Act. See also 
 2 Edw. 7, c. 42, sec. 27, ante.
 
 APPENDIX. 
 
 SCHOOL SITES ACTS, 1841-1851. (i) 
 
 THE SCHOOL SITES ACT, 1841. 
 (4 & 5 VICT., c. 38.) 
 
 AN ACT TO AFFORD FURTHER FACILITIES FOR THE CONVEYANCE 
 AND ENDOWMENT OF SITES FOR SCHOOLS. 
 
 \2lst June, 1841.] 
 
 Repeal of 6 &> 7 Will. IV., c. 7 o / but things done tinder it declared 
 valid, and those commenced to be continued under this Act. 
 
 WHEREAS it is expedient that greater facilities should be given 
 for the erection of schools and buildings for the purposes of 
 education : May it therefore please your Majesty that it may 
 be enacted ; and 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, that from and after 
 the passing of this Act an Act passed in the session held in the 
 sixth and seventh years of the reign of His late Majesty King 
 William the Fourth, intituled " An Act to facilitate the Convey- 
 ance of Sites for Schoolrooms," shall be and the same is hereby 
 repealed ; provided that all matters and things done in pursuance 
 of the said Act shall be and remain valid as though the said Act 
 was not repealed ; and all matters and things commenced in 
 pursuance of the said Act shall be continued according to the 
 provisions of this Act, if the same shall be applicable, otherwise 
 shall be continued conformably to the said recited Act which 
 shall be deemed to be still in force with regard to such pro- 
 ceedings. 
 
 (l) For references in the Elementary Education Acts to the School Sites 
 Acts, see sees. 20, 21, 86, and 94 of the 33 & 34 Viet,, c. 75, and fourth schedule 
 to that Act.
 
 47 2 SCHOOL SITES ACTS. 
 
 Landlords empowered to convey Land to be used as Sites 
 for Schools, 6*v. 
 
 2. And be it enacted, that any person being seised in fee 
 simple, fee tail or for life, of and in any manor or lands of free- 
 hold, copyhold, or customary tenure, and having the beneficial 
 interest therein, or in Scotland being the proprietor in fee simple 
 or under entail, and in possession for the time being, may grant, 
 convey, or enfranchise by way of gift, sale, or exchange, in fee 
 simple or for a term of years, any quantity not exceeding one 
 acre of such land, 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 person seised only for life of and in any such manor 
 or lands 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 commonable land shall be gratuitously 
 conveyed by any lord 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 immediately 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 con- 
 trary notwithstanding, (i) 
 
 (i) See also 7 & 8 Viet., c- 37, sec. 3, post. The " Places of Worship Sites 
 Act, 1873," contains a somewhat similar provision. It enacts that any person 
 seised of or entitled in fee simple, fee tail, or for life, to any lands of freehold 
 tenure and having the beneficial interest therein, and being in possession, may 
 grant any quantity not exceeding one acre of such land, not being part of 
 a demesne or pleasure ground attached to a mansion house, as a site for a 
 church, provided that no such grant made by any person seised or entitled 
 only for life shall be valid, unless the person next entitled to the same for a 
 beneficial interest in remainder in fee simple or fee tail, if legally competent, 
 shall be a party to the grant, or if such person be a minor, or married woman, 
 or lunatic, unless the guardian, husband, or committee shall in like manner 
 concur. In Rethe Marquis of Salisbury (34 L. T., N. s., 5), which came before 
 the Master of the Rolls on the 1st of July, 1875, it appeared that the Marquis 
 of Salisbury proposed to give a site for a church at Everton, and the question 
 was raised between him and the Ecclesiastical Commissioners, the proposed 
 grantees of the site, whether the word " guardian " in this Act referred to a 
 guardian by nature or a guardian by appointment of the Lord Chancellor, the 
 Marquis being tenant for life in possession of the site, and Viscount Cranborne, 
 the tenant in tail in remainder, being a minor. The Master of the Rolls held 
 that guardian by nature was not intended. The site, he said, could not be 
 conveyed without the concurrence of a guardian, yet, so far as he could see, 
 no guardian could be appointed, for the Court had no jurisdiction to appoint
 
 4 & 5 VICT., c. 38. 473 
 
 Chancellor and Council of the Duchy of Lancaster empowered to 
 grant Lands to the Trustees of any existing or intended Schoo I. 
 If Lands cease to be used for the Purposes of the Act, they 
 shall revert. 
 
 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 the 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 
 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 Council shall seem meet ; and where any 
 sum or sums of money shall be paid as or for the purchase or 
 consideration 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 disposed of according to the provisions and 
 regulations contained in an Act passed in the forty-eighth year of 
 the reign of His late Majesty King George the Third, intituled 
 " An Act to improve the Land Revenue of the Crown in England, 
 and also of His Majesty's Duchy of Lancaster," or any other Act 
 or Acts now in force for that purpose : Provided always, 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 immediately 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 had not 
 been passed or made, anything herein contained to the contrary 
 notwithstanding. 
 
 Persons under Disability empowered to convey Lands for the 
 Purposes of this Act. 
 
 5. And be it enacted, that where any person shall be equitably 
 entitled to any manor or land, but the legal estate therein shall be 
 
 a guardian of an infant unless there was present property to be taken care of; 
 and this infant's interest in the site was in remainder only. This decision was, 
 however, on appeal reversed. 
 
 2 I
 
 474 SCHOOL SITES ACTS. 
 
 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 party to the conveyance thereof; and where any 
 married woman shall be seised or possessed of or entitled to any 
 estate or interest, manorial or otherwise, in land 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 acknow- 
 ledgment 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 
 committee of such infant, or the committee of such lunatic respec- 
 tively, 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 applica- 
 tion thereof. 
 
 Corporations, Justices ', Trustees ; &c., empowered to convey 
 Lands for the Purposes of this Act. 
 
 6. And be it enacted, that it shall be lawful for any corpora- 
 tion, ecclesiastical or lay, whether sole or aggregate, and for 
 any officers, justices of the peace, trustees, or commissioners, 
 holding land for public, ecclesiastical, parochial, charitable, or 
 other purposes or objects, subject to the provisions next herein- 
 after mentioned, to 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 commis- 
 sioners : Provided always that no ecclesiastical corporation sole, 
 being below the dignity of a bishop, shall be authorized to make 
 such grant without the consent 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 Workhouses and other Property of Parishes and 
 of Incorporations or Unions of Parishes in England and Wales " (i), 
 and without the consent of the Poor Law Commissioners, to be 
 testified by their seal being affixed to the deed of conveyance, 
 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 
 guardians being the parties to convey the same : Provided also, 
 
 (l) In the case of a parish in a rural district, the consent of the parish 
 meeting is now substituted for that of the ratepayers and owners of property 
 (Local Government Act, 1894, sec. 52).
 
 4 & 5 VICT., c. 38. 475 
 
 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, assembled 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 premises belonging to any county, riding, or 
 division by vote at their general quarter sessions (i), and may 
 direct the same to be made in the manner directed to be pursued 
 on the sale of the sites of gaols by an Act passed in the seventh 
 year of the reign of his late Majesty King George the Fourth, 
 intituled " An Act to authorize the Disposal of unnecessary 
 Prisons in England." (2) 
 
 Grants of Land may be made to Corporations or Trustees^ 
 to be held >by them for School Purposes. 
 
 7. And be it enacted, that all grants of land or buildings, or 
 any interest therein, for the purposes of the education of poor 
 persons, whether taking effect under the authority of this Act or 
 any other authority of law, may be made to any corporation sole 
 or aggregate, or to several corporations sole, or to any trustees 
 whatsoever, to be held by such corporation or corporations or 
 trustees 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 minister and kirk session of 
 the said parish and their successors ; 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 inspection of the 
 school shall be and remain according to the provisions contained 
 in the deed of conveyance thereof: Provided also, that where 
 any ecclesiastical corporation sole below the dignity of a bishop 
 shall grant any land to trustees, other than the minister, church- 
 wardens or chapelwardens, and overseers, for the purposes afore- 
 said, 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 
 
 (1) The lands and premises belonging to any county are now vested in the 
 County Council (Local Government Act, 1888, sec. 64). 
 
 (2) See Hornsey District Council v. Smith, in note to sec. 19 of the 33 & 34 
 Viet., c. 75, as to the trustees of a school, the site of which was conveyed under 
 this Act, being "owners" under the Public Health Act, 1875, as regards works 
 of private street improvements.
 
 47 6 SCHOOL SITES ACTS. 
 
 defined, it shall be sufficient if the grant be made to the minister 
 and church or chapelwarden or wardens of the church or chapel 
 of such district, to hold to them and their successors in office ; 
 and such grant shall inure to vest the land, subject to the 
 conditions contained in the deed of conveyance, in such minister 
 and the church or chapelwarden or wardens for the time being. 
 
 Estates now vested in Trustees for the Purposes of Education 
 may be conveyed to the Minister and Churchwardens. 
 
 8. And whereas schools for the education of the poor in the 
 principles of the Established Church, or in religious and useful 
 knowledge, and residences for the masters or mistresses of such 
 schools, have been heretofore erected, and are vested in trustees 
 not having a corporate character : Be it therefore enacted, that it 
 shall be lawful for the trustees for the time being of such last- 
 mentioned schools and residences, not being subject to the pro- 
 visions of the Act passed in the last session of Parliament, intituled 
 " An Act for Improving the Conditions 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 herein- 
 after defined, then to 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, (i) 
 
 Any Number of Sites may be granted for Separate Schools. 
 
 9. And be it enacted, that any person or persons or corpo- 
 ration may grant any number of sites for distinct and separate 
 schools, and residences for the master or mistress thereof, although 
 the aggregate quantity of land thereby 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. (2) 
 
 Form of Grants, &c. 
 
 10. And be it enacted, that all grants, conveyances, and assur- 
 ances of any site for a school, or the residence of a schoolmaster 
 or schoolmistress, under the provisions of this Act, in respect of 
 
 (1) See also 7 & 8 Viet., c. 37, sees. 4, 5, post. 
 
 (2) See also 12 & 13 Viet., c. 49, sec. 3 ; and 14 & 15 Viet., c. 24, sec. I, 
 post.
 
 4 & 5 VI CT., c. 38. 477 
 
 any land, messuages, or buildings may be made according to the 
 form following, or as near thereto as the circumstances of the case 
 will admit (that is to say) 
 
 " I \pr 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, intituled ' An Act for affording 
 further Facilities for the Conveyance and Endowment of Sites 
 for Schools,' do hereby freely and voluntarily, and without any 
 valuable consideration \pr do, in consideration of the sum of 
 to me or us or the said paid,] grant, 
 
 [alienate,] and convey to all [description of the 
 
 premises}, and all [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 pur- 
 poses 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 be managed \ directed, and inspected}. [In case the school be con- 
 veyed 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 be added} In witness 
 whereof the conveying 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 requisite 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 attestation such conveyance of any 
 lands or heritages in Scotland shall be executed with a testing 
 clause, according to the law and practice of Scotland ; and, being 
 recorded within sixty 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 
 incumbrances to, in, or upon the lands or heritages so conveyed. 
 
 Application of Purchase-motley for Land sold by an Ecclesiastical 
 Corporation Sole. 
 
 ii. And be it enacted, that where any land shall be sold by 
 any ecclesiastical corporation sole for the purposes of this Act, 
 and the purchase-money to be paid shall not exceed the sum of
 
 SCHOOL SITES ACTS. 
 
 twenty pounds, the same maybe retained by the party conveying, 
 for his own benefit ; but when it shall exceed the sum of twenty 
 pounds, it shall be applied for the benefit of the said corporation, 
 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 registry of his 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. 
 
 Application of Purchase-money for Land sold in Scotland. 
 
 12. And be it enacted, that the price of any lands or heritages 
 to be sold for the purposes of this Act by any heir of entail or 
 other incapacitated person or persons in Scotland shall be applied 
 and invested in such and the like manner as is directed in relation 
 to any moneys 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 late Majesty 
 King William the Fourth, intituled " An Act for amending and 
 making more effectual the Laws concerning Turnpike Roads in 
 Scotland." 
 
 Ecclesiastical Corporations to procure a Certificate as to the 
 Extent of the Land conveyed. Form of Certificate. 
 
 13. And be it enacted, that when any ecclesiastical corporation 
 sole below the dignity of a bishop shall grant any land belonging 
 to him in right of his corporation for the purposes of this Act, he 
 shall procure a certificate, under the hands of three beneficed 
 clergymen of the 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. 
 
 Clerk, Rector of the parish of , and E. F. Clerk, 
 
 Vicar 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 in 
 the year of the reign of Her Majesty Queen Victoria, 
 
 intituled ' An Act for affording further facilities for the Convey- 
 ance and Endowment 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
 
 4 & 5 VICT., c. 38. 479 
 
 extent thereof does not exceed acre . As witness 
 
 our hands, this day of at in 
 
 the county of and diocese of 
 
 " Witness of 
 
 And until such certificate shall have been signed no such con- 
 veyance shall have any force or validity. 
 
 Trustees empowered to sell or exchange Lands or Buildings. 
 
 14. And be it enacted, that when any land or building shall 
 have been or shall be given or acquired under the provisions of 
 the said first recited Act or this Act, or shall be held in trust for 
 the purposes aforesaid, and it shall be deemed advisable 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 estate in the 
 said land or building shall be vested, by the direction or with 
 the consent of the managers and directors of the said school, if 
 any such there be, to sell or exchange 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 by any ecclesiastical corporation 
 sole the consent 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 applied towards the erection of 
 any school, no sale or exchange thereof shall take place without 
 the consent of the Secretary of State for the Home Department 
 for the time being. 
 
 All Conveyances of Land under 6 6 7 Will. IV., c. 70, to be 
 deemed effectual for vesting the Fee Simple. 
 
 15. All conveyances whereby any land shall have been con- 
 veyed to the minister or incumbent 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 church- 
 wardens or chapelwardens of such place, such minister being the 
 rector, vicar, or perpetual curate, whether endowed or not, of 
 the said parish or place.
 
 4^0 SCHOOL SITES ACTS. 
 
 No Schoolmaster to acquire a Life Interest. 
 
 17. And be it enacted, that no schoolmaster or schoolmistress 
 to be appointed to any school erected upon land conveyed under 
 the powers of this Act shall be deemed to have acquired an 
 interest for life by virtue of such appointment, but shall, in default 
 of any specific engagement, hold his office at the discretion of the 
 trustees of the said school. 
 
 Justices of the Peace or Sheriffs to give Possession of Schoolrooms ', 
 &c., in case of the Refusal of the Master. 
 
 1 8. And for the more speedy and effectual recovery of the 
 possession of any premises belonging to any school which the 
 master or mistress who shall have been dismissed, or any person 
 who shall have ceased to be master or mistress, shall hold over 
 after his or her dismissal or ceasing to be master or mistress, be 
 it enacted, that when any master or mistress, not being the master 
 or mistress of any grammar schbol within the provision of the Act 
 of the last session of Parliament hereinafter mentioned, holding 
 any schoolroom, schoolhouse, or any other house, land, or tene- 
 ment, by virtue of his or her office, shall have been dismissed or 
 removed, or shall have ceased to be master or mistress, and shall 
 neglect or refuse to quit and deliver up possession of the premises 
 within the space of three calendar months after such dismissal or 
 ceasing to be master or mistress, not having any lawful authority 
 for retaining such possession, it shall be lawful for the justices of 
 the peace acting 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 of 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 sheriffs 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 possession 
 being given in England in such manner as justices of the peace 
 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 Her present Majesty, intituled " An Act to facilitate the Re- 
 covery of Possession of Tenements after due Determination of 
 the Tenancy."
 
 4 & 5 VICT., c. 38. 481 
 
 Powers granted to the Commissioners under 3 & 4 Viet., c. 60, 
 for applying Land to Ecclesiastical Purposes extended to Land 
 granted by Way of Gift. 
 
 19. And whereas by an Act passed in the last session of 
 Parliament, intituled "An Act to further amend the Church 
 Building Acts," provision was made to enable Her Majesty's 
 Commissioners for building new churches to apply land in any 
 parish granted to them for any of the purposes of the Church 
 Building Acts to any other ecclesiastical purposes, or for the 
 purpose of any parochial or charitable school, or any other chari- 
 table or public purpose relating to any such parish or place : And 
 whereas through an accidental omission such provision 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 purposes 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. 
 
 Definition of the Term "Parish? 
 
 20. And be it enacted, that the term " parish " in this Act shall 
 be taken to signify every place separately maintaining its own 
 poor, and having its own overseers of the poor and church or 
 chapel wardens. 
 
 Limits of Act. 
 
 21. And be it enacted that this Act shall not extend to 
 Ireland. 
 
 Act not to affect i 6* 2 Viet., c. 87, or 3 d^ 4 Viet., c. 48. 
 
 22. And be it enacted, that nothing herein contained shall 
 repeal or affect an Act passed in the second year of the reign of 
 Her present Majesty, intituled " An Act to facilitate the Foun- 
 dation and Endowment of additional Schools in Scotland," or 
 another Act passed in the last session of Parliament, intituled 
 " An Act to enable Proprietors of entailed Estates in Scotland to 
 feu or lease on long Leases Portions of the same for the building 
 of Churches and Schools, and for Dwelling Houses and Gardens 
 for the Ministers and Masters thereof." 
 
 Act may be amended, d-v. 
 
 23. And be it enacted, that this Act may be altered or amended 
 by any Act to be passed in this session of Parliament.
 
 SCHOOL SITES ACTS. 
 
 THE SCHOOL SITES ACT, 1844. 
 (7 & 8 VICT., c. 37.) 
 
 AN ACT TO SECURE THE TERMS ON WHICH 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. 
 
 [I9/A 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 appointed a committee of Her Council to 
 receive applications 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 Majesty, and the terms 
 and conditions having been assented 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 applications have been received having been executed 
 before the grant has been made, such terms and conditions have 
 not been 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 terms 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 con- 
 ditions, and to relieve the parties from the personal liabilities 
 so entered into for the purpose aforesaid : 
 
 The Terms and Conditions upon which Parliamentary Aid has 
 been given towards the building of Schools secured tipon the Site. 
 
 i. 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 where any grant hath been 
 made or shall hereafter be made out of any sums of money here- 
 tofore 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
 
 7 & 8 VICT., c. 37. 483 
 
 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 premises for the time being, in like manner and to the 
 like effect as though they had been inserted in the conveyance 
 of the site of the said school, or in the declaration 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 forth in some document 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. 
 
 The Terms upon which Aid shall be granted to Trustees of 
 Ancient Endowed Schools. 
 
 2. And whereas there are many endowments for the purpose 
 of education of the poor in Great Britain of ancient date, the 
 schools whereon have become dilapidated, and, the funds of such 
 endowment being insufficient for the restoration thereof, appli- 
 cation is made by the trustees, or by the persons acting in the 
 discharge of the trusts thereof, for aid out of the said parliamentary 
 grant, but the same hath been declined, 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 of 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 parliamentary 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
 
 484 SCHOOL SITES ACTS. 
 
 any such grant shall be made, it shall immediately after the 
 making of such grant, and thenceforth from time to time, be 
 lawful for any inspector of schools appointed by Her Majesty and 
 her successors, in conformity with the terms contained in the 
 writing testifying such consent as aforesaid, to enter the said 
 school at all reasonable hours in the day for the purpose of 
 inspecting and examining the state and condition of the school 
 and the scholars thereat, and of making such report thereon, as 
 he shall deem fit. 
 
 Death of Donor within Twelve Calendar Months not to 
 avoid Grant. 
 
 3. And whereas by an Act passed in the fifth year of the reign 
 of Her present Majesty, intituled "An Act to afford further 
 Facilities for the Conveyance and Endowment of Sites for 
 Schools," it is enacted, that any person, being seised in fee 
 simple, fee tail, or for life, of and in any manor, or lands of free- 
 hold, 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 
 otherwise, as therein likewise specified ; and it is desirable 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 contained in the said Act, 
 without any valuable consideration, 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 granted to the Minister and Churchwardens. 
 
 4. And whereas it was provided by the said Act that grants 
 of land or buildings, or any interest therein, for the purposes of 
 the education of poor persons, might be made to the minister of 
 any parish, being a corporation, and the churchwardens or chapel- 
 wardens and overseers of the poor and their successors, and it is 
 sometimes found inexpedient or impracticable to introduce the 
 overseers as parties to the legal estate : Be it therefore enacted, 
 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 endowed 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.
 
 12 & 13 VICT., C. 49. 485 
 
 Rector, &>c., may grant to Minister and Churchwardens, or 
 to Minister, Churchwardens, and Overseers. 
 
 5. And be it enacted, that if the rector, vicar, or perpetual 
 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 thence- 
 forth inure for the purposes of the trust set forth therein, if other- 
 wise lawful, notwithstanding such minister is the party making 
 the grant. 
 
 Act may be altered, &*c. 
 
 6. And be it enacted, that this Act may be altered by any 
 other Act in this session of Parliament. 
 
 THE SCHOOL SITES ACT, 1849. 
 (12 & 13 VICT., c. 49.) 
 
 AN ACT TO EXTEND AND EXPLAIN THE PROVISIONS OF THE 
 ACTS FOR THE GRANTING OF SITES FOR SCHOOLS. 
 
 [2&A fufy, 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 :
 
 486 SCHOOL SITES ACTS. 
 
 Where Part only of Land under Lease conveyed, the Rent, and 
 fine upon Renewal of Lease, may be apportioned. 
 
 i. That if part only of any lands comprised in a lease for a 
 term of years unexpired shall be conveyed or agreed to be con- 
 veyed for the purposes of the said firstly hereinbefore mentioned 
 Act, the rent payable in respect of the lands comprised in such 
 lease, and any fine certain or fixed sum of money to be paid upon 
 any renewals thereof, or either of such payments, may be appor- 
 tioned 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 assignment thereof for the 
 residue of the term thereby created, and the party to whom such 
 conveyance as aforesaid for the purposes of the said firstly herein- 
 before 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. 
 
 Liabilities of Tenants, and Remedies of Landlords, as to the 
 Lands not conveyed. 
 
 2. And be it enacted, that in case of any such apportionment 
 as aforesaid, and after the lands so conveyed or agreed to be 
 conveyed as aforesaid shall have been conveyed, the lessee, and 
 all parties entitled under him to 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 apportioned in respect of 
 such last-mentioned lands ; and 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 
 previously to such apportionment he had for the recovery of the 
 whole rent reserved by such lease ; and all the covenants, con- 
 ditions, and agreements of such lease, except 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.
 
 12 & 13 VICT., C. 49. 487 
 
 The Same Person may grant Several Sites for Schools in the Same 
 Parish if the Whole Extent do not exceed Certain Limits. 
 46-5 Viet., c. 38, sec. 9. 
 
 3. And whereas by the said first-recited Act power is given to 
 any person or corporation to grant any number of sites for 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 parish provided the aggregate quantity of land 
 granted by such person in the same parish shall not exceed the 
 extent of one acre, (i) 
 
 Grants of Land for Sites of Schools by Owners or Tenants in Tail 
 to be Valid although Grantor die within Twelve Months. 
 
 4. And whereas it would be expedient that the absolute owners 
 of land and tenants in tail in possession should have the power of 
 granting land to a limited extent for the purpose of erecting sites 
 for schools to be applied and used in and for the education and 
 instruction of persons intended to be masters or mistresses of 
 elementary schools for poor persons, without any risk of such 
 grant, being defeated by the death of the grantor : Be it therefore 
 enacted, that it shall be lawful for all persons, being such absolute 
 owners or tenants in tail in possession as aforesaid, to grant, 
 convey, or enfranchise, by way of gift, sale or exchange, any 
 quantity of land, not exceeding in the whole five acres, to any 
 corporation sole or aggregate, or to several corporations sole, or 
 to any trustees whatsoever, to be held, applied, 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 instruction, persons intended to be masters or mistresses of 
 elementary schools for poor persons, and for the residence of the 
 principal or master or mistress and other officers of such institu- 
 tion ; 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: Pro- 
 vided 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 instruction of such masters 
 
 (i) See also 14 & 15 Viet., c. 24, sec. I, post.
 
 488 SCHOOL SITES ACTS. 
 
 or mistresses, for the purpose of boarding other persons and of 
 educating and instructing the said persons in religious and useful 
 knowledge. 
 
 The Owners of Land empowered to vest any Quantity of Land 
 for Purposes of these Acts in Corporations. 
 
 5. And whereas the absolute owners of land may grant, subject 
 to the regulations and provisions prescribed by the statutes in 
 such behalf, any quantity of cuch land to trustees, to be held 
 upon charitable purposes ; and it would be beneficial that they 
 should be authorized to exercise such power in respect of lands 
 granted for the sites or for the endowment of the last-mentioned 
 schools, or of schools for poor persons, by vesting the same so as 
 to secure it permanently for the purpose of the trust, without the 
 necessity of subsequent renewals of the deeds of trust : Be it 
 therefore enacted, that where any such person shall be lawfully 
 entitled to convey an estate in lands to trustees, to hold the same 
 upon any charitable use, and shall be desirous of conveying the 
 same for the purposes of the Acts hereinbefore referred to, or 
 this Act, or for the endowment of such schools, such person may 
 grant and convey the same to any corporation or corporations 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. 
 
 Mode of conveying the Lords Interest and that of the Copyholder 
 in Copyhold Land. 
 
 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 valid 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. 
 
 Interpretation Clause. 
 
 7. And be it enacted, that, except in cases where there shall 
 be something in the subject or context repugnant to such con- 
 struction, 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 importing the masculine gender only shall 
 include females ; and the word " land " shall include messuages, 
 houses, land?, tenements, hereditaments, and heritages of every
 
 14 & 15 VICT., C. 24. 489 
 
 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 corporation enabled under 
 the provisions of the said firstly hereinbefore mentioned Act to 
 convey lands for the purposes thereof. 
 
 Act may be an tended ^ &>c. 
 
 8. And be it enacted, that this Act may be amended or 
 repealed by any Act to be passed in this present Session of 
 Parliament. 
 
 THE SCHOOL SITES ACT, 1851. 
 (14 & 15 VICT., c. 24.) 
 
 AN ACT TO AMEND THE ACTS FOR THE GRANTING OF 
 SITES FOR SCHOOLS. 
 
 , 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 useful 
 knowledge, and provisions are contained therein for facilitating 
 the conveyance of such sites and perpetuating 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 
 contained 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 
 
 2 K
 
 490 SCHOOL SITES ACTS. 
 
 consent of the Lords Spiritual and Temporal, and Commons, in 
 this present Parliament assembled, and by the authority of the 
 same, as follows : 
 
 The word Parish in 4^5 Viet., c. 38, sec. 9, and 12 c5? 13 Vicf., 
 c. 49, sec. 3, to signify an Ecclesiastical District in any Divided 
 Parish. 
 
 i. The word "parish" in the sections of the statutes herein 
 referred to shall, in the case of any parish which has heretofore 
 been or shall hereafter be divided by lawful authority into two or 
 more ecclesiastical districts, whether confined to such parish 
 or comprising also any part of another parish, be construed 
 with reference to such parish to signify each such ecclesiastical 
 district. 
 
 Incorporation of this Act with Recited Acts. 
 
 2. This Act shall be construed as and be deemed to be a part 
 of the said recited Acts, except so far as it amends the same.
 
 LOCAL GOVERNMENT (ENGLAND AND WALES) 
 ACT, 1888. 
 
 (51 & 52 VlCT., C. 41.) 
 PROVISIONS AS TO BORROWING BY COUNTY COUNCIL. 
 
 69. (r.) The county council may from time to time, with the 
 consent of the Local Government Board, borrow, on the security 
 of the county fund, and of any revenues of the council, or on 
 either such fund or revenues, or any part of the revenues, such 
 sums as may be required for the following purposes, or any of 
 them, that is to say : 
 
 (a) For consolidating the debts of the county ; and 
 
 (b) For purchasing any land or building any building which 
 
 the council are authorized by any Act to purchase or 
 build; and 
 
 (c) For any permanent work or other thing which the county 
 
 council are authorized to execute or do, and the cost 
 of which ought, in the opinion of the Local Govern- 
 ment Board, to be spread over a term of years ; and 
 
 (d) j and 
 
 (e) For any purpose for which quarter sessions or the county 
 
 council are authorized by any Act to borrow, 
 but neither the transfer of powers by this Act nor anything else 
 in this Act shall confer on the county council any power to borrow 
 without the consent above-mentioned, and that consent shall dis- 
 pense with the necessity of obtaining any other consent which may 
 be required by the Acts relating to such borrowing, and the Local 
 Government Board, before giving their consent, shall take into 
 consideration any representation made by any ratepayer or owner 
 of property rated to the county fund. 
 
 (2.) Provided that where the total debt of the county council, 
 after deducting the amount of any sinking fund, exceeds, or if the 
 proposed loan is borrowed will exceed, the amount of one-tenth 
 of the annual rateable value of the rateable property in the county, 
 ascertained according to the standard or basis for the county rate, 
 the amount shall not be borrowed, except in pursuance of a 
 provisional order made by the Local Government Board and 
 confirmed by Parliament. 
 
 Any loans raised by a county council under the Education Act, 1902, and 
 any loans transferred to the council under that Act, are not to be reckoned for 
 the purpose of the limitation on borrowings which is imposed by this sub-sec. 
 (2 Edw. 7, c. 42, sec. 19 (2), and Second Schedule (3), ante).
 
 49 2 LOCAL GOVERNMENT ACT, 1 888. 
 
 (3.) A county council may also from time to time, without any 
 consent of the Local Government Board, during the period which 
 was fixed for the discharge of any loan raised by them under this 
 Act, or transferred to them by this Act, borrow on the like 
 security such amount as may be required for the purpose of 
 paying off the whole or any part of such loan, or if any part of 
 such loan has been repaid otherwise than by capital money for 
 reborrowing the amount so repaid, and for the purpose of this 
 section, " capital money " includes any instalments, annual appro- 
 priations, and sinking fund, and the proceeds of the sale of land 
 or other property, but does not include money previously borrowed 
 for the purpose of repaying a loan. 
 
 Sec. 31 of the Local Loans Act, 1875 (38 & 39 Viet., c. 83), confers on 
 "local authorities," as defined by sec. 36 of the Act (which definition includes 
 the council of a county, county borough, borough, or urban district), a general 
 power of re-borrowing, in manner provided by that Act, for the purpose of 
 discharging any loan lawfully contracted by them. 
 
 (4.) All money reborrowed shall be repaid within the period 
 fixed for the discharge of the original loan, and every loan for 
 reborrowing shall for the purpose of the ultimate discharge be 
 deemed to form part of the same loan as the original loan, and 
 the obligations of the council with respect to the discharge of the 
 original loan shall not be in any way affected by means of the re- 
 borrowing. 
 
 (5.) A loan under this section shall be repaid within such period, 
 not exceeding thirty years, as the county council, with the consent 
 of the Local Government Board, determine in each case. 
 
 (6.) The county council shall pay off every loan either by equal 
 yearly or half-yearly instalments of principal, or of principal and 
 interest combined, or by means of a sinking fund set apart, in- 
 vested, and applied in accordance with the Local Loans Act, 
 1875, an d the Acts amending the same. 
 
 "The Local Loans Act, 1875, and the Acts amending the same" are the 
 38 & 39 Viet., c. 83, and the 48 & 49 Viet., c. 30. The provisions of these 
 Acts relating to the setting apart, investment, and application of sinking funds 
 are contained in sec. 15 of the 38 & 39 Viet., c. 83. 
 
 (7.) Where a loan is raised for any special county purpose the 
 council shall take care that the sums payable in respect of the 
 loan are charged to the special account to which the expenditure 
 for that purpose is chargeable. 
 
 The term " special county purposes " is defined by sec. 68 (3) of the Act 
 to mean any purposes from contribution to which any portion of the county 
 is for the time being exempt, and to include any purposes where the expen- 
 diture involved is by law restricted to a hundred, division, or other limited 
 part of the county. 
 
 (8.) Where the county council are ' authorized to borrow any 
 money on loan they may raise such money either as one loan or
 
 5i & 52 VICT, c. 41. 493 
 
 several loans, and either by stock issued under this Act (i) or by 
 debentures or annuity certificates under the Local Loans Act, 
 1875, and the Acts amending the same, (2) or, if special reasons 
 exist for so borrowing, by mortgage, in accordance with sections 
 two hundred and thirty-six and two hundred and thirty-seven of 
 the Public Health Act, 1875. (3) 
 
 (1) Sec. 70 of the Act provides that county stock may be created, c., in 
 accordance with such regulations as the Local Government Board may pre- 
 scribe. The Local Government Board have prescribed regulations under this 
 provision. 
 
 (2) As to the Local Loans Act, 1875, and the Acts amending the same, see 
 note to sub-sec. (6), ante. The provisions of those Acts as to the issue of 
 debentures and annuity certificates are contained in sees. 5 and 7 of the 
 38 & 39 Viet., c. 83. 
 
 (3) For sees. 236 and 237 of the Public Health Act, 1875, see p. 496. 
 
 (9.) Provided that where a county council have borrowed by 
 means of stock they shall not borrow by way of mortgage except 
 for a period not exceeding five years. 
 
 (10.) Where the county council borrow by debentures such 
 debentures maybe for any amount not less than five pounds. . . . 
 
 Sec. 5 of the Local Loans Act, 1875 (see note (2) to sub-sec. (8), ante), pro- 
 vides that a debenture under that Act " shall not be issued for a less sum than 
 the prescribed sum, or, where no sum is prescribed, than 20." This sub- 
 section enables a county council to issue ^5 debentures.
 
 ( 494 ) 
 
 PUBLIC HEALTH ACT, 1875. 
 (38 & 39 VICT., c. 55.) 
 
 PROVISIONS AS TO BORROWING. 
 
 Power to borrow on Credit of Rates. 
 
 233. Any local authority may, with the sanction of the Local 
 Government Board, for the purpose of defraying any costs, charges, 
 and expenses incurred or to be incurred by them in the execution 
 of the Sanitary Acts or of this Act, or for the purpose of dis- 
 charging any loans contracted under the Sanitary Acts or this Act, 
 borrow or reborrow, and take up at interest, any sums of money 
 necessary for defraying any such costs, charges, and expenses, or 
 discharging any such loans as aforesaid. 
 
 An urban authority may borrow or reborrow any such sums on 
 the credit of any fund or all or any rates or rate out of which they 
 are authorized to defray expenses incurred by them in the execu- 
 tion of this Act, and for the purpose of securing the repayment of 
 any sums so borrowed, with interest thereon, they may mortgage 
 to the persons by or on behalf of whom such sums are advanced 
 any such fund or rates or rate. . . . 
 
 The security for loans raised by the council of a county borough, borough, 
 or urban district for the purposes of the Education Acts is to be the fund or 
 rate out of which the expenses of the council under the Education Act, 1902, 
 are to be defrayed (2 Edw. 7, c. 42, sec. 19 (i)). As to this fund or ^ate, 
 see sec. 18 (i) and (4) of the Act and notes thereon, ante. 
 
 Where Part V. of the Public Health Acts Amendment Act, 1890 (53 & 54 
 Viet., c. 59), has been adopted by the council of a county borough, borough, or 
 urban district, the council are empo'wered to raise any loans which they are 
 authorized to borrow by the issue of stock under and subject to the regulations 
 prescribed by the Local Government Board under sec. 52 of that Act. 
 
 A council may also exercise any of their borrowing powers by the issue of 
 debentures or annuity certificates under the Local Loans Act, 1875 (38 & 39 
 Viet., c. 83). 
 
 As to the power to borrow for the purpose of discharging existing loans, 
 see note, p. 492. 
 
 Regulations as to Exercise of Borrowing Powers. 
 
 234. The exercise of the powers of borrowing conferred by this 
 Act shall be subject to the following regulations ; namely, 
 
 (i.) Money shall not be borrowed except for permanent 
 works (including under this expression any works of 
 which the cost ought in the opinion of the Local 
 Government Board to be spread over a term of 
 years) :
 
 3 8 & 39 VICT., c. 55. 495 
 
 (2.) The sum borrowed shall not at any time exceed, with 
 the balances of all the outstanding loans contracted 
 by the local authority under the Sanitary Acts and 
 this Act, in the whole the assessable value for two 
 years of the premises assessable within the district in 
 respect of which such money may be borrowed : 
 
 (3.) Where the sum proposed to be borrowed with such 
 balances (if any) would exceed the assessable value 
 for one year of such premises, the Local Government 
 Board shall not give their sanction to such loan until 
 one of their inspectors has held a local inquiry and 
 reported to the said Board : 
 
 Any loans raised by a council under the Education Act, 1902, and any 
 loans transferred to a council under that Act, are not to be reckoned for the 
 purpose of the limitations on borrowing powers which are imposed by sub- 
 sees. (2) and (3) of this section (2 Edw. 7, c. 42, sec. 19 (2), and Second 
 Schedule (3), ante). 
 
 (4.) The money may be borrowed for such time, not exceed- 
 ing sixty years, as the local authority, with the sanction 
 of the Local Government Board, determine in each 
 case ; and, subject as aforesaid, the local authority 
 shall either pay off the moneys so borrowed by equal 
 annual instalments of principal or of principal and 
 interest, or they shall in every year set apart as a 
 sinking fund, and accumulate in the way of compound 
 interest by investing the same in the purchase of 
 Exchequer bills or other Government securities, such 
 sum as will with accumulations in the way of com- 
 pound interest be sufficient, after payment of all 
 expenses, to pay off the moneys so borrowed within 
 the period sanctioned : 
 
 The range of securities in which sinking funds under this sub-section may be 
 invested was extended by sec. 7 of the Trust Investment Act, 1889 (52 & 53 
 Viet., c. 32), which enacts as follows : " Where the council of any . . . 
 borough or any urban or rural sanitary authority are authorized or required to 
 invest any money for the purpose of ... a sinking fund, any enactment 
 relating to such investment shall be modified so far as to allow such money to 
 be invested in any of the stocks, funds, shares, or securities in which trustees 
 are authorized by this Act to invest, except that such council or authority 
 shall not by virtue of this section invest in any stocks, funds, shares, or 
 securities issued or created by themselves, nor in real or heritable securities. 
 Provided that it shall not be lawful for any such council or authority to retain 
 any securities which are liable to be redeemed at a fixed time at par or at any 
 other fixed rate, and are at a price exceeding their redemption value, unless 
 more than fifteen years will elapse before the time fixed for redemption." 
 
 The securities in which trustees are authorized to invest are now those 
 authorized by sec. I of the Trustee Act, 1893 (56 & 57 Viet., c. 53), which 
 are substituted for the securities authorized by the Act of 1889. 
 
 (5.) A local authority may at any time apply the whole or 
 any part of a sinking fund set apart under this Act
 
 496 PUBLIC HEALTH ACT, 1875. 
 
 in or towards the discharge of the moneys for the 
 repayment of which the fund has been established : 
 Provided that they pay into the fund in each year and 
 accumulate until the whole of the moneys borrowed 
 are discharged, a sum equivalent to the interest which 
 would have been produced by the sinking fund or 
 the part of the sinking fund so applied : 
 (6.) Where money is borrowed for the purpose of discharging 
 a previous loan, the time for repayment of the money 
 so borrowed shall not extend beyond the unexpired 
 portion of the period for which the original loan was 
 sanctioned, unless with the sanction of the Local 
 Government Board, and shall in no case be extended 
 beyond the period of sixty years from the date of the 
 original loan. 
 
 Where any urban authority borrow any money for the purpose 
 of defraying . . . expenses in respect of which they have 
 determined a part only of the district to be liable, it shall be the 
 duty of such authority, as between the ratepayers of the district, 
 to make good, so far as they can, the money so borrowed, as 
 occasion requires, . . . out of a rate levied in such part of the 
 district as aforesaid. 
 
 Form of Mortgage. 
 
 236. Every mortgage authorized to be made under this Act 
 shall be by deed, truly stating the date, consideration, and the 
 time and place of payment, and shall be sealed with the common 
 seal of the local authority, and may be made according to the 
 form contained in Schedule IV. to this Act, or to the like effect. 
 
 See Form H., p. 498. 
 
 Register of Mortgages. 
 
 237. There shall be kept at the office of the local authority a 
 register of the mortgages on each rate, and within fourteen days 
 after the date of any mortgage an entry shall be made in the 
 register of the number and date thereof, and of the names and 
 description of the parties thereto, as stated in the deed. Every 
 such register shall be open to public inspection during office 
 hours at the said office, without fee or reward ; and any clerk or 
 other person having the custody of the same, refusing to allow 
 such inspection, shall be liable to a penalty not exceeding 
 five pounds. 
 
 Transfer of Mortgages. 
 
 238. Any mortgagee or other person entitled to any mortgage 
 under this Act may transfer his estate and interest therein to any
 
 38 & 39 VICT., c. 55. 497 
 
 other person by deed duly stamped, truly stating its date and the 
 consideration for the transfer ; and such transfers may be accord- 
 ing to the form contained in Schedule IV. to this Act, or to the 
 like effect. 
 
 See Form L, p. 498. 
 
 There shall be kept at the office of the local authority a register 
 of the transfers of mortgage charged on each rate, and within 
 thirty days after the date of such deed of transfer, if executed 
 within the United Kingdom, or within thirty days after its arrival 
 in the United Kingdom, if executed elsewhere, the same shall be 
 produced to the clerk of the local authority, who shall, on pay- 
 ment of a sum not exceeding five shillings, cause an entry to be 
 made in such register of its date, and of the names and descrip- 
 tion of the parties thereto, as stated in the transfer ; and until 
 such entry is made the local authority shall not be in any manner 
 responsible to the transferee. 
 
 On the registration of any transfer the transferee his executors 
 or administrators shall be entitled to the full benefit of the 
 original mortgage and the principal and interest secured thereby ; 
 and any transferee may in like manner transfer his estate and 
 interest in any such mortgage ; and no person except the last 
 transferee his executors or administrators shall be entitled to 
 release OP discharge any such mortgage or any money secured 
 thereby. 
 
 If the clerk of the local authority wilfully neglects or refuses 
 to make in the register any entry by this section required to 
 be made, he shall be liable to a penalty not exceeding twenty 
 pounds. 
 
 Receiver may be appointed in Certain Cases. 
 
 239. If at the expiration of six months from the time when 
 any principal money or interest has become due on any mortgage 
 of rates made under this Act, and after demand in writing, the 
 same is not paid, the mortgagee or other person entitled thereto 
 may, without prejudice to any other mode of recovery, apply for 
 the appointment of a receiver to a court of summary jurisdiction ; 
 and such court may, after hearing the parties, appoint in writing 
 under their hands and seals some person to collect and receive 
 the whole or a competent part of the rates liable to the payment 
 of the principal or interest in respect of which the application is 
 made, until such principal or interest, or both, as the case may 
 be, together with the costs of the application and of collection, 
 are fully paid. 
 
 On such appointment being made all such rates, or such 
 competent part thereof as aforesaid, shall be paid to the person 
 appointed, and when so paid shall be so much money received
 
 498 PUBLIC HEALTH ACT, 1875. 
 
 by or to the use of the mortgagee or mortgagees of such rates, 
 and shall be rateably apportioned between them : 
 
 Provided that no such application shall be entertained unless 
 the sum or sums due and owing to the applicant amount to one 
 thousand pounds, or unless a joint application is made by two or 
 more mortgagees or other persons to whom there may be due, 
 after such lapse of time and demand as last aforesaid, moneys 
 collectively amounting to that sum. 
 
 SCHEDULE IV. 
 FORM H. Form of Mortgage of Rates, (i) 
 
 BY virtue of the Public Health Act, 1875, we the 
 being the local authority under that Act for the district ot 
 in consideration of the sum of paid 
 
 to the treasurer of the said district by A.B. of for the 
 
 purposes of the said Act, do grant and assign unto the said A.B.> 
 his executors, administrators, and assigns, such proportion of the 
 rates arising or accruing by virtue of the said Act from [the rates 
 mortgaged] as the said sum of doth or shall bear 
 
 to the whole sum which is or shall be borrowed on the credit of 
 the said rates, to hold to the said A.JB., his executors, adminis- 
 trators, and assigns, from the day of the date hereof until the 
 said sum of with interest at the rate of 
 
 per centum per annum for the same, shall be fully paid and 
 satisfied : And it is hereby declared, that the said principal sum 
 shall be repaid on the day of at [place of 
 
 paymenf\. Dated this day of one thousand 
 
 eight hundred and 
 
 [To be sealed with the common seal of the local authority.] 
 
 FORM I. Form of Transfer of Mortgage. (2) 
 
 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, bearing date the day of and 
 
 made by the local authority under the Public Health Act, 1875, 
 for the district of for securing the sum of 
 
 and interest thereon at per centum per annum [or if 
 
 1 I ) See sec. 236, ante. 
 
 (2) See sec. 238, ante.
 
 38 & 39 VICT., c. 55. 499 
 
 srich transfer be by endorsement on the mortgage, insert, instead of 
 the words immediately following the word " assigns," the within 
 security], and all my right estate and interest in and to the money 
 thereby secured, and in and to the rates thereby assigned. In 
 witness whereof I have hereunto set my hand and seal this 
 day of one thousand eight hundred and 
 
 A.B. (L.S.)
 
 FACTORY AND WORKSHOP ACT, 1901. 
 (i EDW. 7, c. 22.) 
 
 THIS Act contains the following provisions with regard to the 
 education and employment of children : 
 
 PART II. (iii.) 
 Prohibition of Employment of Children under Twelve. 
 
 62. A child under the age of twelve years must not be 
 employed in a factory or workshop unless lawfully so employed 
 at the commencement of this Act. (i) 
 
 (i) For definition of the term " child," see sec. 156. 
 
 Certificates of Fitness for Employment. 
 
 64. (8.) The certificate of birth (which may be produced to a 
 certifying surgeon) shall either be a certified copy of the entry in 
 the register of births, kept in pursuance of the Acts relating to the 
 registration of births, of the birth of the young person or child 
 (whether that copy is obtained in pursuance of the Elementary 
 Education Act, 1876, or otherwise), or be a certificate from a 
 local authority within the meaning of the Elementary Education 
 Act, 1876, to the effect that it appears from the returns trans- 
 mitted to that authority in pursuance of the said Act by the 
 registrar of births and deaths that the child was born at the date 
 named in the certificate, (i) 
 
 (i) The Act by sees. 63 and 64 requires that in the case of a child a certificate 
 of fitness for employment shall be obtained from the certifying surgeon, and 
 that the certificate shall be to the effect, inter alia, that the certifying surgeon is 
 satisfied by the production of a certificate of birth or other sufficient evidence 
 that the person named in the certificate is of the age therein specified. The 
 above provision refers to the evidence of age which may be accepted by the 
 certifying surgeon. 
 
 With regard to the references to the Elementary Education Act, 1876, as 
 to the first see sec. 25 of that Act, and as to the second see sec. 26. 
 
 PART III. 
 
 Attendance at School of Children employed in Factory or 
 Workshop. 
 
 68. (i.) The parent of a child employed in a factory or 
 workshop shall cause that child to attend some recognized
 
 I EDW. /, C. 22. 501 
 
 efficient school (which school may be selected by the parent), 
 as follows : 
 
 (a) The child, when employed in a morning or afternoon set, 
 
 must in every week, during any part of which he is so 
 employed, be caused to attend on each, work day for 
 at least one attendance ; and 
 
 (b) The child, when employed on the alternate day system, 
 
 must on each work day preceding each day of em- 
 ployment be caused to attend for at least two attend- 
 ances ; 
 
 (t) An attendance for the purposes of this section shall be 
 an attendance as defined for the time being by the 
 Secretary of State with the consent of the Board of 
 Education, and be between the hours of eight in the 
 morning and six in the evening : 
 Provided as follows : 
 
 (i.) A child shall not be required by this Act to attend 
 school on Saturday or on any holiday or half 
 holiday allowed under this Act in the factory or 
 workshop in which the child is employed : 
 (ii.) The non-attendance of a child shall be excused on 
 every day on which he is certified by the teacher of 
 the school to have been prevented from attending 
 by sickness or other unavoidable cause, and when 
 the school is closed during the ordinary holidays 
 or for any other temporary cause : 
 
 (iii.) Where there is not within the distance of two miles, 
 measured according to the nearest road, from the 
 residence of the child, a recognized efficient school 
 which the child can attend, attendance at a school 
 temporarily approved in writing by an inspector, 
 although not a recognized efficient school, shall for 
 the purposes of this Act be deemed attendance at a 
 recognized efficient school until such recognized 
 efficient school as aforesaid is established, and with 
 a view to such establishment the inspector shall 
 immediately report to the Board of Education every 
 case of the approval of a school by him under this 
 section. 
 
 (2.) A child who has not in any week attended school for all 
 the attendances required by this section must not be employed 
 in the following week until he has attended school for the 
 deficient number of attendances. 
 
 (3.) The Board of Education shall, by the publication of lists 
 or of notices or otherwise as they think expedient, provide for 
 giving to all persons interested information of the schools in each 
 school district which are recognized efficient schools. 
 
 This section, which provides for the attendance at school of a child
 
 502 FACTORY AND WORKSHOP ACT, 1 90 1. 
 
 employed in a factory or workshop, applies to those cases where the child's 
 employment is not prohibited by the Factory and Workshop Act or the 
 Elementary Education Acts. With regard to the latter Acts, see 62 & 63 
 Viet., c. 13, ante, and notes thereon. 
 
 For definition of the expressions " certified efficient school " and "recognized 
 efficient school," see sec. 72. 
 
 As to the liability of a parent of a child who neglects to cause the child to 
 attend school in accordance with the Act, see sec. 138 (2). 
 
 By an order of the Secretary of State made on the 24th December, 1878, 
 with reference to sec. 23 of the Factory and Workshop Act, 1878, which 
 contained a provision to the same effect as that in sub-sec. I (c) of this 
 section, "attendance," so far as concerns England, was defined to mean "the 
 attendance of a child at a morning or afternoon meeting of a school during 
 not less than two hours of instruction in secular subjects." That order is 
 continued in force by sec. 161 (2) of the Factory and Workshop Act, 1901, 
 notwithstanding the repeal of the Factory and Workshop Act, 1878. 
 
 Obtaining of School Attendance Certificate by Occupier. 
 
 69. (i.) The occupier of a factory or workshop in which a 
 child is employed shall on Monday in every week (after the first 
 week in which the child began to work therein), or on some other 
 day appointed for that purpose by an inspector, obtain from the 
 teacher of the recognized efficient school attended by a child 
 a certificate (according to the prescribed form and directions) 
 respecting the attendance of the child at school in accordance 
 with this Act. 
 
 (2.) If a child is employed without such certificate being 
 obtained as is required by this section, the child shall be deemed 
 to be employed contrary to the provisions of this Act. 
 
 (3.) The occupier shall keep every such certificate for two 
 months after the date thereof, if the child so long continues to be 
 employed in his factory or workshop, and shall produce the same 
 to an inspector when required during that period. 
 
 As to the penalty in the case of a child employed contrary to the provisions 
 of the Act, see sees. 137 and 138. 
 
 Payment by Occupier of Sum for Schooling. 
 
 70. The persons who manage a recognized efficient school 
 attended by a child employed in a factory or workshop, or some 
 person authorized by them may (if fees for children may be 
 charged in that school) apply in writing to the occupier of the 
 factory or workshop to pay a weekly sum specified in the application, 
 not exceeding threepence and not exceeding one-twelfth part of 
 the wages of the child, and after that application the occupier, so 
 long as he employs the child, shall be liable to pay to the appli- 
 cants, while the child attends their school, that weekly sum, and 
 the sum may be recovered as a debt, and the occupier may deduct 
 the sum so paid by him from the wages payable for the services 
 of the child.
 
 I EDW. 7, C. 22. 503 
 
 This section, so far as regards public elementary schools, can only affect cases 
 where, as a condition of the admission of a child to the school, a fee can properly 
 be charged, having regard to the provisions of the Elementary Education Act, 
 1891, ante. 
 
 Employment as Young Person of Child of Thirteen on obtaining 
 Educational Certificate. 
 
 71. (i.) When a child of the age of thirteen years has obtained 
 from a person authorized by the Board of Education a certificate 
 of having attained such standard of proficiency in reading, writing, 
 and arithmetic, or such standard of previous due attendance at a 
 certified efficient school as is mentioned in this section, that 
 child shall be deemed to be a young person for the purposes of 
 this Act. 
 
 (2.) The standards of proficiency and due attendance for the 
 purposes of this section shall be such as may be from time to time 
 fixed for the purposes of this Act by the Secretary of State, with 
 the consent of the Board of Education, and the standards so 
 fixed shall be published in the London Gazette, and shall not 
 have effect until the expiration of at least six months after such 
 publication. 
 
 (3.) Attendance at a certified day industrial school shall be 
 deemed for the purposes of this section to be attendance at a 
 certified efficient school. 
 
 By an order of the Secretary of State, made under sec. 26 of the Factory and 
 Workshop Act, 1878, with the consent of the Board of Education, on the igth 
 December, 1900, it was provided as follows : 
 
 (a) The standard of proficiency for the purpose of a certificate of 
 proficiency to be given to any child shall be the fifth standard 
 of reading, writing, and arithmetic, as fixed by the code in force 
 for the time being, or any higher standard which may be attained 
 by the child. 
 
 Certificates of proficiency may be granted in the manner prescribed by 
 sees. 4 and 8 of the regulations of the Board of Education, dated 
 23rd April, 1900. 
 
 (l>) The standard of previous due attendance at a certified efficient school 
 for the purpose of a certificate of previous due attendance shall, in 
 the case of any child, be 350 attendances after such child has 
 attained five years of age in not more than two schools during each 
 year for five years, whether consecutive or not. 
 
 Certificates of previous due attendance at school may be granted in 
 the manner prescribed by sees. 9 to II of the Regulations of the 
 Board of Education, dated 23rd April, 1900. 
 
 Appended to the order is the following note : In districts where the bye- 
 laws made by the school authority under the Elementary Education Acts 
 apply to children between thirteen and fourteen years of age, a child must also 
 satisfy the conditions of total exemption prescribed by the bye-laws before he 
 can be legally employed full time in a factory or workshop. 
 
 This order, as stated, was made under the Factory and Workshop Act, 
 1878, but it continues in force, although that Act is repealed by the Factory 
 and Workshop Act, 1901, as by sec. 161 (2) of the last-mentioned Act it 
 is provided that all orders made or having effect under any enactment hereby
 
 504 FACTORY AND WORKSHOP ACT, IQOI. 
 
 repealed shall continue to have effect as if they had been made under this 
 Act. 
 
 For the fifth standard as prescribed by the code (1902), see pp. 648-652. 
 
 Revised regulations as to the granting of certificates of proficiency and due 
 attendance at school were issued by the Board of Education on the 2ist March, 
 1901. For those regulations which take the place of the regulations dated the 
 23rd April, 1900, see p. 548. 
 
 Definitions of " Certified Efficient School" and " Recognized 
 Efficient School" 
 
 72. (i.) In this Act 
 
 The expression " certified efficient school " means a public 
 elementary school within the meaning of the 
 Elementary Education Acts, 1870 to 1900, and any 
 workhouse school in England certified to be efficient 
 by the Local Government Board, and any elementary 
 school which is not conducted for private profit and 
 is open at all reasonable times to the inspection of His 
 Majesty's inspectors of schools, and requires the like 
 attendance from its scholars as is required in a public 
 elementary school, and keeps such registers of those 
 attendances as are for the time being required by 
 the Board of Education, and is certified by the Board 
 to be an efficient school ; and 
 
 The expression "recognized efficient school" means a 
 certified efficient school, and any school which the 
 Board of Education have not refused to take into 
 consideration under the Elementary Education Act, 
 1870, as a school giving efficient elementary education 
 to and suitable for the children of a school district, 
 and which is recognized for the time being by an 
 inspector under this Act as giving efficient elementary 
 education. 
 
 For regulations as to elementary schools which are certified efficient schools, 
 see p. 545. 
 
 (2) An inspector shall immediately report to the Board of 
 Education every school recognized by him as giving efficient 
 elementary education. 
 
 PART V. (iv.) 
 Application of Act to Laundries. 
 
 103. (i.) In every laundry carried on by way of trade, or for 
 purposes of gain, the following provisions shall apply :
 
 1 EDW. 7, C. 22. 505 
 
 (d) So far as regards provisions with respect to ... educa- 
 tion of children . . . powers of inspectors, fines, and legal pro- 
 ceedings, . . . this Act shall have effect as if every laundry in 
 which steam, water, or other mechanical power is used in aid of 
 the laundry process were a factory, and every other laundry were 
 a workshop, and as if every occupier of a laundry were the 
 occupier of a factory or of a workshop ; 
 
 ***** 
 
 (4.) Nothing in this section shall apply to any laundry in which 
 the only persons employed are (a) inmates of any prison, 
 reformatory, or industrial school, or other institution for the time 
 being subject to inspection under any Act other than this Act ; or 
 (b) inmates of an institution conducted in good faith for religious 
 or charitable purposes ; or (c) members of the same family 
 dwelling there, or in which not more than two persons dwelling 
 elsewhere are employed. 
 
 PART VIII. 
 
 Powers of Inspectors appointed by Secretary of State. 
 
 119. (i.) An inspector shall, for the purpose of the execution 
 of this Act, have power to do all or any of the following things ; 
 namely, 
 
 (a) To enter, inspect, and examine at all reasonable times, 
 by day and night, a factory and a workshop, and 
 every part thereof, when he has reasonable cause to 
 believe that any person is employed therein, and 
 to enter by day any place which he has reasonable 
 cause to believe to be a factory or workshop ; and 
 
 ***** 
 
 (c] To require the production of the registers, certificates, 
 notices, and documents kept in pursuance of this Act, 
 and to inspect, examine, and copy the same ; and 
 
 ***** 
 
 (e) To enter any school in which he has reasonable cause to 
 believe that children employed in a factory or work- 
 shop are for the time being educated ; and 
 
 (/) To examine, either alone or in the presence of any other 
 person, as he thinks fit, with respect to matters under 
 this Act, every person whom he finds in a factory or 
 workshop, or such a school as aforesaid, or whom he 
 has reasonable cause to believe to be or to have 
 been within the preceding two months employed in a 
 
 2 L
 
 506 FACTORY AND WORKSHOP ACT, IQOI. 
 
 factory or workshop, and to require every such 
 person to be so examined and to sign a declaration 
 of the truth of the matters respecting which he is so 
 examined ; and 
 (g) To exercise such other powers as may be necessary for 
 
 carrying this Act into effect. 
 
 (2.) The occupier of every factory and workshop, his agents 
 and servants, shall furnish the means required by an inspector as 
 necessary for an entry, inspection, examination, inquiry, or the 
 exercise of his powers under this Act in relation to that factory 
 or workshop. 
 
 (3.) If any person wilfully delays an inspector in the exercise 
 of any power under this section, or fails to comply with the requisi- 
 tion of an inspector in pursuance of this section, or to produce any 
 certificate or document which he is required by or in pursuance of 
 this Act to produce, or conceals or prevents, or attempts to conceal 
 or prevent a woman, young person, or child, from appearing before 
 or being examined by an inspector, that person shall be deemed 
 to obstruct an inspector in the execution of his duties under this 
 Act: 
 
 Provided that no one shall be required under this section to 
 answer any question or to give any evidence tending to criminate 
 himself. 
 
 [Sub-sec. 4 of the section provides for the penalty for obstructing an 
 inspector in the execution of his duties under the Act.] 
 
 Certificate of Birth in Case of Young Persons under Sixteen 
 and Children. 
 
 134. Where the age of any young person under the age of 
 sixteen years or child is required to be ascertained or proved for 
 the purposes of this Act, or for any purpose connected with the 
 employment in labour or elementary education of the young 
 person or child, any person shall on presenting a written requisi- 
 tion in such form and containing such particulars as may be from 
 time to time prescribed by the Local Government Board, and on 
 payment of a fee of sixpence, be entitled to obtain a certified copy 
 under the hand of a registrar or superintendent registrar of the 
 entry in the register, under the Births and Deaths Registration 
 Acts, 1836 to 1874, of the birth of that young person or child ; 
 and such form of requisition shall on request be supplied without 
 charge by every superintendent registrar and registrar of births, 
 deaths, and marriages. 
 
 For Order of Local Government Board, see p. 581 ; see also notes to sec. 25 
 of the 39 & 40 Viet., c. 79, ante.
 
 I EDW. 7, C. 22. 507 
 
 PART IX. 
 
 Fine for employing Persons contrary to Act* 
 
 137. (i.) Where any person is employed in a factory or work- 
 shop, other than a domestic factory or a domestic workshop, 
 contrary to the provisions of this Act, the occupier of the factory 
 or workshop shall be liable to a fine not exceeding three, or if the 
 offence was committed during the night five, pounds for each 
 person so employed, and, in the case of a second or subsequent 
 conviction in relation to a factory within two years from the last 
 conviction for the same offence, not less than one pound for each 
 offence; and where any person is so employed in a domestic factory 
 or a domestic workshop the occupier shall be liable to a fine not 
 exceeding one, or if the offence was committed during the night 
 two, pounds for each person so employed, and, in the case of a 
 second or subsequent conviction within two years from the last 
 conviction in relation to a factory for the same offence, not less 
 than one pound for each offence. 
 
 Fine for Offence by Parent. 
 
 138. (i.) If a young person or child is employed in a factory 
 or workshop contrary to the provisions of this Act, the parent of 
 the young person or child shall be liable to a fine not exceeding 
 twenty shillings for each offence, unless it appears to the court that 
 the offence was committed without the consent, connivance, or 
 wilful default of the parent. 
 
 (2.) If the parent of a child neglects to cause the child to attend 
 school in accordance with this Act, he shall be liable to a fine not 
 exceeding twenty shillings for each offence. 
 
 Forgery of Certificates, False Entries, and False Declarations. 
 1 39. If any person 
 
 (a) forges or counterfeits any certificate for the purposes of 
 
 this Act (for the forgery or counterfeiting of which no 
 other punishment is provided) ; or 
 
 (b) gives or signs any such certificate knowing the same to 
 
 be false in any material particular ; or 
 
 (c) knowingly utters or makes use of any certificate so forged, 
 
 counterfeited, or false as aforesaid ; or 
 ((f) knowingly utters or makes use of as applying to any 
 
 person a certificate which does not so apply; or 
 (e) personates any person named in a certificate ; or 
 (/) falsely pretends to be an inspector ; or 
 (g) wilfully connives at the forging, counterfeiting, giving, 
 
 signing, uttering, making use, or personating as 
 
 aforesaid ; or
 
 508 FACTORY AND WORKSHOP ACT, IQOI. 
 
 (h) wilfully makes a false entry in any register, notice, 
 certificate, or document, required by this Act to be 
 kept or served or sent ; or 
 (/) wilfully makes or signs a false declaration under this 
 
 Act; or 
 (/) knowingly makes use of any such false entry or 
 
 declaration, 
 
 he shall be liable to a fine not exceeding twenty pounds, or to 
 imprisonment for a term not exceeding three months, with or 
 without hard labour. 
 
 PART X. 
 General Definitions. 
 
 156. (i.) In this Act unless the context otherwise requires, 
 
 ***** 
 
 The expression " child " means a person who is under the 
 age of fourteen years, and who has not, being of the 
 age of thirteen years, obtained the certificate of pro- 
 ficiency or attendance at school mentioned in Part III. 
 of this Act : 
 ***** 
 
 The expression " parent " means a parent or guardian of, 
 or person having the legal custody of, or the control 
 over, or having direct benefit from the wages of, a 
 young person or child : 
 
 The expression " prescribed " means prescribed for the time 
 being by the Secretary of State : 
 
 ***** 
 
 The expression "young person" means a person who 
 has ceased to be a child and is under the age of 
 eighteen years.
 
 509 
 
 COAL MINES REGULATION ACT, 1887. 
 
 THE Coal Mines Regulation Act, 1887 (50 & 51 Viet., c. 58), 
 applies " to mines of coal, mines of stratified ironstone, mines of 
 shale, and mines of fire-clay." The Act contains the following 
 provisions with regard to the employment and education of 
 children : 
 
 Employment of Boys, Girls, and Women. 
 
 4. No boy under the age of twelve years, and no girl or woman 
 of any age, shall be employed in or allowed to be for the purpose 
 of employment in any mine below ground. 
 
 The Mines (Prohibition of Child Labour Underground) Act, 1900 (63 & 64 
 Viet., c. 21), provides that a boy under the age of thirteen years shall not be 
 employed in or allowed to be for the purpose of employment in any mine 
 below ground, and that the above Section in the Act of 1887 shall be read 
 and have effect as if for the word " twelve" the word " thirteen" were sub- 
 stituted. 
 
 Employment of Boys, Girls, and Women above Ground. 
 
 7. .With respect to boys, girls, and women employed above 
 ground, in connection with any mine, the following provisions 
 shall have effect : 
 
 (i.) No boy or girl under the age of twelve years shall be so 
 employed : 
 
 (2.) No boy or girl under the age of thirteen years shall be so 
 employed 
 
 (a) For more than six days in any one week ; or 
 
 (b) If employed for more than three days in any one week, 
 
 for more than six hours in any one day ; or 
 
 (c) In any other case for more than ten hours in any one 
 
 day. 
 ***** 
 
 Register to be kept of Boys, Girls, and Women Employed. 
 
 8. (i.) The owner, agent, or manager of every mine shall 
 keep in the office at the mine a register, and shall cause to be 
 entered in that register, in such form as the Secretary of State 
 may from time to time prescribe or sanction, the name, age, 
 residence, and date of first employment of all boys employed in
 
 510 COAL MINES REGULATION ACT, 1887. 
 
 the mine below ground, and of all boys, girls, and women em- 
 ployed above ground in connection with the mine ; and shall on 
 request, produce the register to any inspector under this Act, and 
 to any officer of a school board or school attendance committee 
 in the district in which the mine is situate, at the mine at all 
 reasonable times, and shall allow any such inspector or officer to 
 inspect and copy the same. 
 
 Penalty for Employment of Persons in Contravention of Act, 
 
 9. If any person contravenes or fails to comply with, or 
 permits any person to contravene or fail to comply with, any 
 provision of this Act with respect to the employment of boys, 
 girls, or women, or to the register of boys, girls, and women, or 
 to reporting the intended employment of boys, he shall be guilty 
 of an offence against this Act; and in the event of any such 
 contravention or non-compliance by any person whomsoever, the 
 owner, agent and manager of the mine shall each be guilty of an 
 offence against this Act, unless he proves that he had taken all 
 reasonable means, by publishing and to the best of his power 
 enforcing the provisions of this Act, to prevent the contravention 
 or non-compliance. 
 
 Payment of School Fees out of Wages. 
 
 10. (i.) After a request in writing by the principal teacher of 
 a public elementary school which is attended by any boy or girl 
 employed in or in connection with a mine, the person who pays 
 the wages of the boy or girl shall as long as he employs the boy 
 or girl pay to the principal teacher of that school, for every week 
 that the boy or girl attends the school, the weekly sum specified 
 in the application, not exceeding twopence per week, and not 
 exceeding one-twelfth part of the wages of the boy or girl, and 
 may deduct the sum so paid by him from the wages payable for 
 the services of the boy or girl, (i) 
 
 (l) This provision can now only apply to cases where as a condition of 
 the admission of the child to a public elementary school a fee can properly be 
 charged, having regard to the provisions in the Elementary Education Act, 
 1891, ante. 
 
 (2.) If any person after such application refuses to pay on 
 demand any sum that becomes due as aforesaid, he shall be liable 
 to a penalty not exceeding ten shillings. 
 
 LEGAL PROCEEDINGS. 
 Penalty for Offences against Act. 
 
 59. (2.) Every person who is guilty of an offence against this 
 Act for which a penalty is not expressly prescribed, shall be liable
 
 50 & 5i VICT., c. 58. 511 
 
 to a fine not exceeding, if he is an owner, agent, or manager or 
 under-manager, twenty pounds, and if he is any other person, two 
 pounds, for each offence ; and if an inspector has given written 
 notice of any such offence, to a further fine not exceeding one 
 pound for every day after such notice that such offence continues 
 to be committed. 
 
 Liability for Misrepresentation as to Age, &>c. 
 
 64. If it appears that a boy or girl was employed on the 
 representation of his or her parent or guardian that he or she was 
 of the age at which his or her employment would not be in con- 
 travention of this Act, and under the belief in good faith that he 
 or she was of that age, or that a person has worked alone as a 
 coal or ironstone getter on his representation that he has had two 
 years' experience of such work under the supervision of skilled 
 workmen, or that he has been previously employed for two years 
 in or about the face of the workings of a mine, and under the 
 belief in good faith that he has had such experience or has been 
 so previously employed, the owner, agent, or manager of the mine 
 and employer shall be exempted from any penalty, and the parent 
 or guardian or the person who has so worked alone, as the case 
 may be, shall, for the misrepresentation, be deemed guilty of an 
 offence against this Act. 
 
 Interpretation of Terms. 
 
 75. In this Act, unless the context otherwise requires, 
 
 ***** 
 " Boy " means a male under the age of sixteen years : 
 "Girl " means a female under the age of sixteen years.
 
 ( 512 ) 
 
 CANAL BOATS ACTS. 
 
 THE CANAL BOATS ACT, 1877. 
 
 (40 & 41 VlCT., C. 60.) 
 
 THIS Act contains the following provisions with regard to the 
 education of children dwelling on board canal boats : 
 
 Education of Children dwelling on Board Canal Boats. 
 
 6. A child in a canal boat registered in pursuance of this Act, 
 and his parent, shall for the purposes of the Elementary Education 
 Acts, 1870, 1873, and 1876, be deemed, subject as hereinafter 
 mentioned, to be resident in the place to which the boat is regis- 
 tered as belonging, and shall be subject accordingly to any bye-law 
 in force under the said Acts in that place. 
 
 Provided that if the parent satisfies the school board or school 
 attendance committee having authority in that place, that the 
 child is actually attending school, or is under efficient instruction 
 in accordance with the said Acts, in some other school district, 
 the said board or committee shall grant him without charge a 
 certificate to that effect, and thereupon he and his child shall be 
 deemed for the purposes aforesaid to be resident in the school 
 district in which the child is so attending school, or under 
 efficient instruction, and shall be subject to any bye-law in force 
 therein. 
 
 The said certificate may on application by the parent be 
 rescinded or varied by the school board or school attendance 
 committee for the place to which the boat is registered as belong- 
 ing, and may be rescinded without application by any such 
 board or committee, if they are satisfied, after due notice to the 
 parent, that his child is not properly attending school or under 
 efficient instruction in the school district mentioned in the 
 certificate, (i) 
 
 (l) The local education authority from the " appointed day " take the place 
 of the school board or school attendance committee (2 Edw. 7, c. 42, sec. 5, 
 ante), and the reference to a school district is to be construed as referring to 
 the area under the jurisdiction of a local education authority. 
 
 Registration Authoi'ity. 
 
 7. For the purpose of the registration of canal boats the 
 registration authority shall be such one or more of the sanitary
 
 40 & 4i VICT., c. 60. 513 
 
 authorities having districts abutting on a canal as may from time 
 to time be prescribed by regulation of the Local Government 
 Board. 
 
 A canal boat shall be registered with some registration authority 
 having a district abutting on the canal on which such boat is 
 accustomed or intended to ply. 
 
 With a view of determining the place to which a canal boat 
 belongs, for the purpose of the Elementary Education Acts, 1870, 
 1873, and 1876, the registration authority shall register any canal 
 boat in respect of which an application is made for registration 
 as belonging to some place which is either a school district or 
 is part of a school district, and is situate wholly or partly within 
 the jurisdiction of the registration authority with which it is 
 registered. 
 
 As to school districts, see note on sec. 6. 
 
 Power of Canal Company, 6^., to establish Schools. 
 
 12. Any company or association, corporate or unincorporate, 
 being the owners of any canal boats, or being the owners, lessees, 
 or undertakers of any canal, may, with the assent of a special 
 resolution of their members, and notwithstanding any Act of 
 Parliament, charter, or document regulating the funds of the 
 company or association, appropriate any portion of their funds 
 to the establishment and maintenance, or establishment or 
 maintenance, of a school or schools wherein the children of the 
 persons employed in canal boats may be lodged, maintained, and 
 educated, or educated only ; with this restriction, that the children 
 shall not be maintained gratuitously, but the lodging or education 
 may be wholly or partially gratuitous. 
 
 A "special resolution " shall for the purposes of this Act mean 
 a resolution passed in manner provided by the fifty-first section 
 of the Companies Act, 1862. 
 
 Definitions. 
 
 14. In this Act, unless the context otherwise requires, 
 ***** 
 
 The expression "parent" includes guardian, and every 
 person who is liable to maintain or has the actual custody 
 of any child : 
 
 The expression " canal " includes any river, inland navigation, 
 lake, or water being within the body of a county, whether 
 it is or not between the ebb and flow of the tide : 
 
 The expression " canal boat " means any vessel, however 
 propelled, which is used for the conveyance of goods along 
 a canal as above defined, and which is not a ship duly 
 registered under the Merchant Shipping Act, 1854, and 
 the Acts amending the same.
 
 5H CANAL BOATS ACTS. 
 
 THE CANAL BOATS ACT, 1884. 
 (47 & 48 VICT., C.-7S.) 
 
 This Act contains the following provisions in connection with 
 the education of children dwelling on board canal boats : 
 
 Penalty for Contravention of Regulations under Canal Boats Acts. 
 
 II. If default is made in complying with any of the regulations 
 made or to be made by the Local Government Board and Edu- 
 cation Department under the principal Act or this Act, and for 
 the time being in force, the master of the boat with respect to 
 which the default is made, and also the owner of the boat, if in 
 default, shall for each default be liable on summary conviction to 
 a fine not exeeeding twenty shillings. 
 
 Power to make Regulations as to School Certificates > &c. 
 
 V. The power to make regulations given to the Local Govern- 
 ment Board by the principal Act and this Act shall include 
 power to the Education Department to make regulations with 
 respect to the form of certificates or pass books as to attendance 
 at school to be used by children in canal boats. 
 
 No regulations have been made by the Board of Education with respect to 
 these matters. 
 
 Annual Report by Education Department. 
 
 VI. The Education Department shall every year report to 
 Parliament as to the manner in which the Elementary Education 
 Acts, 1870 and 1873, 1876 and 1880, are enforced with respect 
 to children in canal boats, and shall for that purpose direct Her 
 Majesty's Inspectors of Schools to communicate with the School 
 Boards and School Attendance Committees in their district.
 
 PREVENTION OF CRUELTY TO CHILDREN 
 ACT, 1894. 
 
 (57 & 58 VICT., c. 41.) 
 
 THIS Act contains the following provisions as to restriction on 
 employment of children : 
 
 Restrictions on Employment of Children, 
 
 2. If any person 
 
 (a) causes or procures any child, being a boy under the age 
 
 of fourteen years, or being a girl under the age of 
 sixteen years, or, having the custody, charge, or care 
 of any such child, allows that child, to be in any street, 
 premises, or place for the purpose of begging or 
 receiving alms, or of inducing the giving of alms, 
 whether under the pretence of singing, playing, 
 performing, offering anything for sale, or otherwise ; 
 or 
 
 (b) causes or procures any child, being a boy under the age 
 
 of fourteen years, or being a girl under the age of 
 sixteen, or having the custody, charge, or care of any 
 such child, allows that child, to be in any street, or 
 in any premises licensed for the sale of any intoxicat- 
 ing liquor, other than premises licensed according 
 to law for public entertainments, for the purpose of 
 singing, playing, or performing for profit, or offering 
 anything for sale, between nine p.m. and six a.m. ; 
 or 
 
 (c) causes or procures any child under the age of eleven 
 
 years, or, having the custody, charge, or care of any 
 such child, allows that child, to be at any time in any 
 street, or in any premises licensed for the sale of any 
 intoxicating liquor, or in premises licensed according 
 to law for public entertainments, or in any circus or 
 other place of public amusement to which the public 
 are admitted by payment, for the purpose of singing, 
 playing, or performing for profit, or offering anything 
 for sale ; or 
 
 (d) causes or procures any child under the age of sixteen 
 
 years, or, having the custody, charge, or care of any 
 such child, allows that child to be in any place for
 
 5l6 PREVENTION OF CRUELTY TO CHILDREN ACT. 
 
 the purpose of being trained as an acrobat, con- 
 tortionist, or circus performer, or of being trained for 
 any exhibition or performance which in its nature is 
 dangerous, 
 
 that person shall, on summary conviction, be liable, at the dis- 
 cretion of the court, to a fine not exceeding twenty-five pounds, 
 or alternatively, or in default of payment of such fine, or in 
 addition thereto, to imprisonment, with or without hard labour, 
 for any term not exceeding three months. 
 
 Provided that 
 
 (i.) This section shall not apply in the case of any occasional 
 sale or entertainment the net proceeds of which are 
 wholly applied for the benefit of any school or to any 
 charitable object, if such sale or entertainment is held 
 elsewhere than in premises which are licensed for the 
 sale of any intoxicating liquor but not licensed accord- 
 ing to law for public entertainments, or if, in the case 
 of a sale or entertainment held in any such premises 
 as aforesaid, a special exemption from the provisions 
 of this section has been granted in writing under the 
 hands of two justices of the peace ; and 
 
 (ii.) Any local authority may, if they think it necessary or 
 desirable so to do, from time to time by bye-law 
 extend or restrict the hours mentioned in paragraph 
 () of this section, either on every day or on any 
 specified day or days of the week, and either as to the 
 whole of their district or as to any specified area 
 therein ; and 
 
 (iii.) Paragraphs (c) and (<) of this section shall not apply 
 in any case in respect of which a licence granted 
 under this Act is in force, so far as that licence 
 extends; and 
 
 (iv.) Paragraph (d) of this section shall not apply in the case 
 of a person who is the parent or legal guardian of a 
 child, and himself trains the child. 
 
 Licences for Employment of Children. 
 
 3. (i.) A petty sessional court, or in Scotland the School 
 Board, may, notwithstanding anything in this Act, grant a licence 
 for such time and during such hours of the day, and subject to 
 such restrictions and conditions as the court or board think fit, 
 for any child exceeding seven years of age 
 
 (a) to take part in any entertainment or series of entertain- 
 ments to take place in premises licensed according to 
 law for public entertainments, or in any circus or 
 other place of public amusement as aforesaid ; or
 
 57 & 58 VICT., c, 41. 517 
 
 (b) to be trained as aforesaid ; or 
 (f) for both purposes ; 
 
 if satisfied of the fitness of the child for the purpose, and if it is 
 shown to their satisfaction that proper provision has been made 
 to secure the health and kind treatment of the children taking 
 part in the entertainment or series of entertainments or being 
 trained as aforesaid, and the court or board may, upon sufficient 
 cause, vary, add to, or rescind any such licence. 
 
 Any such licence shall be sufficient protection to all persons 
 acting under or in accordance with the same. 
 
 (2.) A Secretary of State may assign to any inspector appointed 
 under section sixty-seven of the Factory and Workshop Act, 
 1878, specially and in addition to any other usual duties, the 
 duty of seeing whether the restrictions and conditions of any 
 licence under this section are duly complied with, and any such 
 inspector shall have the same power to enter, inspect, and 
 examine any place of public entertainment at which the employ- 
 ment of a child is for the time being licensed under this section 
 as an inspector has to enter, inspect, and examine a factory or 
 workshop under section sixty-eight of the same Act. 
 
 (3.) Where any person applies for a licence under this section 
 he shall, at least seven days before making the application, give 
 notice thereof to the chief officer of police for the district in 
 which the licence is to take effect, and that officer may appear 
 or instruct some person to appear before the authority hearing 
 the application, and show cause why the licence should not be 
 granted, and the authority to whom the application is made shall 
 not grant the same unless they are satisfied that notice has been 
 properly so given. 
 
 (4.) Where a licence is granted under this section to any 
 person, that person shall, not less than ten days after the granting 
 of the licence, cause a copy thereof to be sent to the inspector of 
 factories and workshops acting for the district in which the licence 
 is to take effect, and, if he fails to cause such copy to be sent, 
 shall be liable on summary conviction to a fine not exceeding 
 five pounds. 
 
 (5.) Nothing in this or in the last preceding section shall affect 
 the provisions of the Elementary Education Act, 1876, or the 
 Education (Scotland) Act, 1878.
 
 YOUTHFUL OFFENDERS ACT, 1901. 
 
 (i EDW. 7, c. 20.) 
 THIS Act contains the following provisions : 
 
 Removal of Disqualifications attaching to Felony . 506^51 Viet., 
 c. 25. 42 6 43 Viet., c. 49. 29 &> 30 Viet., c. 118. 
 
 i. Where a child or young person having been convicted of 
 felony is discharged in accordance with section sixteen of the 
 Summary Jurisdiction Act, 1879, or the Probation of First 
 Offenders Act, 1887, or otherwise, or is punished with whipping 
 only, the conviction shall not be regarded as a conviction of 
 felony for the purposes of section fifteen of the Industrial Schools 
 Act, 1866, or of any disqualification attaching to felony. 
 
 Liability of Parent or Guardian in Case of Offence committed 
 by Child or Young Person. 
 
 2. (i.) Where a child or young person is charged with any 
 offence for the commission of which a fine, damages, or costs, 
 may be imposed upon him by a court of summary jurisdiction, 
 and there is reason to believe that his parent or guardian has 
 conduced to the commission of the alleged offence by wilful 
 default or by habitually neglecting to exercise due care of him, 
 the court may, on information, issue a summons against the 
 parent or guardian of the child or young person charging him with 
 so contributing to the commission of the offence. 
 
 (2.) A summons to the child or young person may include a 
 summons to the parent or guardian. 
 
 (3.) The charge against the child or young person and the 
 charge against the parent or guardian may be heard together, and 
 for that purpose the proceedings against the child or young person 
 may be adjourned. 
 
 (4.) When, after hearing the case, any fine, damages, or costs 
 are imposed upon the child or young person, and the court is 
 satisfied that his parent or guardian has conduced to the commis- 
 sion of the offence by wilful default or by habitually neglecting to 
 exercise due care of him, the court may order that the fine, 
 damages, or costs shall be paid by the parent or guardian instead 
 of by the child or young person, and may also order the parent
 
 I EDW. /, C. 20. 519 
 
 or guardian to give security for the good behaviour of the child or 
 young person. 
 
 (5.) Any sums so imposed and ordered to be paid may be 
 recovered from the parent or guardian by distress or imprisonment 
 in manner provided by section twenty-one of the Summary 
 Jurisdiction Act, 1879. 
 
 (6.) A parent or guardian may appeal against an order made 
 under this section to a court of quarter sessions. 
 
 (7.) Where a parent or guardian is ordered by the court to 
 pay fine, damages, or costs, or to give security for the good 
 behaviour of the child or young person, no further charge under 
 this Act shall be brought against the parent or guardian in respect 
 of any wilful default or habitual neglect to exercise due care of 
 such child or young person prior to the making of such order, 
 without prejudice to the liability of the parent or guardian for any 
 subsequent wilful default or habitual neglect in respect of the same 
 child or young person. 
 
 Limitation of Costs. 
 
 3. Where a child or young person is ordered by a court of 
 summary jurisdiction to pay costs in addition to a fine, the amount 
 of the costs so ordered to be paid shall in no case exceed the 
 amount of the fine, and, except so far as the court may think fit 
 to expressly order otherwise, all fees payable or paid by the 
 informant in excess of the amount of costs so ordered to be paid 
 shall be remitted or repaid to him, and the court may also order 
 the fine or any part thereof to be paid to the informant in or 
 towards the payment of his costs. 
 
 Remand or Committal to Place other than Prison. 
 
 4. (i.) A court of summary jurisdiction, on remanding or 
 committing for trial any child or young person, may, instead of 
 committing him to prison, remand or commit him into the custody 
 of any fit person named in the commitment who is willing to 
 receive him (due regard being had, where practicable, to the 
 religious persuasion of the child), to be detained in that custody 
 for the period for which he has been remanded, or until he is 
 thence delivered by due cause of law, and the person so named 
 shall detain the child or young person accordingly, and if 
 the child or young person escapes he may be apprehended 
 without warrant and brought back to the custody in which he 
 was placed. 
 
 (2.) The court may also exercise the like powers pending any 
 inquiry concerning a child under section nineteen of the Industrial 
 Schools Act, 1866. 
 
 (3.) The court may vary or revoke the remand or commitment,
 
 520 YOUTHFUL OFFENDERS ACT, 1901. 
 
 and if it is revoked the child or young person may be committed 
 to prison. 
 
 (4.) The council of any county or borough or a school board (i) 
 may defray the whole or any part of the expenses of the mainte- 
 nance of children and young persons in custody under this section. 
 
 (5.) Where a court makes an order under this section the court 
 may make an order on the parent or other person legally liable 
 to maintain the child or young person, requiring that parent or 
 person to pay, as a contribution towards the cost of maintaining 
 the child or young person, such sum, not exceeding five shillings 
 a week, as the court may think fit, during the whole or any part 
 of the time of his custody. The payment shall be made to the 
 inspector of reformatory and industrial schools, or to a constable 
 or other person authorized by the inspector to receive the pay- 
 ment, and the money paid shall be applied under the direction 
 of the Treasury towards the expenses incurred under this section. 
 
 (6.) There shall be paid, out of moneys provided by Parlia- 
 ment towards the cost of maintaining any child or young person 
 when in custody under this section, such contribution as may be 
 fixed by regulations made by the Secretary of State with the 
 approval of the Treasury. 
 
 (7.) Where a child or young person is placed in the custody 
 of a fit person under this section, payments shall be made from 
 the police fund of the place to which the child or young person 
 is sent for his maintenance, in accordance with the regulations 
 made by the Secretary of State, but the police fund shall be repaid 
 through the inspector of reformatory and industrial schools out of 
 the contribution so fixed. 
 
 (i) From the "appointed day " the local education authority have the 
 powers and duties of a school board (2 Edw. 7, c. 42, sec. 5, ante). 
 
 Extension of Power to commit to Industrial School. 
 
 5. A court of assize or quarter sessions may exercise the like 
 power of committing a child to an industrial school as may be 
 exercised by two justices or a magistrate under section fifteen of 
 the Industrial Schools Act, 1866, and the provisions of that Act 
 shall be construed accordingly. 
 
 Recovery of Expenses of Maintenance from Parent or Person 
 legally liabk. 
 
 6. (i.) Where a court of summary jurisdiction makes an order 
 that a child or young person be sent to a certified reformatory 
 or industrial school, the court may make at the same time such 
 order for a contribution to his support and maintenance on his 
 parent, or other person legally liable to maintain him, as may be 
 made by justices or a magistrate under sections twenty-five and 
 twenty-six of the Reformatory Schools Act, 1866, or under section
 
 I EDW. 7, C. 20. 521 
 
 forty of the Industrial Schools Act, 1866, or under any local Act 
 relating to reformatory or industrial schools, and thereupon, 
 subject to the provisions of this Act, those enactments shall apply 
 as if the order had been made on a complaint thereunder. 
 
 (2.) An order made on complaint under any of those enact- 
 ments may be enforced as an order of affiliation, (i) 
 
 (i) As to an enforcement of an order of affiliation by distress and commit- 
 ment, see 35 & 36 Viet, c. 65, sec. 4, and 36 Viet., c. 9, sec. 7. 
 
 (3.) A certificate purporting to be under the hand of the 
 inspector or an assistant inspector of reformatory and industrial 
 schools, or in the case of a day industrial school of the superin- 
 tendent of such school or an officer of the managers, or of the 
 superintendent of the school in the case of any school established 
 under a local Act, stating that any sum due from a parent or 
 other person for the maintenance of a child or young person is 
 overdue and unpaid shall be evidence of the facts stated therein. 
 
 (4.) Where a parent or other person has been ordered under 
 this section or under any of the enactments mentioned therein 
 to contribute to the support and maintenance of a child or young 
 person, he shall give notice of any change of address to the inspector 
 of reformatory and industrial schools or his agent, or in the case 
 of any such school established under a local Act to the superin- 
 tendent of the school, or in the case of a day industrial school 
 to the superintendent of such school or an officer of the managers, 
 and if he fails to do so, without reasonable excuse, he shall be 
 liable on summary conviction to a fine not exceeding two 
 pounds. 
 
 Appeals against Orders for Maintenance. 
 
 7. (i.) Where an order is made under this Act on a parent 
 or other person liable to maintain a child or young person, the 
 order shall be served in the prescribed manner on the person 
 on whom it is made, and shall be binding on him unless he 
 makes an application against it within the prescribed time to the 
 court on the ground either that he is not legally liable to maintain 
 the child or young person, or that he is unable to contribute the 
 sum specified in the order. 
 
 (2.) The court may confirm the order with or without modifi- 
 cations, or may rescind it. 
 
 (3.) Any such order may be enforced as an order of affiliation. 
 
 Contributions by County Councils. 
 
 8. A county council which has contributed to the support of 
 a child or young person in a reformatory or industrial school may 
 contribute to the ultimate disposal of the child or young person. 
 
 2 M
 
 522 YOUTHFUL OFFENDERS ACT, IQOI. 
 
 Contracts with School Managers for Weekly Payments. 
 
 9. Where a local authority acting in pursuance of the Acts 
 relating to reformatory or industrial schools, or the Elementary 
 Education Acts, 1870 to 1900, agree to contribute a weekly pay- 
 ment towards the maintenance of any child in any reformatory or 
 industrial school, the requirements of the first proviso to section 
 twelve of the Industrial Schools Act, 1866, and section twenty- 
 eight of the Reformatory Schools Act, 1866, and of section fourteen 
 of the Elementary Education Act, 1873 (relating to previous 
 notice of intention to contribute), shall not apply to such con- 
 tribution. 
 
 Rules. 
 
 10. The power to make rules under section twenty-nine of the 
 Summary Jurisdiction Act, 1879, shall extend to making rules for 
 regulating the procedure under this Act, and for prescribing any- 
 thing which may under this Act be prescribed. 
 
 Definitions. 
 
 11. In this Act the expressions "child," "young person," and 
 " guardian " have respectively the same meanings as in the 
 Summary Jurisdiction Act, 1879, except that the expression 
 " guardian " includes the guardian of a young person as well as 
 the guardian of a child. 
 
 [Sees. 12 to 17 have reference to Scotland and Ireland.] 
 
 Short Title and Commencement. 
 
 1 8. This Act maybe cited as the "Youthful Offenders Act, 
 1901," and shall come into operation on the first day of January, 
 nineteen hundred and two.
 
 ( 523 ) 
 
 SCHOOLS FOR SCIENCE AND ART ACT, 1891. 
 (54 & 55 VICT., c. 61.) 
 
 An Act to facilitate the Transfer of Schools for Science and Art to 
 Local Authorities. 
 
 [$tk August, 1891.] 
 
 Transfer of School for Science and Art or Literary or Scientific 
 Institution to Local Authority. 
 
 i. (i.) The managers of any school for science and art, or 
 for science, or for art, or of any institution to which the Literary 
 and Scientific Institutions Act, 1854, applies, may make an 
 arrangement with any local authority within the meaning of the 
 Technical Instruction Act, 1889, for transferring the school or 
 institution to that authority, and the local authority may assent 
 to any such arrangement and give effect thereto, subject to the 
 provisions of that Act. 
 
 (2.) The provisions of section twenty-three of the Elementary 
 Education Act, 1870, with respect to arrangements for the transfer 
 of schools shall apply in the case of arrangements for the transfer 
 of schools or institutions in pursuance of this section, with this 
 modification, that for the purposes of transfers to a local authority 
 references to the school board shall be construed as references to 
 the local authority and references to the Education Department 
 as references to the Department of Science and Art, and references 
 to the school shall, in the case of an institution not being a 
 school, be construed as references to the institution. 
 
 (3.) In this section the expression " managers " includes all 
 persons who have the management of any school or institution, 
 whether the legal interest in the site and buildings of the school 
 or institution is or is not vested in them. 
 
 The reference to the Technical Education Act, 1889, is to be construed as 
 a reference to the provisions of Part II. of the Education Act, 1902, p. 84, 
 ante, and the provisions of that Act apply with respect to any school, college, 
 or hostel established, and to any obligation incurred under the Technical 
 Instruction Acts, 1889 and 1891, as if the school, college, or hostel had been
 
 524 SCHOOLS FOR SCIENCE AND ART ACT, 1891. 
 
 established or the obligation incurred under Part II. of that Act (2 Edw. 7, 
 c. 42, Third Schedule (n), ante. 
 
 The Board of Education have taken the place of the Education Department 
 and the Department of Science and Art (62 & 63 Viet. c. 33, sec. 2, ante). 
 
 Short Title. 
 
 2. This Act may be cited as the " Schools for Science and Art 
 Act, 1891."
 
 ( 525 ) 
 
 TECHNICAL AND INDUSTRIAL INSTITUTIONS ACT, 
 
 1892. 
 
 (55 & 5 6 VI CT., c. 29.) 
 
 An Act to facilitate the Acquisition and Holding of Land by 
 Institutions for promoting Technical and Industrial Instruc- 
 tion and Training. 
 
 [27 th June, 1892.] 
 Short Title. 
 
 1. This Act may be cited as the "Technical and Industrial 
 Institutions Act, 1892." 
 
 Definition of Institution. 
 
 2. This Act applies to every institution established, whether 
 before or after the passing of this Act, for effecting all or any of 
 the following purposes, that is to say : 
 
 (i.) To give technical instruction within the meaning of the 
 
 Technical Instruction Act, 1889 ; 
 (ii.) To provide the training, mental or physical, necessary 
 
 for the above purpose ; 
 
 (iii.) In connection with the purposes before mentioned, to 
 provide workshops, tools, scientific apparatus, and 
 plant of all kinds, libraries, reading rooms, halls for 
 lectures, exhibitions, and meetings, gymnasiums, and 
 swimming baths, and also general facilities for mental 
 and physical training, recreation, and amusement, and 
 also all necessary and proper accommodation for 
 persons frequenting the institution ; 
 
 and every such institution is in this Act referred to as the insti- 
 tution. 
 
 With regard to the reference to the Technical Instruction Act, 1889, see 
 2 Edw. 7, c. 42, Third Schedule (Ii), ante. 
 
 Governing Body. 
 
 3. (i.) The governing body of the institution may be any 
 body corporate, council, public authority, local authority, com- 
 missioners, directors, committee, trustees, or other body of
 
 526 TECHNICAL INSTITUTIONS ACT. 
 
 persons, corporate or unincorporate, willing to undertake, or 
 elected or appointed for the purpose of undertaking, or having, 
 the government and management of the institution. 
 
 (2.) The governing body may make bye-laws and rules for the 
 management and conduct of the institution. 
 
 Incorporation of 8 &* 9 Viet., c. 18. 23 &> 24 Viet., c. 106. 
 
 4. The Lands Clauses Consolidation Act, 1845, an d the Lands 
 Clauses Consolidation Amendment Act, 1860 (except the pro- 
 visions of those Acts relating to the purchase and taking of lands 
 otherwise than by agreement, and with respect to the entry upon 
 lands by promoters of the undertaking, and with respect to deter- 
 mining the amount of purchase money by valuation of surveyors), 
 are hereby incorporated in this Act. 
 
 Power to take Land by Agreement. 
 
 5. The governing body of the institution may by agreement 
 enter on, take, and use any land required by them for the purposes 
 of the institution, and such land may be conveyed either to the 
 governing body or to trustees for the governing body. 
 
 Conveyance may be by Way of Sale, Exchange, or Gift. 
 
 6. (i.) A conveyance of land may be made to the governing 
 body of the institution or to trustees for the governing body 
 either for valuable consideration in money, or in consideration of 
 a rent-charge, or by way of exchange for other land, or, subject 
 as in this Act provided, by way of free gift, and without any 
 consideration. 
 
 (2.) A conveyance under this Act by a person having an 
 equitable estate shall operate to pass any bare outstanding legal 
 estate vested in a trustee. 
 
 Conveyances by Limited Owners. 
 
 7. (i.) A conveyance under this Act by a person not entitled 
 to dispose absolutely for his own benefit of the land proposed to 
 be conveyed (other than a conveyance on a sale or exchange for 
 the best consideration in money, or by way of rent-charge, or in 
 land to be reasonably obtained) shall be subject to the following 
 restrictions and provisions : 
 
 (a) It shall not in itself, or in addition to any land conveyed 
 
 under this Act by the same person, comprise more 
 than two acres in the whole in any one county, city, 
 or borough ; 
 
 (b) It shall be made either with the consent of the person, if 
 
 any, entitled to the next estate of freehold in remainder
 
 55 & 56 VICT., c. 29. 527 
 
 for the time being, or with the approval of the High 
 Court of Justice. 
 
 (2.) Every application to the Court for an order approving a 
 conveyance under this Act shall be by summons in chambers, and 
 shall, subject to the Acts regulating the Court, be assigned to the 
 Chancery Division. 
 
 (3.) On any such application, the Court may direct notice to 
 be served on such persons, if any, as it thinks fit. 
 
 (4.) On any such application, the Court shall have regard to the 
 circumstances of the settled estate, the wants of the neighbour- 
 hood, and the interests of the persons entitled in remainder, and 
 the Court, if it thinks fit under all the circumstances of the case, 
 may make an order approving the proposed conveyance. Such 
 order, if the Court thinks fit, may be made on such terms and 
 conditions, if any, as the Court thinks proper ; but no such order 
 shall be made if the application is opposed by any person 
 entitled in remainder, unless the Court is of opinion that the 
 opposition is unreasonable, or the interest of the person opposing 
 so remote that it may properly be disregarded. 
 
 Institution to be Public. 
 
 8. Every institution for which land has been acquired under an 
 exercise of the powers conferred by this Act shall be open 
 generally either to all persons or to all persons within specified 
 limits as to age, qualification, or otherwise, and either without 
 payment or on specified terms as to times of attendance and 
 payment of subscriptions or fees or otherwise, but so that no 
 preference be given to any person or class of persons within the 
 specified limits. 
 
 Site may be Sold or Exchanged. 
 
 9. (i.) Land acquired under the powers of this Act shall not 
 be used otherwise than for the purposes of an institution within 
 the meaning of this Act, but, with the consent of the Charity 
 Commissioners, may be sold or may be exchanged for other land. 
 
 (2.) The governing body or their trustees may execute convey- 
 ances and do all acts necessary to effectuate a sale or exchange. 
 
 (3.) On a sale, the receipt of the governing body or of the 
 trustees for the governing body shall be a sufficient discharge for 
 the purchase money, and such money shall, as soon as convenient, 
 be invested in the purchase of other land. 
 
 (4.) Land purchased or taken in exchange under this section 
 shall be devoted to the same purposes and be liable to the same 
 incidents as originally were applicable to or affected the land sold 
 or given in exchange. 
 
 (5.) Money arising by sale may, until reinvested in the purchase 
 of land, be invested in the names of the governing body or of
 
 528 TECHNICAL INSTITUTIONS ACT. 
 
 trustees for the governing body in any manner in which trust 
 money is for the time being by law authorized to be invested ; 
 and all dividends and income on investments so made and all 
 the resulting income shall be invested in like manner so as to 
 accumulate in the way of compound interest, and be added to 
 capital until the capital is reinvested in the purchase of land. 
 
 Parts I. and II. of $\ 6 52 Viet., c. 42, and part of 
 54 6- 55 Viet., c. 73, not to apply. 
 
 10. (i.) Parts I. and II. of the Mortmain and Charitable Uses 
 Act, 1888, and so much of the Mortmain and Charitable Uses 
 Act, 1891, as require that land assured by will shall be sold 
 within one year from the death of the testator, shall not apply to 
 conveyances .or to assurances by will made under or for the 
 purposes of this Act, but every such conveyance or assurance 
 shall be enrolled as soon as may be in the books of the Charity 
 Commissioners. 
 
 (2.) Any corporate body may acquire and shall be entitled to 
 hold and retain land for the purposes of this Act without any 
 licence in mortmain.
 
 ( 529 ) 
 
 ANNUITY TABLES. 
 
 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 ACT, 1898. (I) 
 
 MEN. 
 
 TABLE showing the AMOUNT of ANNUITY, payable quarterly, 
 from the attainment of the Age of 65 Years, in return for 
 a Contribution made by or on behalf of a Man Teacher of 
 the Asre under-mentioned. 
 
 NOTE. Fractions of Fourpence are to be omitted in the Total Annuity to 
 be granted for any series of Contributions. 
 
 Age at which a Contribution is 
 treated as having been paid 
 (Rules 10 (5), ii, 12, and 13, of 1899). 
 
 Amount of Annuity for 
 a Contribution 
 oS3- 
 
 
 s. d. 
 
 20 and not exceeding 21 
 
 I 13 8 
 
 21 
 
 22 ... 
 
 I 12 9 
 
 22 
 
 23 
 
 
 n 9 
 
 23 
 
 24 
 
 
 IO IO 
 
 24 
 
 25 
 
 
 9 n 
 
 25 
 
 26 
 
 
 9 
 
 26 
 
 27 
 
 
 8 I 
 
 27 
 
 28 
 
 
 7 3 
 
 28 
 
 29 
 
 
 6 5 
 
 29 
 
 30 
 
 
 5 7 
 
 30 
 
 31 
 
 
 4 9 
 
 31 
 
 32 
 
 
 3 i* 
 
 32 
 
 33 
 
 
 3 2 
 
 33 
 
 34 
 
 
 2 5 
 
 34 
 
 35 
 
 
 i 8 
 
 35 
 
 36 
 
 
 II 
 
 36 
 
 37 
 
 
 o 3 
 
 37 
 
 38 
 
 o 19 6 
 
 38 
 
 39 
 
 o 18 10 
 
 39 
 
 40 
 
 o 18 2 
 
 40 
 
 4i 
 
 o 17 6 
 
 4i 
 
 42 
 
 o 16 ii 
 
 42 
 
 43 
 
 o 16 3 
 
 43 
 
 44 
 
 o 15 8 
 
 44 
 
 45 
 
 o 15 i 
 
 45 
 
 46 
 
 o 14 6 
 
 46 
 
 47 
 
 o 13 ii 
 
 47 
 
 48 
 
 o 13 5 
 
 48 
 
 49 
 
 12 10 
 
 (i) See 6l & 62 Viet., c. 57, sees. I and 4, pp. 407, 420, ante.
 
 530 ANNUITY TABLES. 
 
 ANNUITY TABLES, MEN COJltiniied. 
 
 Age at which a Contribution is 
 treated as having been paid 
 (Rules 10 (5), ii, 12, and 13, of 1899). 
 
 Amount of Annuity for 
 a Contribution 
 
 49 and not exceeding 50 ... 
 
 12 4 
 
 5 
 
 51 ... 
 
 II 10 
 
 51 
 
 52 
 
 o ii 4 
 
 52 
 
 53 
 
 O IO IO 
 
 53 
 
 54 
 
 o 10 5 
 
 54 
 
 55 
 
 o 9 ii 
 
 55 
 
 56 
 
 096 
 
 56 
 
 57 
 
 091 
 
 57 
 
 58 
 
 088 
 
 58 
 
 59 
 
 083 
 
 59 
 
 60 
 
 o 7 10 
 
 60 
 
 61 
 
 076 
 
 61 
 
 62 
 
 072 
 
 62 
 
 63 
 
 069 
 
 63 
 
 64 
 
 065 
 
 64 
 
 65 
 
 o 6 i
 
 ( 53i ) 
 
 ANNUITY TABLES. 
 
 ELEMENTARY SCHOOL TEACHERS (SUPERANNUATION) 
 ACT, 1898. 
 
 WOMEN. 
 
 TABLE showing the AMOUNT of ANNUITY, payable quarterly, 
 from the attainment of the Age of 65 Years, in return for 
 a Contribution made by or on behalf of a Woman Teacher of 
 the Age under-mentioned. 
 
 NOTE. Fractions of Fourpence are to be omitted in the Total Annuity to 
 be granted for any series of Contributions. 
 
 Age at which a Contribution is 
 treated as having been paid 
 (Rules 10 (5), u, 12, and 13, of 1899). 
 
 Amount of Annuity for 
 a Contribution 
 of 2. 
 
 
 S. d. 
 
 20 and not exceeding 21 ... 
 
 o 15 9 
 
 21 ,, 22 
 
 o 15 4 
 
 22 23 
 
 o 14 u 
 
 23 24 ... 
 
 o 14 6 
 
 24 25 
 
 o 14 i 
 
 25 26 
 
 o 13 9 
 
 26 27 
 
 o 13 4 
 
 27 28 
 
 o 13 o 
 
 28 
 
 , 29 
 
 o 12 7 
 
 29 
 
 3 
 
 o 12 3 
 
 3 
 
 3i 
 
 II II 
 
 31 
 
 32 
 
 o ii 7 
 
 3 2 
 
 33 
 
 o ii 3 
 
 33 
 
 34 
 
 O IO II 
 
 34 
 
 , 35 
 
 o 10 7 
 
 35 
 
 36 
 
 o 10 3 
 
 36 
 
 37 
 
 10 
 
 37 
 
 38 
 
 098 
 
 38 
 
 39 
 
 095 
 
 39 
 
 t 40 
 
 091 
 
 40 
 
 , 4i 
 
 o 8 10 
 
 4i 
 
 42 
 
 087 
 
 42 
 
 43 
 
 084 
 
 43 
 
 , 44 
 
 080 
 
 44 
 
 , 45 
 
 079 
 
 45 
 
 , 46 
 
 077 
 
 4 6 
 
 i 47 
 
 074
 
 532 ANNUITY TABLES. 
 
 ANNUITY TABLES, WOMEN COtltimied. 
 
 Age at which a Contribution is 
 treated as having been paid 
 (Rules 10 (5), ii, 12, and 13, of 1899'). 
 
 Amount of Annuity for 
 a Contribution 
 of ?. 
 
 
 s. d. 
 
 47 and not exceeding 48 
 
 071 
 
 48 
 
 49 
 
 o 6 10 
 
 49 
 
 50 
 
 067 
 
 50 
 
 51 
 
 065 
 
 5i 
 
 52 
 
 062 
 
 52 
 
 53 
 
 060 
 
 S3 
 
 54 
 
 059 
 
 54 
 
 55 
 
 057 
 
 55 
 
 56 
 
 054 
 
 56 
 
 57 
 
 052 
 
 57 
 
 58 
 
 o 4 ii 
 
 58 
 
 59 
 
 049 
 
 59 
 
 60 
 
 047 
 
 60 
 
 .61 
 
 044 
 
 61 
 
 62 
 
 042 
 
 62 
 
 63 
 
 040 
 
 63 
 
 :6 4 
 
 o 3 10 
 
 64 
 
 65 
 
 037
 
 ( 533 ) 
 
 FORM OF BYE-LAWS ISSUED TO SCHOOL 
 BOARDS BY BOARD OF EDUCATION. 
 
 BYE-LAWS MADE UNDER SECTION 74 OF THE ELEMENTARY 
 EDUCATION ACT, 1870, AS AMENDED BY THE ELEMENTARY 
 EDUCATION ACTS, 1876, l88o, 1893, 1899, AND 1900. 
 
 FOR THE . (l) 
 
 BY THE 
 
 Definitions. 
 
 1. In these bye-laws 
 
 The term " district " means . (2) 
 
 The term " child" means a child residing in the district. 
 
 The term " school " means a certified efficient school. 
 
 " Attendance " means an attendance at a morning or afternoon 
 meeting of the school. 
 
 The Code " for the time being " means the Code of Minutes of 
 the Board of Education in force for the time being with respect 
 to the parliamentary grant to public elementary schools in 
 England. 
 
 The term " local authority " means the local authority for the 
 district acting for the time being under the Elementary Education 
 Act, 1876. 
 
 Children to attend School. 
 
 2. The parent of every child of not less than five, nor more than 
 fourteen, years of age shall cause such child to attend school, 
 unless there be a reasonable excuse for non-attendance. 
 
 Any of the following reasons shall be a reasonable excuse, 
 namely : 
 
 (a) That the child is under efficient instruction in some other 
 
 manner. 
 
 (b) That the child has been prevented from attending school 
 
 by sickness or any unavoidable cause. 
 
 (1) Insert the name of the district to which it is intended that the propose I 
 bye-laws shall relate. 
 
 (2) Insert the name of the district to which it is intended that the proposed 
 bye-laws shall relate.
 
 534 FORM OF BYE-LAWS. 
 
 (<r) That there is no public elementary school open which the 
 child can attend within (4) miles, measured 
 
 according to the nearest road from the residence of 
 such child. 
 
 Time of Attendance. 
 
 3. The time during which every child shall attend school shall 
 be the whole time for which the school selected shall be open for 
 the instruction of children of similar age, including the day fixed 
 by His Majesty's inspector for his annual visit. 
 
 Proviso as to Religion and Labour Acts. 
 
 4. Provided always that nothing in these bye-laws 
 
 (a) Shall prevent the withdrawal of any child from any 
 
 religious observance or instruction in religious 
 subjects ; 
 
 (b) Shall require any child to attend school on any day 
 
 exclusively set apart for religious observance by the 
 religious body to which its parent belongs ; or 
 
 (c) Shall have any force or effect in so far as it may be con- 
 
 trary to anything contained in any Act for regulating 
 the education of children employed in labour. 
 
 5. And provided always that 
 
 Proviso as to Total Exemption. 
 
 (a) A child between twelve and fourteen years of age shall 
 
 not be required to attend school if such child has 
 received a certificate from one of His Majesty's 
 inspectors of schools that it has reached the (5) 
 
 Standard prescribed by the Code for the time 
 being. 
 
 Proviso as to Partial Exemption for Purposes of Employment. 
 
 (b) When a child between twelve and fourteen years of age, 
 
 being beneficially employed to the satisfaction of the 
 local authority, has 
 
 either (i.) received a certificate from one of His Majesty's 
 inspectors of schools that it has reached the 
 (6) Standard prescribed by the Code for the time 
 being, 
 
 (4) Insert a number not greater than three. 
 
 (5) Insert a standard which should be not lower than the fifth. 
 
 (6) Here insert a standard lower than that hi 5 (a), but which should be not 
 lower than the fourth.
 
 FORM OF BYE-LAWS. 535 
 
 or (ii.) obtained a certificate that it has made 300 attend- 
 ances in not more than two schools in each year 
 for five preceding years whether consecutive or 
 not, 
 such child may, 
 
 (x) while regularly making five attendances in each week in 
 which the school is open, be exempt from further 
 attendance at school, 
 or may, 
 
 (v) after having completed (7) attendances during a 
 
 period from (8) to , or subsequent thereto, 
 
 be exempt from further attendances until (9) 
 
 next ensuing. 
 
 NOTE. The attendances under this last sub-section (y) may be required to be 
 fulfilled in two or more distinct periods ; in that case the periods,- and the 
 number of attendances to be made within each period, must be separately 
 specified ; and the exemption must be until the commencement of the next 
 succeeding period. 
 
 Paragraphs (x) and (y) may be treated as alternatives, or both of them may 
 be included in the bye-law. 
 
 Special Bye-law for Children to be employed in Agriculture 
 (62 6 63 Viet., c. 13). 
 
 (c) The parent of any child may, at any time after such child is 
 eleven years of age, and has passed the (10) 
 
 Standard, give notice to the local authority that such child 
 is to be employed in agriculture. 
 
 The minimum age for exemption from school attendance for stick 
 child shall be thirteen. 
 
 Such child while between the ages of eleven and thirteen shall 
 attend school 250 times in the year, namely C 11 )- 
 
 Any stick child, so soon as it shall have made the number of 
 
 attendances required -j -y r c "^ . j ^ >1 \above mentioned, 
 
 shall, whilst employed in agriculture, be exempt from further obliga- 
 
 .. . ., -, 7 / j-/j; {end of the year. 
 twn to attend school until the \ ' > , . , , ,. , 
 
 \ next succeeding period above mentioned. 
 
 A certificate from the head teacher of a school that such child has 
 made the attendances required by this bye-law, together with the pro- 
 duction of the labour certificate, shall be sufficient evidence to justify 
 the employment in agriculture of such child. 
 
 (7) Here insert a number not less than 200. 
 
 (8) Here specify the period during which partially exempted children are to 
 attend school. 
 
 (9) Here insert the commencing date of the period before mentioned. 
 
 (10) Here insert the same standard as in 5 (b) above. 
 
 (11) Here set out the period or periods within which the attendances are to 
 be made.
 
 536 FORM OF BYE-LAWS. 
 
 Penalty. 
 
 6. Every parent who shall not observe, or shall neglect or 
 violate these bye-laws, or any of them, shall, upon conviction, be 
 liable to a penalty not exceeding, with the costs, twenty shillings 
 for each offence. 
 
 Revocation. 
 
 7. Any bye-laws heretofore made under sec. 74 of the Elementary 
 Education Act, 1870, or under that section as amended by tJie 
 Elementary Education Acts, 1876, 1880, 1893, 1899, and 1900, are 
 hereby revoked, as from the day on which the present bye-laws shall 
 come into operation. 
 
 The above bye-laws were made by the (12) 
 
 at a meeting held on 
 day of , 190 . 
 
 /// witness whereof the school board have hereunto set their common 
 seal this day of , 190 
 
 (L.S.) 
 Scaled in the presence oj 
 
 . Chairman. 
 
 Clerk. 
 
 NOTE. To reach or pass a standard means to pass in reading, writing, and 
 arithmetic in that or a higher standard. 
 
 (12) Insert the name of the school board making the proposed bye-laws.
 
 ( 537 ) 
 
 MEMORANDUM AS TO CLOSING OF PUBLIC ELE- 
 MENTARY SCHOOLS OR EXCLUSION THERE- 
 FROM OF PARTICULAR CHILDREN IN ORDER 
 TO PREVENT SPREAD OF DISEASE. 
 
 THE following memorandum prepared in the Medical Depart- 
 ment of the Local Government Board, has been issued by the 
 Board : 
 
 Objects of Memorandtim. 
 
 1. It is attempted in these notes to bring together the informa- 
 tion in the possession of the Local Government Board, derived 
 from the reports of the Board's own medical inspectors and of 
 local medical officers of health, respecting school closure and 
 exclusion from school as precautions against infection, with a 
 view to indicate the best means of preventing the spread of 
 disease by school children among their fellows, while avoiding 
 any unnecessary interruption of the work of education. 
 
 Regulations of Education Department. 
 
 2. In the Code of Regulations approved by the Lords of the 
 Committee of Council on Education, the following article (Art. 
 88) prescribes, as one of the general conditions required to be 
 fulfilled by a public elementary school in order to obtain an 
 annual parliamentary grant, that 
 
 " The' managers must at once comply with any notice of the 
 sanitary authority of the district in which the school is situated, 
 or any two members thereof acting on the advice of the medical 
 officer of health, requiring them for a specified time, with a view 
 to preventing the spread of disease, or any danger to health 
 likely to arise from the condition of the school, either to close 
 the school, or to exclude any scholars from attendance, but after 
 complying they may appeal to the Department if they consider the 
 notice to be unreasonable." 
 
 Article 83 (a) prescribes that "if a school has been 
 " closed during the year under medical authority, or for 
 " any unavoidable cause, a corresponding reduction is 
 " made from the number of meetings " (400 a year) required. 
 Article 101 provides that where the Education Depart- 
 " ment are satisfied that by reason of a notice of the sanitary 
 "authority under Art. 88, or any provision of an Act of 
 
 2 N
 
 53 8 CLOSURE, ETC., OF SCHOOLS 
 
 ' Parliament, requiring the exclusion of certain children, or 
 ' by reason of the exclusion under medical advice of 
 ' children from infected houses, the average attendance has 
 ' been seriously diminished, and that consequently a loss of 
 'annual grant would, but for this article, be incurred, 
 ' the Department have power to make a special grant not 
 ' exceeding the amount of such loss in addition to the 
 ' ordinary grant." 
 
 Diseases principally requiring Action. 
 
 3. The diseases for the prevention of which school closure, or 
 the exclusion of particular children, will be required are principally 
 those which spread by infection directly from person to person, 
 such as diphtheria, scarlet fever, measles, whooping-cough, 
 epidemic influenza, small-pox, and rotheln. More rarely, the 
 same questions arise in connection with enteric fever and 
 diarrhceal diseases, which spread not so much by direct infection 
 from person to person as indirectly through the agency of local 
 conditions, such as infected school privies. 
 
 4. It will be seen that Art. 88 quoted above confers upon 
 sanitary authorities an alternative power with respect to public 
 elementary schools. 
 
 (A) To cause particular scholars to be for a specified time 
 excluded from attendance, or 
 
 (B) To require the school to be closed for a specified time. 
 
 Exchision of Scholars, 
 
 5. A. First, as to exclusion from school of particular scholars. 
 Here it will be convenient to consider the circumstances under 
 which the requirements of the public health will be satisfied by 
 the less severe measure of the exclusion from school of particular 
 children. 
 
 (a) It may be laid down as a universal principle that all 
 
 children suffering from any dangerous infectious 
 disorder (i.e., of a nature dangerous to some of the 
 persons attacked by it, however mild in other cases) 
 should be excluded from school until there is reason 
 to believe that they have ceased to be in an infectious 
 condition (see sec. 126 of the Public Health Act, 
 
 1875). 
 
 (b) Furthermore, as it is rarely possible to provide effectual 
 
 separation of the sick from the healthy within the 
 homes of children of the class attending public 
 elementary schools, it must commonly be necessary 
 that all children of an infected household should be 
 excluded from school; first, because otherwise such
 
 FOR PREVENTION OF SPREAD OF DISEASE. 539 
 
 children might attend school while suffering from the 
 disease in a latent form, or at an unrecognized stage, 
 and, secondly, because it is known that infection may 
 attach itself to, and be conveyed by, the clothes of a 
 person living in an infected atmosphere, even though 
 the person himself remain unaffected. The same 
 considerations will sometimes make it desirable to 
 prohibit the attendance at school of all children from 
 a particular street or hamlet. 
 
 In the case of infectious diseases involving little or no danger 
 to life, such as mumps or skin diseases, school interests may be 
 more particularly considered. In such case, however, it will 
 usually be well for the medical officer of health to advise the 
 managers to prohibit the attendance of every child while in an 
 infectious state. 
 
 Closing of Schools. 
 
 6. B. Secondly, as to the closing of schools. This, by more 
 seriously interfering with the educational work of a district, 
 is a much more grave step for a sanitary authority to take than 
 to direct the exclusion of particular scholars. It is a measure 
 that seldom ought to be enforced, except under circumstances 
 involving imminent risk of an epidemic, nor even then as a matter 
 of routine nor unless there be a clear prospect of preventing the 
 propagation of disease such as could not be looked for from less 
 comprehensive action. 
 
 The mere fact that in an epidemic many of the sufferers are 
 school children does not necessarily show that the disease was 
 caught at school ; but the school may with probability be regarded 
 as spreading infection if in a large majority of households attacked 
 the first case be a child attending school ; and with still greater 
 probability if a number of children living at a distance from one 
 another, and with no circumstances in common, except that they 
 attend the same school, should be simultaneously attacked, and if 
 it can be ascertained that a child or teacher in an infectious state 
 has actually been attending the school. 
 
 Duty of Medical Officer of Health when Infectious Disease occurs. 
 
 7. By Art. 18 (6) of the Board's Order of 23rd March, 1891, 
 the medical officer of health, on the occasion of an outbreak of 
 dangerous infectious disease, is to advise the persons competent 
 to act as to the measures to be taken to prevent the extension of 
 the disease. If, therefore, he finds that the children of infected 
 households are attending school, he should send notice of the fact 
 to the schoolmaster, and give such advice as appears to him to 
 be necessary with regard to the exclusion of the children from
 
 540 CLOSURE, ETC., OF SCHOOLS 
 
 school, and as to the time for which such exclusion should 
 continue. 
 
 Where the number of children to be excluded is small, and the 
 schoolmaster acts on the advice of the medical officer of health, 
 it may not be necessary to take formal action under Art. 88 of 
 the Code ; but where the number of children whom it is desirable 
 to exclude from school is such as is likely seriously to diminish 
 the average attendance, or where the advice of the medical officer 
 of health is not followed, and there is danger of the disease 
 spreading by means of the school, notice for the exclusion of the 
 children in question should be made in accordance with the 
 requirements of Art. 88. 
 
 Aid which Schoolmasters and Others can give. 
 
 The attention of school attendance officers and of schoolmasters 
 should also be drawn to the following considerations. Frequently 
 they themselves will obtain the earliest information of the occur- 
 rence of infectious disease among scholars, and it is most desirable 
 that such officer or master should without delay communicate the 
 facts to the medical officer of health. Absence of any child 
 from school on the plea that it is suffering under one of the 
 before-mentioned diseases, and absence of several children of one 
 family from school at the same time, no matter what name be 
 given to the complaint that keeps them at home, should be 
 reported to the health officer. In practice it has been found that 
 this notification of absentees has materially aided the local health 
 officer in taking measures for the suppression of infectious disease, 
 to the advantage alike of the district and of the school. Further- 
 more, schoolmasters may properly be asked to take note, espe- 
 cially when an epidemic threatens or is present, of symptoms 
 occurring in any of their scholars that may indicate the com- 
 mencement of disease, febrile in nature. Besides heat of skin, 
 such symptoms are shivering, headache, and languor, especially 
 if commencing suddenly, vomiting, rashes on the skin, and sore 
 throat. When scarlet fever or diphtheria is about, every trace of 
 sore throat should be looked upon as suspicious. In any case 
 where such symptoms are observed, the safest course will be 
 to exclude the child from school until assurance can be had that 
 it may attend school without harm to itself or danger to other 
 scholars. 
 
 Exclusion of Particular Scholars. 
 
 8. As regards duration of exclusion from school of particular 
 children, the time to be specified will vary in different diseases 
 and different cases, and in this matter the sanitary authority will 
 doubtless be guided by the advice of their medical officer of 
 health.
 
 FOR PREVENTION OF SPREAD OF DISEASE. 541 
 
 Medical officers of health, having to specify a time during 
 which any scholars are to be excluded from attendance at any 
 school, should have regard as far as practicable to the circum- 
 stances of the particular scholars suffering from infectious disease 
 or living in infected households. Not only the nature of the 
 infection and the length of illness, but the environments of the 
 individual as affecting the retention of infection will deserve con- 
 sideration. The period of exclusion, for example, will need to 
 be different according to the conditions of a patient's lodgment, 
 according to the sufficiency of the separation that can be effected 
 between a patient and excluded scholars, and according to the 
 opportunities of effectual disinfection that can be afforded to the 
 household. Thus a hard and fast rule, such as has been laid 
 down in some districts where scarlatina has been present, that no 
 child shall go to school from an infected house for three months 
 after the disease has begun in that house, is not to be commended. 
 It is indeed possible that under the circumstances of a particular 
 household, a child convalescent from scarlatina or living in the 
 same house with convalescents should not in the interests of other 
 children be permitted to return to school until after so long a 
 period as this ; but the same ought not to be assumed of all house- 
 holds in the district that may be invaded by scarlatina. The 
 better plan would be for the sanitary authority to secure, during 
 a shorter period, the exclusion of individual sick persons and 
 their housemates from school ; and when that period is about to 
 expire to cause fresh inquiry to be made as to the expediency of 
 further exclusion, and, if found requisite in particular cases, to 
 cause fresh notice to be given to the school managers. 
 
 Whether Exclusion or School Closure to be Preferred. 
 
 9. In deciding whether an outbreak of infectious disease among 
 children of school age may be best combated by closing the school, 
 or whether it will suffice to exclude the children of infected house- 
 holds, the two most important points to be considered are : 
 (a) The completeness and promptness of the information 
 received by the officers of the sanitary authority 
 respecting the occurrence of infectious cases. 
 (If) The opportunities which exist for intercourse between 
 the children of different households elsewhere than at 
 school. 
 
 When Exclusion System to be Preferred. 
 
 10. (a) The more prompt and full the knowledge of cases of 
 infectious disease that the sanitary authority are able to obtain, 
 the better will be the prospect of checking such disease by keep- 
 ing away from school the children of infected households, and the
 
 542 CLOSURE, ETC., OF SCHOOLS 
 
 less will be the necessity for closing schools, (i) If the cases be 
 few in number, and their origin known, the exclusion from school 
 of the children of infected households will probably suffice, but 
 this measure will fail where there are many undiscovered or 
 unrecognized cases, or where the known centres of infection are 
 very numerous. 
 
 When Total Closure of School Preferable. 
 
 Commonly, the failure of carefully considered measures of 
 exclusion to stay the spread of an epidemic which shows a special 
 incidence upon school children, may be regarded as pointing to 
 the continued attendance at school of children with the prevalent 
 disease in a mild or unrecognized form, and a strong case will 
 appear for the closing of schools. 
 
 If, by reason of the absence or exclusion of a large number of 
 children, the attendance at a school be greatly reduced, it may 
 be found better to close it altogether. This is especially apt to 
 occur in the case of epidemics of measles, a disease which is very 
 infectious in the early stages, before the characteristic rash has 
 appeared, and while the symptoms resemble those of a common 
 cold. 
 
 Closjire of Schools. 
 
 ii. (b) The second material consideration, in deciding as to 
 the desirability of closing schools during the prevalence of infec- 
 tious disease, is the amount of opportunity for intercommunication 
 between the members of different households elsewhere than at 
 school. In sparsely populated rural districts, where the children 
 of different households, or of separate hamlets, rarely meet except 
 at, or on their way to, the village school, the closing of the school 
 is likely to be effectual in checking the spread of disease. It is 
 less likely to be useful in a town or compact village (particularly 
 where houses are sub-let and yards are in common), where the 
 children of different households, when not at school, spend their 
 time in playing together, and often run in and out of each other's 
 houses. But it must be remembered that children when at play 
 out-of-doors are brought into much less close association with 
 each other than when in school. 
 
 In rural districts, where epidemic diseases are less frequently 
 prevalent, school closing may be required as an exceptional 
 measure to meet an exceptional state of things. As regards more 
 populous places, it must not be forgotten, that if schools were to 
 be closed whenever an infectious disease was prevalent, there are 
 many places where schools would hardly ever be open. 
 
 It will sometimes be necessary to close a school for a day or 
 
 (l) Information obtainable under the Infectious Disease (Notification) Act, 
 1889, will be specially useful in this direction.
 
 FOR PREVENTION OF SPREAD OF DISEASE. 543 
 
 two to allow of the rectification of sanitary defects of a nature to 
 extend disease, or in order that the school may be disinfected or 
 purified. It has happened that infectious sickness in the master's 
 family has forbidden the attendance of scholars. These more 
 temporary and occasional closures of schools are contemplated in 
 the Education Code, and are to be regarded as having a real 
 importance of their own. 
 
 12. In places where there are several public elementary schools, 
 if an outbreak of infectious disease be confined to the scholars of 
 one particular school, it may be sufficient to close that school 
 only. But where different schools have all appeared to aid in 
 the spread of disease (though perhaps to an unequal extent), the 
 sanitary authority may consider it advisable that all should be 
 closed lest children in an infectious state, who previously attended 
 the schools that are closed, should be sent to others that might 
 remain open. 
 
 Sunday and Private Schools. 
 
 It must be remembered that sanitary authorities have no power 
 in respect of Sunday schools, or other private schools : except in 
 so far as these may contravene sec. 91 (5), sec. 126, or other 
 provision of the Public Health Act, 1875 ; but it will often be 
 expedient to invite the co-operation of managers of such schools 
 in efforts for securing the public health. Experience shows that 
 they are usually ready to defer to the representations of the 
 authority responsible for the public health of the district. 
 
 Duty of Medical Officer of Health as to Reporting. 
 
 13. The medical officer of health has not power to order the 
 closing of a school; his function in this respect is advisory only. 
 Reports of medical officers of health to sanitary authorities, 
 advising the closure of a school or schools in any district, are to 
 be treated as " special " reports within the meaning of the general 
 order of the Local Government Board of March 23, 1891, and 
 copies of them are required by Art. 18 (15) and (16) of that order 
 to be sent to the Board, and to the County Council. These 
 reports should state the grounds upon which the medical officer 
 of health advocates the closure of the school or schools in prefer- 
 ence to the exclusion of particular scholars. 
 
 Notices requiring Closure of Schools. 
 
 14. All notices of the sanitary authority for the closing of public 
 elementary schools should be addressed in writing to the 
 managers, and should state the grounds on which the closing is 
 deemed necessary.
 
 544 CLOSURE, ETC., OF SCHOOLS. 
 
 All such notices should specify a definite time during which the 
 school is to remain closed; this should be as short a period as 
 can be regarded as sufficing on sanitary grounds, since a second 
 notice may be given before the expiration of the first, if it should 
 be found necessary to postpone the re-opening of a school. The 
 managers of schools, after complying with the requirements of 
 the sanitary authority, have the right of appeal to the Education 
 Department, if they consider any notice to be unreasonable. 
 
 W. H. POWER. 
 September, 1901.
 
 ( 545 ) 
 
 CERTIFIED EFFICIENT SCHOOLS. 
 
 RULES OF BOARD OF EDUCATION DATED APRIL, IQO2. 
 
 1. The managers of any elementary school who wish the 
 school to be certified as efficient will, on writing to the Secretary, 
 Board of Education, Whitehall, London, S.W., receive instructions 
 as to the manner in which their application is to be conducted. 
 
 2. The Board, on agreeing to entertain the application, will 
 direct one of His Majesty's inspectors to visit and report on 
 the school. The inspector will give notice beforehand of the 
 day fixed for his visit. 
 
 3. The Board must be satisfied that, 
 
 (a) Elementary education is the principal part of the educa- 
 
 tion given in the school, and that the ordinary 
 payments, in respect of the instruction, from each 
 scholar do not exceed ninepence a week. 
 
 (b) The school is not conducted for private profit, and is not 
 
 farmed out by the managers to the teacher. The 
 managers must be responsible for the payment of 
 teachers, for the conduct of their schools, for their 
 maintenance in efficiency, and for the provision of 
 all needful furniture, books, and apparatus, including 
 the Code and Revised Instructions for each year. 
 
 4. The school must be open at all reasonable times to the 
 inspection of His Majesty's inspectors. 
 
 5. The attendances shall be registered in the manner and in 
 such registers as are from time to time prescribed for public 
 elementary schools. 
 
 Attendance at a morning or afternoon meeting shall not be 
 reckoned for any scholar who has been under instruction in 
 secular subjects less than two hours in a school or department 
 for older children, or one and a half hours in a school or class for 
 infants. 
 
 The minimum time constituting an attendance may include an 
 interval for recreation of not more than 15 minutes in a meeting 
 of three hours, and not more than 10 minutes in a shorter meeting. 
 A meeting of two hours or more must include an interval for 
 recreation of not less than 10 minutes.
 
 546 CERTIFIED EFFICIENT SCHOOLS. 
 
 6. The school must have met not less than 400 times in a year. 
 Exceptions : 
 
 (a) If a school, claiming to be certified as efficient for the 
 
 first time, has not been open for a whole year, or if a 
 school has been closed during the year under medical 
 authority, or from any unavoidable cause, a corre- 
 sponding reduction is made from the number of 
 meetings required by this rule. 
 
 (b) A smaller number of meetings will be accepted if the 
 
 school is carried on under an arrangement approved 
 by the Board, with the view of satisfying the require- 
 ments of any bye-law passed by a local authority for 
 the instruction of such children over 12 years of age 
 (or over 1 1 if employed in agriculture under the bye- 
 laws) as are not required to attend full time. 
 7. (a.) The school premises must be healthy, properly con- 
 structed and arranged for teaching, lighted, warmed, cleaned, 
 ventilated, and supplied with suitable offices, must contain suffi- 
 cient accommodation for the scholars attending the school, and 
 must be properly provided with suitable desks and furniture, 
 books, maps, and other apparatus of elementary instruction. 
 
 N.B. All new school premises and enlargements must conform 
 generally to the rules from time to time prescribed for Public 
 Elementary Schools, and the plans must be approved by the 
 Board before such new premises and enlargements are passed. 
 The numbers for which such new premises and enlargements are 
 passed will be settled by the Board, and will generally be calcu- 
 lated in accordance with the rules above referred to. Subject to 
 the above conditions being fully satisfied, schools already certified 
 as efficient will be regarded as accommodating the number of 
 scholars for which they have been hitherto recognized by the 
 Board, provided that in no case there shall be less than 80 cubic 
 feet of internal space and 8 square feet of internal area for each 
 unit of average attendance. If in the neighbourhood of any 
 school there is a deficiency of school accommodation, which is 
 being supplied with due despatch, the accommodation of that 
 school may, with the consent of the Board, be temporarily 
 calculated at 80 cubic feet and 8 square feet for each unit of 
 average attendance. 
 
 No room may be habitually used for a larger number of scholars 
 than that for which it is passed by the Board. 
 
 (If.) The teacher must be efficient, and must not undertake 
 duties not connected with the school which may occupy any part 
 whatever of the school hours. 
 
 (f.) The course of instruction in infant schools and classes 
 -should, as a rule, include 
 
 Suitable instruction in reading, writing, and numbers. 
 Simple lessons on common things.
 
 RULES OF BOARD OF EDUCATION. 547 
 
 Appropriate and varied occupations. 
 Needlework. 
 Drawing. 
 Singing. 
 
 Physical Exercises. 
 
 (<) The course of instruction in schools for older scholars 
 should include 
 
 English, by which is to be understood reading, recitation, 
 composition, and grammar in so far as it bears upon the 
 correct use of language. 
 Arithmetic. 
 Drawing (for boys). 
 Needlework (for girls). 
 Lessons, including object-lessons, on geography, history, 
 
 and common things. 
 
 Singing, which should, as a rule, be by note. 
 Physical Training. 
 N.B. It is not necessary that all these subjects should be 
 
 taught in every class. 
 
 One or more of them may be omitted in any school which can 
 satisfy the inspector and the Board that there is good reason in 
 its case for the omission. 
 
 8. The school must have been visited and reported on by an 
 inspector, who will pay at least one visit during the year. Such 
 visit or visits may be either with or without notice. 
 
 9. The inspector will report whether the school is efficient in 
 premises, organization, discipline, and instruction, and whether 
 the registers are properly kept. 
 
 10. The school or class will be recognized, until such time as 
 the Board recall or suspend its certificate of efficiency, as providing 
 efficient elementary instruction in reading, writing, and arithmetic 
 within the meaning of sect. 4, Elementary Education Act, 1876. 
 
 The Board may recall or suspend a certificate at any time if 
 they are not satisfied that the school is efficient in premises, 
 instruction, discipline, and organization, that all returns called for 
 are duly made, that the admission and daily attendance of the 
 scholars are duly registered, and that returns and certificates of 
 character, if called for, may be accepted as trustworthy. 
 
 11. Notice of the issue, suspension, or withdrawal of a certifi- 
 cate of efficiency will be given to the local authority of the district 
 in which the school is situated. 
 
 12. The managers are required to appoint a correspondent 
 with the Board, who must not be any paid teacher in the school. 
 
 Notice should at once be given to the Board of any change of 
 correspondent occurring during the school year. 
 
 13. Notice should at once be given to the Board of any change 
 in the school staff occurring during the school year.
 
 ( 548 ) 
 
 CERTIFICATES OF AGE, PROFICIENCY, AND 
 SCHOOL ATTENDANCE. 
 
 REGULATIONS OF BOARD OF EDUCATION. 
 
 [2lst March, 1901.] 
 
 Elementary Education Act, 1876, sec. 24. 
 
 BY THE BOARD OF EDUCATION. 
 
 THE Board of Education, by virtue and in pursuance of the 
 powers in them vested under the Elementary Education Act, 
 1876, and of every other power enabling them in this behalf, do 
 order, and it is hereby ordered, that the following regulations be 
 substituted for those contained in the revised regulations as to 
 certificates of age, proficiency, and school attendance, dated the 
 23rd of April, 1900 : 
 
 Certificates of Age. 
 
 1. A certificate of the date of a child's birth will be granted 
 by a registrar or superintendent registrar of births and deaths on 
 presentation of a requisition in a form prescribed for the purpose 
 by the Local Government Board, pursuant to the 2oth section of 
 the Factory and Workshop Act, 1891. The prescribed form of 
 requisition is annexed to this order (Schedule I.). The fee 
 for such certificate is not to exceed 6d. (Order of Local Govern- 
 ment Board.) (i) 
 
 2. A statutory declaration of the date of a child's birth, made 
 by the parent of the child before a magistrate, may be accepted 
 by the local authority in place of a registrar's certificate. The 
 
 (i) For Order of Local Government Board, see p. 581, post. 
 
 In accordance with the regulations for the duties of registrars of births 
 and deaths made under the Births and Deaths Registration Act, 1874, a 
 certificate of the registry of a child's birth may be granted by the registrar at 
 the time of registration on one of the forms furnished by the Registrar-General 
 for the purpose on payment of a fee not exceeding 3^. The Education 
 Department have stated that, doubts having been expressed whether the 
 above certificate is a registrar's certificate which may be accepted by the local 
 authority as evidence of age for the purpose of the issue of a labour certificate 
 (Revised Regulations of the Education Department as to certificates of age, 
 proficiency, and school attendance), they were advised that such certificate of the 
 registry of birth should, when presented, be accepted by the local authority as 
 evidence of age satisfying the requirements of the revised regulations.
 
 REGULATIONS OF BOARD OF EDUCATION. 549 
 
 declaration shall be made on the form annexed to this order 
 (Schedule II.). 
 
 3. When a local authority, under the power given by the 26th 
 section of the Elementary Education Act, 1876, have obtained a 
 return of the births of children in their district which will enable 
 them to grant age certificates to individual children, they shall, on 
 the application of any parent or other person interested in the edu- 
 cation or employment of a child, grant such certificate under the 
 hand of their clerk, or other officer deputed for the purpose, for 
 a fee not exceeding \d. for each child. This certificate is to be 
 given in the form hereinafter prescribed for labour certificates 
 (Schedule III.), or, in the case of a child over thirteen years of 
 age, in the form prescribed in Schedule IV. 
 
 Certificates of Proficiency. 
 
 4. Certificates of proficiency are certificates of having reached 
 or passed any standard prescribed by the Code. To reach or 
 pass a standard a child must be individually examined in reading, 
 writing, and arithmetic in -that or a higher standard, and must 
 pass in each of those subjects, (i) 
 
 5. At any visit of an inspector to any public elementary or 
 other certified efficient school, the managers are required to 
 admit to examination, and the inspector to examine for a certifi- 
 cate of proficiency, any child over twelve years, or if the child is 
 to be employed in agriculture under any bye-law made under 
 sec. i of the Elementary Education (School Attendance) Act 
 (1893) Amendment Act, 1899, over eleven years of age, whether 
 a scholar in the school or not, if the child's parent or guardian or 
 the local authority apply for the child to be examined for such a 
 certificate ; but the inspector is at liberty to refuse to examine 
 any child for whose examination due provision is made elsewhere, 
 or any child who has not been instructed for at least six months 
 in the standard in which he is presented, or who has failed in 
 that standard at an examination held in the previous three 
 months. (2) 
 
 (1) The Board of Education state with reference to this article : It has 
 been contended that a child can be said to have reached a standard for the 
 purposes of the bye-laws without having individually passed in the subjects of 
 that or a higher standard ; as for instance in the case of his promotion 
 into a higher standard after a sample examination of the class to which he 
 belonged. They are advised that this interpretation of the law is erroneous, 
 and they wish to remove all doubt upon the question by making the regulations 
 explicit. They desire at the same time to point out that in order to satisfy the 
 bye-laws a child must not only have reached the prescribed standard, but must 
 have received a certificate from one of His Majesty's inspectors that it has 
 reached the standard. 
 
 (2) This rule has been altered with a view to the provision of further 
 facilities for the examination of children for whom certificates of proficiency 
 are desired. It is now expressly provided that the local authority as well as
 
 550 CERTIFICATES OF AGE, PROFICIENCY, ETC. 
 
 6. The inspector may, in concert with the local authority, hold 
 such special examinations as he may think necessary of children 
 over eleven years of age, whom their parents or guardians or the 
 local authority wish to be examined for certificates of proficiency. 
 
 7. The inspector does not grant certificates to individual 
 children, but after every examination held as above he sends to 
 the managers of the school, or in the case of a special examination 
 to the local authority, a schedule containing the names of the 
 children who have passed in all the three elementary subjects in 
 any standard, with a certificate that such children have reached 
 the standards entered opposite to their names. 
 
 8. If the local authority do not make arrangements to obtain 
 from the managers a copy of so much of this schedule as they 
 require, they may accept a certificate under the hand of the 
 principal teacher of any certified efficient school as evidence that 
 any scholar in such school has been certified by one of His 
 Majesty's inspectors to have reached a particular standard. 
 The principal teacher shall give such certificate, free of charge, 
 in the form given in the second column of Certificate No. i in the 
 Third Schedule to this order, or, in the case of a child over thirteen 
 years of age, and employed under the provisions of the Elemen- 
 tary Education Act, 1876, in the form given in the Fifth Schedule 
 to this order. 
 
 Certificates of School Attendance. 
 
 9. Any local authority, parent, or other person interested in 
 the employment or education of a child over twelve and under 
 fourteen, may require the principal teacher for the time being of 
 any certified efficient school, which such child has attended, to 
 furnish a certificate specifying the number of school attendances 
 made by the child in the school during each year, for which the 
 school registers are preserved. 
 
 10. The teacher shall give such certificate in the form annexed 
 to this order (Schedule VI.), in the first case free of charge, and 
 for a fee not exceeding \d. for each year's attendances in the 
 case of the second or any subsequent certificate, that may be 
 demanded in respect of such child. 
 
 1 1 . The school registers of every certified efficient school shall 
 be carefully preserved by the managers. If a school is dis- 
 continued, the registers are to be handed over to the local 
 authority of the district 
 
 the parent or guardian may apply to the inspector for the examination of 
 children. On receiving such an application the inspector may either examine 
 the children at a particular school, or may arrange for their special examina- 
 tion at some convenient centre. It is intended that in every district all 
 children whose attainments are sufficient to justify their examination in the 
 standards qualifying for total or partial exemption from school attendance, 
 should have an opportunity at least once a year, and oftener if necessary, of 
 attending such an examination within a reasonable distance from their homes.
 
 REGULATIONS OF BOARD OF EDUCATION. 551 
 
 Labour Certificates. 
 
 1 2. Any parent or other person interested in the employment 
 or education of any child may apply to the local authority of the 
 district in which the child resides for a labour certificate. The 
 applicant must present to the local authority the evidence of age 
 prescribed above ; he must further present either the certificate of 
 proficiency, or that of school attendance prescribed above, and 
 the local authority, if they are satisfied that the child is qualified 
 for total or partial exemption from school attendance under the 
 bye-laws of the district, or for employment in agriculture under 
 any bye-law made in that behalf, or for employment under the 
 First Schedule to the Elementary Education Act, 1876, shall furnish 
 the certificate asked for in one of the forms given in the Third 
 Schedule to this order. 
 
 General. 
 
 13. No certificate purporting to be granted under these regula- 
 tions will be recognized unless given in one of the printed forms 
 annexed to this order. All these forms shall be kept by every 
 local authority, from whom they are to be obtained free of 
 charge, except in the cases where any fee is specially allowed. 
 
 14. The forms may be procured from the Board of Education 
 by the local authority, who shall supply such number of copies as 
 may be necessary to any local committee appointed by them, or 
 to the managers of any certified efficient school in their 
 district. 
 
 15. In these regulations 
 
 (a) The term " local authority " means a school board, or a 
 school attendance committee (Elementary Education 
 Act, 1876, sees. 7 and 33). 
 
 (V) The term " local committee " means a committee, 
 appointed by a school attendance committee, for 
 a parish or other area in the district of such local 
 authority (ibid., sec. 32). 
 
 (c) The term "certified efficient school" means a public 
 
 elementary school, and any elementary school which 
 is certified by the Board of Education to be an 
 efficient school, and any workhouse school certified 
 to be efficient by the Local Government Board (ibid., 
 sec. 48). 
 
 (d) The term " attendance " means the attendance of a child 
 
 at a morning or afternoon meeting of a school, during 
 not less than two hours of instruction in secular 
 subjects if in a school or class for elder children, or 
 one hour and a half if in a school or class for 
 infants. 
 (<?) The term " year " means the civil year.
 
 552 CERTIFICATES OF AGE, PROFICIENCY, ETC. 
 
 Workhouse Schools, 
 
 1 6. In the case of workhouse schools, certified to be efficient 
 by the Local Government Board, and in which registers of 
 attendance are duly kept, pursuant to a general order of the said 
 Board , 
 
 (1) The term "attendance" has the meaning prescribed by 
 the order of the Local Government Board dated 2yth of October, 
 1877. (i) 
 
 (2) Certificates of school attendance will be granted to the 
 scholars, by one of the principal teachers of the school, or by 
 the clerk, or other officer of the guardians deputed for the 
 purpose. 
 
 (3) Certificates of proficiency will be granted, after examina- 
 tion, by one of the school inspectors of the Local Government 
 Board, and not by His Majesty's inspectors. 
 
 Given under the Seal of Office of the Board of Education 
 this Twenty-first day of March, in the year One 
 thousand nine hundred and one. 
 
 (L.S.) G. W. KEKEWICH, 
 
 Secretary. 
 
 (i) For the order of the Local Government Board of 27th October, 1877, 
 see p. 592.
 
 REGULATIONS OF BOARD OF EDUCATION. 553 
 
 SCHEDULE I. 
 
 Requisition to Registrars for Certificates of Birth. 
 For the prescribed form of requisition, see p. 581. 
 
 SCHEDULE II. 
 
 Statutory Declaration by Parent, 44 6 45 Viet., c. 41, sec. 68. 
 
 I hereby solemnly declare that was 
 
 born on the day of A.D. 
 
 And I make the above declaration conscientiously believing 
 the same to be true, and by virtue of the Statutory Declarations 
 Act, 1835. 
 
 Declared before me at , in 
 
 the (i) of 
 
 Justice of the Peace for the (i) 
 of . 
 
 (i) County or borough. 
 
 2 O
 
 554 CERTIFICATES OF AGE, PROFICIENCY, ETC. 
 
 SCHEDULE III. 
 School District of 
 
 Labour Certificate > No. i. 
 
 AGE AND EMPLOYMENT. PROFICIENCY. 
 
 I certify that A.B., residing 
 at , was on the day 
 
 of , 19 , not less than 
 
 12 years of age, having been 
 born on the day of , 
 
 i , as appears by the regis- 
 trar's certificate \cr the statutory 
 declaratioii\ now produced to 
 me (i), and has been shown to 
 the satisfaction of the local 
 authority for this district to be 
 beneficially employed. 
 
 (Signed) , 
 
 (2) Clerk to the (3) 
 
 for the above district. 
 
 I certify that A.B., residing 
 at , has received a cer- 
 
 tificate from , one of 
 
 His Majesty's inspectors of 
 schools, that he (or she) has (4) 
 reached the Standard. 
 
 (Signed) 
 
 Principal Teacher of the 
 School. 
 
 or (2) Clerk to the (3) 
 
 for the above district. 
 
 (1) Strike out what follows if the child is qualified for full-time employ- 
 ment. 
 
 (2) Or other officer. 
 
 (3) School board or school attendance committee. 
 
 (4) To reach a standard a child must be individually examined in reading, 
 writing, and arithmetic in that or a higher standard, and must pass in each of 
 those subjects. 
 
 [As to the " Registrar's certificate," see Art. I, ante.~\
 
 REGULATIONS OF BOARD OF EDUCATION. 
 
 555 
 
 School District of_ 
 
 Labour Certificate, No. i (a) ( for total exemption after 1 3 years 
 
 of age). 
 
 AGE AND EMPLOYMENT. 
 
 I certify that A.B., residing 
 at , was on the day 
 
 of , 19 , not less than 
 
 13 years of age, having been 
 born on the day of , 
 
 i , as appears by the regis- 
 trar's certificate \pr the statutory 
 declaration] now produced to 
 me, and has been shown to 
 the satisfaction of the local 
 authority for this district to be 
 beneficially employed. 
 
 (Signed) , 
 
 (i) Clerk to the (2) 
 
 for the above district. 
 
 PREVIOUS ATTENDANCE. 
 
 I certify that A.JB., residing 
 at , has made 350 at- 
 
 tendances in not more than two 
 schools during each year for 
 five preceding years, whether 
 consecutive or not, as shown by 
 the (3) certificate furnished by 
 the principal teacher of the (4) 
 School. 
 
 (Signed) 
 
 (i) Clerk to the (2) 
 
 for the above district. 
 
 (1) Or other officer. 
 
 (2) School board or school attendance committee. 
 
 (3) For this certificate, see Schedule VI. 
 
 (4) Here name school or schools in which the attendances have been made. 
 
 N.B. In districts where the bye-laws extend to the age of 14, this certifi- 
 cate can only be granted if the bye-laws permit full-time exemption on an 
 attendance qualification. 
 
 [As to " Registrar's certificate," see Art. i, ante.'}
 
 556 CERTIFICATES OF AGE, PROFICIENCY, ETC. 
 
 School District of_ 
 
 Labour Certificate, No. 2 (for partial exemption only). 
 
 AGE AND EMPLOYMENT. 
 
 I certify that A.B., residing 
 at , was on the day 
 
 of , 19 , not less than 
 
 12 years of age, having been 
 born on the day of , 
 
 i , as appears by the regis- 
 trar's certificate [or the statutory 
 declaration} now produced to 
 me, and has been shown to 
 the satisfaction of the local 
 authority for this district to be 
 beneficially employed. 
 
 (Signed) , 
 
 (i) Clerk to the (2) 
 
 for the above district. 
 
 PREVIOUS ATTENDANCE. 
 
 I certify that A.B., residing 
 at , has made 300 at- 
 
 tendances in not more than two 
 schools during each year for 
 five preceding years, whether 
 consecutive or not, as shown by 
 the (3) certificate furnished by 
 the principal teacher of the (4) 
 School. 
 
 (Signed) 
 
 (i) Clerk to the (2) 
 
 for the above district. 
 
 (1) Or other officer. 
 
 (2) School board or school attendance committee. 
 
 (3) For this certificate, see Schedule VI. 
 
 (4) Here name school or schools in which the attendances have been made. 
 [As to "Registrar's certificate," see Art. I, ante.]
 
 REGULATIONS OF BOARD OF EDUCATION. 
 
 557 
 
 School District oL 
 
 Labotir Certificate, No. 3 (Agriculture). 
 
 AGE AND EMPLOYMENT. PROFICIENCY. 
 
 I certify that A.., residing 
 at , was on the day 
 
 of , 19 , not less than 
 
 ii years of age, having been 
 born on the day of , 
 
 i , as appears by the regis- 
 trar's certificate \pr the statutory 
 declaration^ now produced to 
 me, and that notice has been 
 given to the local authority for 
 this district that he is to be 
 employed in agriculture. 
 
 (Signed) 
 
 (i) Clerk to the (2) 
 
 for the above district. 
 
 I certify that A.B., residing 
 at , has received a cer- 
 
 tificate from , one of 
 
 His Majesty's inspectors of 
 schools, that he (or she) has (3) 
 passed the Standard, being 
 
 that prescribed by the bye-laws 
 for partial exemption. 
 
 (Signed} , 
 
 Principal Teacher of the 
 School. 
 
 or (i) Clerk to the (2) 
 
 for the above district. 
 
 (1) Or other officer. 
 
 (2) School board or school attendance committee. 
 
 (3) To pass a standard a child must be individually examined in reading, 
 writing, and arithmetic in that or a higher standard, and must pass in each of 
 those subjects. 
 
 N.B. This certificate can only be given in school districts where a special 
 "agricultural" bye-law is in force. 
 
 [As to "Registrar's certificate," see Art. I, ante.']
 
 558 CERTIFICATES OF AGE, PROFICIENCY, ETC. 
 
 SCHEDULE IV. 
 
 (The following certificate applies only to cases of children over 
 13 years of age.) 
 
 Certificate of Age for the purpose of Employment under sec. 5 of 
 the Elementary Education Act, 1876. 
 
 I certify that A.B., residing at , 
 
 was on the day of , 19 , not less than 13 
 
 years of age, having been born on the day of , 
 
 i , as appears by the registrar's certificate [or the stattttory 
 declaration} now produced to me. 
 
 (Signed) 
 
 Clerk to the (i) 
 
 of_ 
 
 (i) School board or school attendance committee. 
 [As to " Registrar's certificate," see Art. I, ante.} 
 
 SCHEDULE V. 
 
 (The following certificate applies only to cases of children over 
 13 years of age.) 
 
 Certificate of Proficiency for the purpose of Employment wider sec. 5 
 of the Elementary Education Act, 1876. 
 
 I hereby certify that A.B., residing at , 
 
 has received a certificate from , one of 
 
 His Majesty's inspectors of schools, that he (or she) has reached 
 (i) the standard of reading, writing, and elementary arithmetic 
 fixed by Standard IV. of the Code of 1876. 
 
 (Signed) 
 
 Principal Teacher of the 
 
 School, 
 
 or Clerk to the (2). 
 of 
 
 (1) To reach a standard a child must be individually examined in reading, 
 writing, and arithmetic in that or a higher standard, and must pass in each of 
 those subjects. 
 
 (2) School board or school attendance committee.
 
 REGULATIONS OF BOARD OF EDUCATION. 559 
 
 SCHEDULE VI. 
 
 Certificate of School Attendance for the purpose of Employment under 
 sec. 5 of the Elementary Education Act, 1876, or for total or 
 partial Exemption under the Bye-laws. 
 
 (i) School. 
 
 I hereby certify that the following particulars with respect to 
 the attendances made by the child named below, at this school 
 after attaining the age of 5 years, are correctly taken from the 
 registers of the school. 
 
 Name in full, and Residence of Child. 
 
 Number of Attendances made within the 12 
 months ending the 3ist December. 
 
 
 I 
 
 
 
 I 
 
 
 
 I 
 
 
 
 I 
 
 
 
 I 
 
 
 Signed this 
 
 day of 
 
 Principal Teacher of the above-named School. 
 
 (l) Enter name in full, and state whether a public elementary or certified 
 efficient school.
 
 A 
 
 SCHOOLS FOR BLIND OR DEAF CHILDREN. 
 
 RULES OF BOARD OF EDUCATION AS TO 
 BUILDINGS, (i) 
 
 SCHOOLS for the blind and the deaf should not be held in the 
 same building. 
 
 The following rules should be read in connection with the 
 general rules laid down in Schedule VII. of the Day School Code 
 as to drainage, warming, and ventilation. 
 
 Recreation Grounds. Where no field or other larger space has 
 been secured, the superficial area of the site should be not less than 
 30 square feet per child. The recreation grounds for girls and 
 boys should be separate. There should be a covered gymnasium, 
 or large shed open on one side, provided with ample top light, 
 which, under supervision, may be used by boys and girls 
 together. 
 
 School-rooms. The area should be not less than 20 square feet 
 per child, and the cubic contents not less than 240 cubic feet. 
 The position should be on the ground floor, near the playground. 
 Where boys and girls are taught in one room, the exits should be 
 separate. 
 
 The light should be such as to suit the mode of teaching 
 employed. 
 
 The children should, as a rule, be arranged in a semicircle 
 round the teacher, and provided with top light in order to enable 
 the teacher to see, in the case of the blind, every change of facial 
 expression, and, in order that, in the case of the deaf, the teacher 
 and scholars may observe closely the action of the lips. 
 
 Where the children are not arranged in a semicircle, the light 
 should be ample from both sides of the room. 
 
 Day-rooms. These should be of at least the same size as the 
 school-rooms. 
 
 Dining-rooms. These should be of sufficient size to seat each 
 child comfortably, with space for the passage of waiters. There 
 should be a minimum of 6 square feet per child. 
 
 Dormitories. The minimum width should be 18 feet, the 
 minimum area should be 36 square feet per child, and the 
 
 (l) The Board of Education state that the rules which have been drawn up 
 for schools for blind or deaf children are useful as a general-guide to the proper 
 conditions of the life of the children, but are not imperative, except in the case 
 of buildings to be erected in future.
 
 RULES OF BOARD OF EDUCATION. 561 
 
 minimum cubic capacity 360 cubic feet per child. A separate bed 
 must be provided for each child, with sufficient space between the 
 beds. 
 
 A dormitory should be supervised by means of a window in the 
 bedroom of the officer in charge. In houses, or homes, having 
 small bedrooms, the officer's bedroom should be closely adjoining 
 on the same floor, and the doors of the bedrooms left wide open 
 at night. 
 
 No boys over nine years of age should be lodged with girls, 
 unless in a distinct wing approached by a separate staircase. 
 
 Boys under nine years of age may be lodged with girls, but must 
 have separate sleeping rooms. 
 
 Each teacher should also have a separate room. 
 
 Sick-rooms. These should be separate for each sex, and should 
 consist of two rooms in each case viz., one for the patients and 
 the other for the nurse. 
 
 A detached building is also necessary for infectious cases, 
 except in the neighbourhood of a hospital to which cases can be 
 readily conveyed. 
 
 Baths. These should be supplied with hot and cold water, and 
 should be sufficient to enable each child to obtain a bath at least 
 once a week in winter and twice a week in summer. There must 
 be a separate towel for each child. Lavatory basins should be 
 sufficient to enable each child to wash the hands, face, and upper 
 portion of the body morning and evening. No two children may 
 wash at once at the same basin. 
 
 Latrines. For day. The provision of closets should be 10 per 
 cent, on the number of boys, together with a urinal ; and 15 per 
 cent- on the number of girls. 
 
 For night. One or two closets should be provided adjoining 
 the dormitories, but disconnected therefrom by a lobby having a 
 current of air by windows on two sides. 
 
 Staircases and Corridors. These must be fireproof. 
 
 Fire Escapes. Where only one staircase exists, or where the 
 dormitories are at some distance from the staircases, fire escapes 
 should be provided.
 
 ( 562 ) 
 
 BOARDING-OUT BLIND AND DEAF CHILDREN. 
 REGULATIONS OF EDUCATION DEPARTMENT. 
 
 [Dated 22nd April, 1895.] 
 
 (Elementary Education (Blind and Deaf Children) Act, 1893, 
 sec. 2 (i).) 
 
 AT THE COUNCIL CHAMBER, WHITEHALL, THE 22ND DAY OF 
 APRIL, 1895, BY THE LORDS OF THE COMMITTEE OF HER 
 MAJESTY'S MOST HONOURABLE PRIVY COUNCIL ON EDUCATION. 
 
 THE Lords of the Committee of Privy Council on Education, by 
 virtue and in pursuance of the powers in them vested under the 
 Elementary Education (Blind and Deaf Children) Act, 1893, and 
 of every other power enabling them in this behalf, do order, 
 and it is hereby ordered, that the following regulations be 
 observed : 
 
 1. A school authority may, subject to the provisions of these 
 regulations, board out blind or deaf children resident in their dis- 
 trict in homes conveniently near to a school for the time being 
 certified by the Education Department as suitable for providing 
 elementary education for such children respectively, under 
 arrangements approved by the Education Department with a 
 boarding-out committee, constituted as hereinafter mentioned. 
 
 2. A boarding-out committee shall consist of three or more 
 persons, to be approved by the Education Department, who shall 
 have signed an engagement in the form annexed to this order 
 (Schedule I.). 
 
 3. Any person deriving any pecuniary or other personal profit 
 from the boarding-out of any child shall be thereby disqualified 
 from becoming or continuing to be a member of any such board- 
 ing-out committee. 
 
 4. The boarding-out committee shall from time to time appoint 
 one of their members to act as secretary ; and it shall be the duty 
 of the secretary punctually to inform the Education Department 
 of any vacancies which may be caused by death, resignation, or 
 otherwise, amongst the members of the committee, and to submit 
 the names of the persons proposed to fill the vacancies. 
 
 5. A child may be withdrawn from a home by its parent or by 
 the school authority of the district from which the child is sent, 
 notice of the intention to do so being given at least one week 
 beforehand to the boarding-out committee ; and the foster-parent
 
 REGULATIONS OF EDUCATION DEPARTMENT. 563 
 
 shall, upon the demand of a person duly authorized in writing by 
 the boarding-out committee, or by the school authority, or by the 
 parent, deliver up the child to such person. 
 
 6. The regulations to be observed by the school authority with 
 respect to such boarding-out of deaf or blind children shall be as 
 follows : 
 
 (i.) There shall not be more than two blind or two deaf 
 children resident in the same home at the same time, whether 
 boarded-out or not. 
 
 (2.) No blind child shall be boarded-out in a home where there 
 is a deaf child, nor a deaf child where there is a blind child. 
 
 (3.) No child shall be boarded-out in a home in which, at the 
 time when the child would first be placed in it, there would be 
 with such child more than four children resident, or in which any 
 pauper child is boarded-out by the guardians. 
 
 (4.) No child shall be boarded-out with any person who is at 
 the time, or who has been within 12 months preceding, in receipt 
 of relief; and if the foster-parent shall at any time become in 
 receipt of relief, any child boarded-out with him shall be withdrawn 
 from him. 
 
 (5.) The school authority shall, if possible, arrange for the 
 boarding-out being with a person belonging to the religious 
 persuasion of the child's parent (sec. 8 (3) of the Act). 
 
 (6.) No child shall be boarded-out without a certificate, in the 
 form annexed to this order (Schedule II.), signed by a duly 
 qualified medical practitioner, stating the particulars of the child's 
 health, such certificate to be forwarded by the school authority to 
 the boarding-out committee. 
 
 (7.) Before receiving any child to be boarded-out with him, the 
 foster-parent shall sign an undertaking in duplicate, which shall, 
 in addition to any other matter which may be agreed upon, 
 contain an engagement on the part of the foster-parent, that, in 
 consideration of a certain sum per week, he will bring up the 
 child as one of his own children, and provide the child with 
 proper food, lodging, and washing, and endeavour to train the 
 child in habits of truthfulness, obedience, personal cleanliness, 
 and industry, as well as in such special industry or occupations as 
 may be prescribed by the managers of the certified school which 
 the child attends ; that he will take care that the child shall attend 
 duly at church or chapel according to the religious denomination 
 to which the child belongs, and shall attend the particular 
 certified school directed by the school authority according to the 
 provisions of the law for the time being, and will make such 
 provision as may be necessary for the escort of the child to and 
 from church or chapel and school ; that he will provide for the 
 proper repair and renewal of the child's clothing, and that, in case 
 of the child's illness, he will forthwith report such illness to the 
 school authority, to the child's parent, and to the boarding-out
 
 564 BOARDING-OUT BLIND AND DEAF CHILDREN. 
 
 committee; and that he will at all reasonable times permit 
 the child to be visited by his parent, and will at all times permit the 
 child to be visited and the house to be inspected by any member 
 of the boarding-out committee, and by any person specially 
 appointed for that purpose by the school authority or by the 
 Education Department. The undertaking shall also contain an 
 engagement on the part of the foster-parent that he will, upon the 
 demand of the child's parent, or of a person duly authorized in 
 writing by him or by the boarding-out committee, or by the 
 school authority, give up possession of the child. 
 
 Such undertaking shall be made in triplicate according to the 
 form annexed to this order (Schedule III.). One copy of it 
 shall be kept by the foster-parent, another by the school authority, 
 and another by the child's parent. 
 
 (8.) On the delivery of the child to the foster-parent, an acknow- 
 ledgment shall be given in the form hereinafter prescribed 
 (Schedule IV.), or to the like effect. 
 
 (9.) In no case shall the sum to be paid to the foster-parent for 
 the maintenance of a child, inclusive of lodging, but exclusive of 
 clothing, school-fees, fees for medical attendance, medicines, and 
 extras ordered by a medical attendant, be less than six or more 
 than ten shillings per week. 
 
 (10.) Unless arrangements can be made for transit by some 
 public conveyance, no child shall be boarded-out in a home 
 distant more than one mile from the certified school which the 
 child attends. 
 
 (n.) The managers of the certified school shall undertake to 
 receive the child and to send to the school authority at least once 
 a quarter a written report upon the child, in the form annexed to 
 this order (Schedule V.). 
 
 (12.) No child shall be boarded-out in any home which is 
 distant more than five miles by the nearest road of access from 
 the residence of some member of the boarding-out committee. 
 
 7. Every boarded-out child shall be visited not less often than 
 once in every month by a member of the boarding-out committee 
 at the home of the foster-parent, and the visitor shall thereupon 
 make a report in writing to the committee, mentioning the 
 apparent bodily condition and the behaviour of such child, and the 
 state of the home, and all reasonable complaints made by the child 
 or the foster-parent. 
 
 These reports shall be forwarded by the boarding-out committee 
 to the school authority and, to the child's parent not less often 
 than quarterly. 
 
 If in the case of any boarded-out child no such report shall be 
 received by the school authority or the parent for the space of 
 four consecutive months, the school authority shall in default of 
 satisfactory explanation withdraw the child from the home with 
 all reasonable expedition,
 
 REGULATIONS OF EDUCATION DEPARTMENT. 565 
 
 8. (i.) The clerk to the school authority shall, as soon as 
 practicable after the first day of April and the first day of October 
 in every year, make a return to the Education Department, in 
 the form annexed to this order (Schedule VI.), of the several 
 children remaining so boarded-out on those dates respectively. 
 Separate returns shall be made for blind and deaf children 
 respectively. 
 
 (2.) The secretary to the boarding-out committee shall make a 
 return to the Education Department as soon as practicable after 
 the first day of January and the first day of July in every year of 
 the several children remaining boarded-out under the supervision 
 of the committee on those days respectively under these regulations. 
 Such return shall be made according to the prescribed form, 
 Schedule VII. of this order, and shall be made separately for 
 blind and deaf children respectively. 
 
 9. If the Education Department shall withdraw from any 
 boarding-out committee the authority to enter into arrangements 
 with school authorities, the school authorities who have made 
 arrangements with the said committee for the boarding-out of 
 children shall, on receiving notice of such withdrawal, provide 
 with all reasonable expedition for the return of all children 
 boarded-out in homes found by such committee to their own 
 homes or for their transfer to homes found by another boarding- 
 out committee. Provided that it shall not be necessary for the 
 school authority to take back such children if the Education 
 Department declare that the withdrawal of authority from the 
 committee shall not apply to children already boarded-out under 
 their superintendence. 
 
 ro. Where the arrangements made by a school authority with 
 any boarding-out committee under these regulations include the 
 payment of any sums by such committee on behalf of the school 
 authority, the school authority may, if they think fit, advance to 
 the boarding-out committee quarterly a sum not exceeding three- 
 fourths of the expenditure which, in pursuance of such arrange- 
 ments, may reasonably be expected to be incurred by such 
 committee during the ensuing quarter. 
 11. In this order 
 
 The term " foster-parent " means the persons or person with 
 whom any child is boarded-out under the provisions of this 
 order. 
 
 Other expressions have, unless the contrary intention appears, 
 the same meaning as in the Elementary Education (Blind 
 and Deaf Children) Act, 1893. 
 
 All words importing the masculine gender shall be deemed 
 and taken to include females, and the singular to include 
 the plural, and the plural the singular, unless the contrary 
 as to gender or number is expressly provided. 
 
 G, W, KEKEWICH, 
 
 Secretary.
 
 565 BOARDING-OUT BLIND AND DEAF CHILDREN. 
 
 SCHEDULE I. 
 
 Engagement to observe Regulations. 
 
 [We, the undersigned, being desirous of being constituted a 
 boarding-out committee] (i) for the purpose of finding and super- 
 intending homes for blind and deaf (2) children, do hereby, in the 
 event of our obtaining the requisite authority of the Education De- 
 partment to act as a boarding-out committee, engage truly and 
 faithfully to observe the regulations of the Education Department 
 dated the day of , 189 , or which may from 
 
 time to time be prescribed by the Education Department with 
 respect to the boarding-out of blind or deaf children. 
 
 And We \pr I] do also hereby undertake to furnish to the 
 Education Department, or to any of Her Majesty's inspectors of 
 schools all such reasonable information respecting children who 
 may be boarded-out under the superintendence of the committee 
 as the said Department or inspectors may from time to time 
 require. 
 
 We desire to be known as the (3) boarding-out 
 
 committee. 
 
 Signatures in full. Addresses. 
 
 Dated this day of , 18 . 
 
 SCHEDULE II. 
 
 Medical Certificate. 
 
 (School Authority). 
 
 I, the undersigned, having this day personally examined C.D., 
 aged years, residing at , hereby 
 
 certify that he is not suffering from any contagious or infectious 
 
 (1) In the case of a proposed 'addition to the committee, substitute for the 
 words in [ ] the following : " I, the undersigned, being desirous of becoming 
 a member of the boarding-out committee formed," and also omit the words 
 in italics. 
 
 (2) If the committee is concerned with blind children only, strike out " and 
 deaf;" if with deaf children only, strike out "blind and." 
 
 (3) Insert name of place or district.
 
 REGULATIONS OF EDUCATION DEPARTMENT. 567 
 
 disease, and that h bodily health is good [with the exception 
 that (i) ]. 
 
 (Signed) 
 
 Medical Qualifications 
 
 Address . 
 
 Dated this day of , 18 
 
 SCHEDULE III. 
 
 Undertaking of Foster-Parent. 
 
 BOARDING-OUT of DEAF or BLIND CHILD. 
 
 School authority. 
 
 Boarding-out committee. 
 
 Name of child's parent. 
 
 Name of child. 
 
 .Whether blind or deaf. 
 
 .Religious denomination of child's parent. 
 
 _Name of foster-parent. 
 
 -Certified school which the child is to attend. 
 
 I, A.J?., of , do hereby engage with the 
 
 above-named school authority, in consideration of my receiving 
 the sum of per week, to bring up C.D., aged 
 
 years on the day of last, as one of my own 
 
 children, and to provide him with proper food, lodging, and 
 washing, and to endeavour to train him in habits of truthfulness, 
 obedience, personal cleanliness, and industry, as well as in such 
 special industry or occupation as may be prescribed by the 
 managers of the above-named certified school ; to take care that 
 the child shall attend duly at church [or chapel (2)], and shall 
 attend the above-named certified school according to the pro- 
 visions of the law for the time being, and will make such provision 
 as may be necessary for the escort of the child to and from church 
 [or chapel] and school ; that I will provide for the proper repair 
 and renewal of the child's clothing, and that, in case of the child's 
 illness, I will forthwith report such illness to the school authority, 
 to the child's parent, and to the above-named boarding-out com- 
 mittee ; and that I will at all reasonable times permit the child to 
 
 (1) Here state the particulars of any exceptions. 
 
 (2) Insert "church," "chapel," or according to the religious denomination 
 to which the child's parent belongs.
 
 568 BOARDING-OUT BLIND AND DEAF CHILDREN. 
 
 be visited by his parent, and will at all times permit the child to 
 be visited and the house to be inspected by any member of the 
 boarding-out committee, and by any person specially appointed 
 for that purpose by the school authority or by the Education 
 Department. I do also hereby engage, upon the demand of the 
 child's parent, or of a person duly authorized in writing by him, 
 or by the boarding-out committee, or by the school authority, to 
 give up possession of the child. 
 
 (i) 
 
 Dated this day of , 18 . 
 
 Signature in full of 
 
 foster-parent. 
 
 Address of foster- 
 parent. 
 
 Witness to the signature of 
 
 the foster-parent. 
 
 Address of witness. 
 
 N.B. I. Communications to the school authority to be addressed 
 
 2. Communications to the boarding-out committee to be addressed 
 
 3. Communications to the child's parent to be addressed 
 
 SCHEDULE IV. 
 
 Acknowledgment of Foster-Parent. 
 
 School Authority. 
 
 I, A.B., of , hereby acknowledge that I have 
 
 this day received C.D., aged years, from the above-named 
 
 school authority, on the terms and conditions contained in the 
 annexed undertaking ; and that I have also received for the use of 
 the said C.D. the articles of clothing set out in the list appended 
 hereto. 
 
 Dated this day of , 18 . 
 
 (Signed) 
 
 Address . 
 
 ( Witness) 
 
 .Address of witness. 
 
 (i) Any other matter which may be agreed upon may here be added.
 
 REGULATIONS OF EDUCATION DEPARTMENT. 569 
 LIST OF CLOTHING. 
 
 (Here set out the articles in detail.} 
 
 \ 
 
 SCHEDULE V. 
 
 School Manager? Report on Child. 
 . Certified School, Report for the Quarter ending___ 
 
 [The columns prescribed are as follows : i. Name of child; 
 2. age; 3. whether blind or deaf; 4. name and address of foster- 
 parent ; 5. days absent from school during the quarter ; 
 6. alleged causes of absence ; 7. observations as to appearance, 
 conduct, and progress of child ; 8. books and stationery and other 
 apparatus supplied during the quarter ; 9. school fees and cost of 
 books and stationery and apparatus. 
 
 The signature, date, and address are to be added.] 
 
 N.B. This report may be arranged in any other manner which may be 
 deemed more convenient, provided that all the particulars above mentioned be 
 included in it. 
 
 SCHEDULE VI. 
 
 School Authority's Return to Education Department. 
 School Authority. 
 
 Return of the (i) . _ Children boarded-out in Homes on the 
 
 \st day of April [or October], 18 . 
 
 [The columns prescribed in this form are as follows : i. Name 
 of child ; 2. age; 3. name of foster-parent ; 4. address of foster- 
 parent ; 5. boarding-out committee under whose superintendence 
 the child is boarded-out ; 6. date of first boarding-out ; 7. date 
 of boarding-out with present foster-parent if there has been a 
 change ; 8. name of certified school attended. 
 
 The return is to be signed by the clerk to the school authority 
 and the date is to be added.] 
 
 (i) State whether blind or deaf. 
 
 2 P
 
 570 BOARDING-OUT BLIND AND DEAF CHILDREN. 
 
 SCHEDULE VII. 
 
 Boarding-out Committees Retiirn to Education Department. 
 
 RETURN of the (i) CHILDREN BOARDED-OUT under 
 
 the supervision of the BOARDING-OUT 
 
 COMMITTEE on the ist day of January \pr July], 18 , with 
 the names and addresses of the foster-parents. 
 
 [The columns prescribed are as follows: i. name of child; 
 2. age; 3. nanfe and address of foster-parent; 4. name of certified 
 school attended. 
 
 The return is to be signed by the secretary of the boarding-out 
 committee, and the address and date are to be added.] 
 
 (i) State whether blind or deaf.
 
 DEFECTIVE AND EPILEPTIC CHILDREN. 
 
 MINUTE OF THE COMMITTEE OF COUNCIL ON EDUCATION, 
 DATED 26TH FEBRUARY, 1900, PROVIDING FOR GRANTS ON 
 ACCOUNT OF THE EDUCATION OF DEFECTIVE AND EPILEPTIC 
 CHILDREN AND PRESCRIBING CONDITIONS TO BE FULFILLED 
 BY CERTIFIED SCHOOLS FOR SUCH CHILDREN. 
 
 AT THE COUNCIL CHAMBER, WHITEHALL, 
 The 26th day of February, 1900. 
 
 BY THE LORDS OF HER MAJESTY'S MOST HONOURABLE PRIVY 
 COUNCIL ON EDUCATION. 
 
 THEIR lordships having had under consideration the Elementary 
 Education (Defective and Epileptic Children) Act, 1899, read and 
 approved the following minute : 
 
 I. DAY SCHOOLS AND CLASSES. 
 
 Day schools or classes for defective children are public 
 elementary schools or classes attached to public elementary schools 
 differing only from ordinary public elementary schools in the 
 special conditions hereinafter required and the special grants 
 made for them. In other respects they are subject to the ordinary 
 requirements of the Day School Code. Schools or classes for 
 defective children are called " special " schools or classes. 
 
 Her Majesty's inspector will inspect special schools and classes 
 in the ordinary course. He will pay his visits without notice, and 
 will satisfy himself that all the conditions of the grant are fulfilled. 
 In no case will he hold a formal examination. The department 
 reserves the power to inspect schools or classes by means of any 
 officers whom it may appoint for the purpose. 
 
 The following conditions must be fulfilled by schools or classes 
 that are certified as special schools or classes : 
 
 (i.) The premises must be approved by the department. 
 In the case of new premises 
 
 (a) 20 square feet of floor space per child in average attend- 
 ance must be provided in the class-rooms. 
 ($) All playgrounds, offices, lavatories, entrances, and passages 
 must be so constructed as to admit of easy supervision 
 by the teacher of the special class, and must, as a rule,
 
 572 SCHOOLS FOR DEFECTIVE AND EPILEPTIC CHILDREN. 
 
 be kept for the sole use of the children attending the 
 special class. 
 (c) All rooms must, as a rule, be constructed on the ground 
 
 floor. 
 
 (rf) Where the premises are intended for the use of more 
 than one class, they must, as a rule, include a wide and 
 well-lighted corridor, which can be used for drill and 
 assembling. 
 
 (e) Each child must, as a rule, be provided with a single desk 
 of suitable size, and sloped at an angle of from 10 to 15 
 degrees. 
 
 The approval of premises, which have already been approved 
 as suitable for special schools or classes, will be continued pro- 
 vided that conditions (a) and (b) be satisfied. 
 
 (2.) No children may be admitted, except those who have been 
 ascertained to be defective within the meaning of the Elementary 
 Education (Defective and Epileptic Children) Act, 1899, under 
 arrangements approved by the Education Department. No child 
 may be admitted at less than seven years of age, or retained after 
 reaching the age of sixteen. 
 
 (3.) Proper records must be made at the time of admission and 
 afterwards 
 
 (a) As to the child's capacity, habits, attainments, and 
 
 health ; 
 
 (b) As to the family history of the child ; 
 
 (c) As to the progress of the child in the special school or 
 
 class. 
 
 (4.) The children must, from time to time, be inspected by a 
 medical officer appointed for the purpose by the school authority, 
 and records of such inspections must be kept. Provision must be 
 made for the examination, from time to time, of every child, in 
 order to ascertain whether he has attained such a mental and 
 physical condition as to be fit to attend an ordinary class in a 
 public elementary school, and the school authority shall make 
 provision for such examination in the case of any child whose 
 parent claims such examination of his child, provided that the 
 parent shall not make such claim within less than six months after 
 his child has been examined. The decision of the Education 
 Department is final as to whether a child may be retained in a 
 special school or class as defective. 
 
 (5.) Every special school or class must have managers specially 
 appointed, who will undertake to visit the school or class from 
 time to time during school hours. 
 
 (6.) The children must not for any lessons be mixed with the 
 children of the ordinary public elementary schools. 
 
 (7.) Each class must have a separate teacher of its own. 
 
 (8.) The principal teacher must hold the certificate of the 
 Education Department or of the National Froebel Union. When
 
 RULES OF EDUCATION DEPARTMENT. 573 
 
 there are less than ten children on the roll the principal teacher 
 may be one qualified under Art. 50 of the Code. 
 
 As a rule, men will not be approved as teachers of special 
 schools or classes. 
 
 (9.) Subject to the continued recognition of the uncertificated 
 teachers at present employed, assistant teachers not certificated 
 will only be recognized in places where there is more than one 
 class, and where a certificated teacher is in charge as principal. 
 Such assistants should be persons qualified under Art. 50 of the 
 Code, or holders of a certificate from the National Froebel Union. 
 No one under the age of 2 1 will be recognized as a teacher in a 
 special class. 
 
 (10.) Her Majesty's Inspector must annually approve of all 
 the staff employed. The withholding of approval of a teacher 
 as a special teacher of defective children will in no way affect the 
 teacher's qualification for teaching in ordinary schools. 
 
 (u.) The number of children in average attendance may not 
 exceed 20 for each class, except that, if the number of classes at 
 a centre exceeds two, there may be an average attendance of 30 
 in each class after the first two. 
 
 (12.) Before any teacher is recognized as a principal teacher 
 she must have at least six months' experience in a special school 
 or class approved by the Department. 
 
 (13.) The hours during which a special school or class is open 
 must not exceed two and a half in the morning and two in the 
 afternoon. An interval of at least an hour and a half must be 
 interposed between the morning and the afternoon meeting of the 
 school or class. 
 
 The minimum time of attendance is attendance at secular 
 instruction for an hour and a half; time spent in recreation or 
 registration must not be included in the minimum period of an 
 hour and a half. 
 
 (14.) The time-table must provide for (a) instruction in the 
 elements of reading, writing, and arithmetic ; (b) singing and 
 recitation ; (c) object lessons ; (d) drawing ; (<?) needlework for 
 girls ; (/) physical exercises ; and (g) manual instruction. 
 
 (15.) As a rule, not less than six hours of manual instruction 
 must be given weekly to every child. For the purposes of 
 manual instruction the children must be classed as " younger 
 children " and " older children " respectively ; this classification 
 must not depend upon any fixed rule as to age, but must be so 
 made as to assign to each child that form of manual instruction 
 which is suitable to his skill and capacity. Forms of manual 
 instruction approved by the Department as suitable (a) for 
 younger children, (b} for older boys, (c) for older girls, are shown 
 on the list appended to this minute. In the case of girls, time 
 spent in needlework may, to the extent of two hours per week, 
 be counted as part of the minimum six hours of manual
 
 574 SCHOOLS FOR DEFECTIVE AND EPILEPTIC CHILDREN. 
 
 instruction. Other forms of manual instruction which the managers 
 consider suitable for either the younger or the older children may 
 be submitted to the Department for approval. With the approval 
 of the inspector, manual instruction may be given elsewhere than 
 on the premises of the special school or class, but in no case 
 may the children be taught together with children attending an 
 ordinary public elementary school. No class for the manual 
 instruction of older children may, as a rule, contain more than 
 ten children present at any one time. 
 
 (16.) Where the above conditions are satisfied, grants will be 
 paid annually at the following rates for each unit of average 
 attendance : 
 
 For instruction other than manual instruction, 50^. 
 
 For manual instruction of younger children, 30^. ; and older 
 
 children, 40^. 
 For each complete tenth of a unit of average attendance a 
 
 tenth of the above grants will be paid. 
 
 These grants are in lieu of the annual grant and the fee grant 
 payable to ordinary public elementary schools. 
 
 II. CERTIFIED SCHOOLS FOR BOARDING AND LODGING 
 DEFECTIVE CHILDREN. 
 
 The following conditions must be fulfilled by schools that are 
 certified for boarding and lodging defective children : 
 
 (i.) The schools must be exclusively confined to children 
 who are ascertained to be defective within the meaning of the 
 Elementary Education (Defective and Epileptic Children) Act, 
 1899 (sec. i). 
 
 (2.) No establishment established after the commencement of 
 the Elementary Education (Defective and Epileptic Children) 
 Act (gth August, 1899) can be certified for boarding and lodging 
 more than 15 defective children in one building, or comprising 
 more than four such buildings (sec. 2 (6)). 
 
 (3.) The premises must be approved by the Department. 
 
 The following rules should be observed in connexion with the 
 general rules laid down in Schedule VII. of the Day School 
 Code : (i) 
 
 (a) Recreation Grounds. The superficial area of the un- 
 
 covered ground should be not less than 30 square feet 
 per child. The recreation grounds for girls and boys 
 should be separate. There should be a covered 
 gymnasium, or large shed open on one side, provided 
 with ample top light and ventilation. Under super- 
 vision this may be used by boys and girls together. 
 
 (b) Schoolrooms. The area should be not less than 20 square 
 
 (i) As to rules for planning, &c., of public elementary schools, see p. 103.
 
 RULES OF EDUCATION DEPARTMENT. 5/5 
 
 feet per child, and the cubic contents should be not less 
 than 240 cubic feet. The position should be on the 
 ground floor, near the playground. The exits for the 
 sexes should be separate. Each desk should be for 
 one child only. 
 
 (c) Play-rooms. These should be of at least the same size as 
 
 the schoolrooms. 
 
 (d) Dining-rooms. These should be of sufficient size to seat 
 
 each child comfortably, with space for the passage of 
 waiters. The minimum area is 10 square feet per 
 child. 
 
 (e) Dormitories. The minimum width should be 18 feet, the 
 
 minimum area should be 50 square feet per child, and 
 the minimum cubic capacity 500 cubic feet per child. 
 A separate bed must be provided for each child, with 
 sufficient space between the beds. 
 
 A dormitory should be supervised by means of a 
 window in the bedroom of the officer in charge. 
 In houses, or homes, having small bedrooms, the 
 officer's bedroom should be closely adjoining on the 
 same floor, and the doors of the bedrooms left wide 
 open at night. 
 
 No boys over nine years of age should be lodged 
 with girls, unless in a distinct wing approached by a 
 separate staircase. 
 
 Boys under nine years of age may be housed in 
 the same buildings with girls, but must have separate 
 dormitories. 
 
 Each teacher should have a separate bedroom. 
 (/) Sick-rooms. These should be separate for each sex, and 
 should consist of two rooms at least in each case, viz., 
 one for the patients and the other for the nurse. An 
 aspect S.E., S., or S.W. is to be preferred. 
 
 A detached building is also necessary for infectious 
 cases, except in the neighbourhood of a hospital to 
 which cases can be readily conveyed. 
 
 (g) Baths. These should be supplied with hot and cold 
 water, and should be of sufficient number to enable 
 each child to obtain a bath as least once a week in 
 winter and twice in summer. Lavatory basins should 
 be sufficient to enable each child to wash the hands, 
 face, and upper portion of the body morning and 
 evening. 
 
 (h) Latrines. For day. The provision of closets should be 
 10 per cent, on the number of boys, together with 
 a urinal; and 15 per cent, on the number of girls, 
 with facility for frequent supervision. 
 
 For night. One or two closets should be provided
 
 5/6 SCHOOLS FOR DEFECTIVE AND EPILEPTIC CHILDREN. 
 
 adjoining the dormitories, but disconnected therefrom 
 by a lobby having a current of air by windows on two 
 sides. 
 
 (k) Staircases and Corridors. These must be fireproof. 
 (/) Fire Escapes. Where only one staircase exists, or where 
 the dormitories are at some distance from the stair- 
 cases, fire escapes should be provided, 
 
 (4.) No children may be admitted at less than seven years of 
 age, or retained after reaching the age of 16. 
 
 (5.) The sexes should be separated, as a rule, for all purposes, 
 except meals and lessons and recreation under supervision. 
 
 (6.) The staff of every certified school must be approved by 
 the Education Department. 
 
 (7.) The schools must be at all times open to the officers of 
 the Education Department or of the school authorities by whom 
 the children are sent. 
 
 (8.) The accounts must be audited by a professional auditor, 
 and submitted to the Department in such form as may be 
 prescribed. 
 
 (9.) The provisions regulating religious instruction must be the 
 same as those enacted by sec. 8 of the Elementary Education 
 (Blind and Deaf Children) Act, 1893. 
 
 (10.) Instruction must be given in accordance with the rules 
 prescribed by the Education Department for day schools and 
 classes for defective children. 
 
 (u.) Where the above conditions are satisfied, grants will 
 be paid annually at the following rates for each unit of average 
 attendance : 
 
 For instruction other than manual instruction, 50^. 
 
 For manual instruction of younger children, 30^. ; and older 
 
 children, 40^. 
 For each complete tenth of a unit of average attendance a 
 
 tenth of the above grants will be paid. 
 
 These grants are in lieu of the annual grant and the fee grant 
 payable to ordinary public elementary schools. 
 
 III. CERTIFIED SCHOOLS FOR EPILEPTIC CHILDREN. 
 
 The following conditions must be fulfilled by schools that are 
 certified for epileptic children : 
 
 (i.) The schools must provide for the boarding, lodging, and 
 medical treatment of the children as well as for their education. 
 They must be exclusively confined to children who are epileptic 
 within the meaning of the Elementary Education (Defective and 
 Epileptic Children) Act, 1899. 
 
 (2.) No establishment established after the commencement of 
 the Elementary Education (Defective and Epileptic Children) 
 Act (gth August, 1899) can be certified for boarding and lodging
 
 RULES OF EDUCATION DEPARTMENT. 577 
 
 more than 15 epileptic children in one building, or comprising 
 more than four such buildings (sec. 2 (6) of the Act). 
 
 (3.) The premises must be approved by the Department. 
 They should, if possible, be built all on one floor, so as to avoid 
 the use of staircases. It is necessary that they should be situated 
 in the country, or on a good pervious soil. 
 
 In other respects the rules laid down for the premises of certi- 
 fied schools for boarding and lodging defective children apply to 
 the premises of certified schools for epileptic children. 
 
 (4.) No children may be admitted at less than seven years of 
 age, or retained after reaching the age of 16. 
 
 (5.) The sexes should be separated, as a rule, for all purposes, 
 except meals and lessons and recreation under supervision. 
 
 (6.) The staff of every certified school must be approved by 
 the Education Department. 
 
 (7.) The schools must be at all times open to the officers of 
 the Education Department or of the school authorities by whom 
 the children are sent. 
 
 (8.) The accounts must be audited by a professional auditor, 
 and submitted to the Department in such form as may be 
 prescribed. 
 
 (9.) The provisions regulating religious instruction must be the 
 same as those enacted by sec. 8 of the Elementary Education 
 (Blind and Deaf Children) Act, 1893. 
 
 (10.) The school instruction should as nearly as possible 
 resemble that given in an ordinary elementary school. 
 
 (n.) Not less than six hours of manual instruction must be 
 given weekly to each child. It should have for its object (i) to 
 train- the hand and eye and brain ; (2) to fit a child to earn a 
 living ; and it should be chosen with a view of improving the 
 health of the children. More highly skilled forms of manual 
 instruction than those provided for defective children may be 
 suitable for epileptic children ; and it will be necessary to guard 
 against dangerous tools or machinery. The forms of manual 
 training proposed should be submitted to the Department for 
 approval. For purposes of manual instruction children must be 
 classed as " younger children " and "older children" respectively. 
 This classification must not depend upon any fixed rule as to age, 
 but must be made so as to assign to each child that form of 
 manual instruction which is suitable to his skill and capacity. 
 
 (12.) Where the above conditions are satisfied, grants will be 
 paid annually at the following rates for each unit of average 
 attendance : 
 
 For instruction other than manual instruction, 50^. 
 
 For manual instruction of younger children, 30^. ; and older 
 
 children, 40^. 
 
 For each tenth of a unit of average attendance a tenth of the 
 above grants will be paid.
 
 5/8 SCHOOLS FOR DEFECTIVE AND EPILEPTIC CHILDREN. 
 
 These grants are in lieu of the annual grant and the fee grant 
 payable to ordinary public elementary schools. 
 
 SPECIAL SCHOOLS AND CLASSES. 
 Forms of Manual Instruction. 
 
 (a) Suitable for younger children paper-mat making; clay- 
 modelling ; macrame-work and various other forms of string work ; 
 pricking, colouring, and Kinder-garten sewing; basket-making; 
 paper-folding ; bead-threading ; paper-cutting and mounting ; 
 building with cubes ; worsted-work ; and needlework. 
 
 (b) Suitable for older boys wood-work of various kinds ; shoe- 
 making; basket-making; modelling in pasteboard (the German 
 pappe-werK) ; chair-caning ; mat-making ; tailoring ; and garden- 
 ing and farm-work. 
 
 (c) Suitable for older girls cookery; laundry-work; practical 
 housewifery ; and needlework. 
 
 N.B. Out of the minimum six hours per week of manual 
 instruction not more than two hours may be devoted to 
 needlework.
 
 ( 579 ) 
 
 BOARDING-OUT DEFECTIVE CHILDREN. 
 REGULATIONS OF EDUCATION DEPARTMENT. 
 
 [Dated z6tk February, 1900.] 
 
 (Elementary Education (Defective and Epileptic Children) Act, 
 1899, sec. 2 (i).) 
 
 At the Council Chamber, Whitehall, the 26^/1 day of February, 1900. 
 
 BY THE LORDS OF THE COMMITTEE OF HER MAJESTY'S MOST 
 HONOURABLE PRIVY COUNCIL ON EDUCATION. 
 
 THE Lords of the Committee of Privy Council on Education, by 
 virtue and in pursuance of the powers in them vested under the 
 Elementary Education (Defective and Epileptic Children) Act, 
 1899, and of every other power enabling them in this behalf, do 
 order, and it is hereby ordered, that the following regulations be 
 observed : 
 
 [The provisions of this order in council are precisely the same 
 as those in the order in council of the 22nd April, 1895 (see p. 562, 
 ante), with regard to the boarding-out of blind and deaf children, 
 with the following exceptions : 
 
 In the order in council as to defective children, the word 
 " defective " is substituted for " blind or deaf" or " blind and deaf." 
 
 In Art. 6 the following sub-sections are substituted for the 
 sub-sections bearing the same numbers in the order as to blind or 
 deaf children : 
 
 (i.) No child shall be boarded-out without the parent's consent. 
 
 (2.) Except in the case of brothers or sisters there shall not be 
 more than one defective child resident in the same home at the 
 same time, whether boarded-out or not. 
 
 (3.) No child shall be boarded-out in a home in which, at the 
 time when the child would first be placed in it, there would be 
 with such child more than four children resident, or in which any 
 poor-law child is boarded-out by the guardians. 
 
 In Art. 8 (i) and Art. 8 (a), the words " and shall be made 
 separately for blind and deaf children respectively " are omitted. 
 
 In Art 1 1 the " Elementary Education (Defective and 
 Epileptic Children) Act, 1899," is substituted for the " Elementary 
 Education (Blind and Deaf Children) Act, 1893."
 
 580 BOARDING-OUT DEFECTIVE CHILDREN. 
 
 Schedules V. and VI. School Manager's Report on Child, and School 
 Authority's Return to Education Department. 
 
 A column headed " date of birth " is substituted for that headed 
 " age," and in the form of returns in Schedule VI. the column 
 " whether blind or deaf" is omitted. 
 
 Schedule VII. Boarding-out Committee's Return to Ediication 
 Department. 
 
 The return is to refer to defective children, and in the second 
 column the " date of birth " instead of age is to be given.
 
 58i ) 
 
 FORM OF REQUISITION FOR COPY OF 
 CERTIFICATE OF BIRTH. 
 
 ORDER OF LOCAL GOVERNMENT BOARD. 
 
 [Dated zyd December, 1901 . J 
 
 To ALL SUPERINTENDENT REGISTRARS, and Registrars of 
 Births and Deaths in England and Wales ; 
 
 And to all others whom it may concern. 
 
 Whereas by sec. 134 of the Factory and Workshop Act, 1901, 
 
 it is enacted as follows : 
 
 " Where the age of any young person under the age of 
 sixteen years or child is required to be ascertained or proved 
 for the purposes of this Act, or for any purpose connected 
 with the employment in labour or elementary education of 
 the young person or child, any person shall, on presenting 
 a written requisition, in such form and containing such parti- 
 culars as may be from time to time prescribed by the Local 
 Government Board, and on payment of a fee of sixpence, be 
 entitled to obtain a certified copy under the hand of a registrar 
 or superintendent registrar of the entry in the register, under 
 the Births and Deaths Registration Acts, 1836 to 1874, of 
 the birth of that young person or child ; and such form of 
 requisition shall on request be supplied without charge by 
 every superintendent registrar and registrar of births, deaths, 
 and marriages." 
 Now therefore, we, the Local Government Board, in pursuance 
 
 of the powers given to us by the Statutes in that behalf, hereby 
 
 order as follows : 
 
 Art. i. The requisition (i) to be made to entitle any person to 
 
 obtain a certified copy of an entry of a registry of birth under the 
 
 section above cited shall be in the form set forth in the schedule 
 
 to this order. 
 
 Art. 2. This order shall come into operation on the first day of 
 
 January, one thousand nine hundred and two. 
 
 (i) As to this requisition, see notes to sec. 25 of the 39 & 40 Viet., c. 79, 
 P- 34.
 
 582 REQUISITION FOR CERTIFICATE OF BIRTH. 
 SCHEDULE. 
 
 The Factory and Workshop Act, 1901. 
 
 Requisition for a certified copy of an entry of birth for the 
 purposes of the above-mentioned Act, or for any purpose con- 
 nected with the employment in labour or elementary education of 
 a young person under the age of sixteen years or of a child. 
 
 To the superintendent registrar or registrar of births and 
 deaths having the custody of the register in which the birth 
 of the under-mentioned young person or child is registered : 
 I, the undersigned, hereby demand, for the purposes above 
 mentioned, or some or one of them, a certificate of the birth of 
 the young person or child named in the subjoined schedule. 
 
 Christian Name and 
 Surname of the Young 
 Person or Child of 
 whose Age a Certificate 
 is required. 
 
 Names of the Parents of such 
 Young Person or Child. 
 
 Where such 
 Young Person 
 or Child was 
 Born. 
 
 In what Year 
 such Young 
 Person or Child 
 was Born. 
 
 Father. 
 
 Mother. 
 
 
 
 
 
 
 Dated this 
 
 day of 
 
 Signature. 
 Address 
 
 Occupation^ 
 
 Given under the Seal of Office of the Local Government 
 Board, this Twenty-third day of December, in the 
 year One thousand nine hundred and one. 
 
 (L.S.) CHAS. T. RITCHIE, 
 
 One of the Ex-officio Members of 
 
 H. C. MONRO, the Local Government Board. 
 
 Assistant Secretary.
 
 ( 583 ) 
 
 PAYMENT OF SCHOOL FEES OF NON-PAUPER 
 CHILDREN. 
 
 ORDER OF LOCAL GOVERNMENT BOARD AS TO PROCEEDINGS OF 
 GUARDIANS AND THEIR OFFICERS WITH RESPECT TO SCHOOL 
 FEES OF NON-PAUPER CHILDREN. 
 
 To THE GUARDIANS OF THE POOR OF THE SEVERAL UNIONS 
 
 NAMED IN THE SCHEDULE B TO THIS ORDER ; 
 
 And to all others whom it may concern. 
 
 Whereas by sec. 34 of the Elementary Education Act, 1876, 
 
 it is enacted as foHows : 
 
 "All enactments relating to guardians and their officers and 
 expenses, and to relief given by guardians, shall, subject 
 to the express provisions of this Act, apply as if the 
 guardians, including the school attendance committee 
 appointed by them and their officers acting under this 
 Act, and expenses incurred, and money paid for school 
 fees, and relief given under this Act, were respectively 
 acting, incurred, and paid, and given as relief, under the 
 Acts relating to the relief of the poor, and the Local 
 Government Board may make rules, orders, and regula- 
 tions accordingly ; " 
 And whereas by sec. 10 and sec. 35 of the said Act, it is 
 
 enacted as follows : 
 
 "The parent, not being a pauper, of any child who is unable 
 by reason of poverty to pay the ordinary fee for such child 
 at a public elementary school, or any part of such fee, 
 may apply to the guardians having jurisdiction in the 
 parish in which he resides ; and it shall be the duty of 
 such guardians, if satisfied of such inability, to pay the 
 said fee, not exceeding threepence a week, or such part 
 thereof as he is, in the opinion of the guardians, so 
 unable to pay ; " 
 
 ***** 
 " Money given under this Act for the payment of school fees 
 for any child of a parent who is not a pauper, and is 
 resident in any parish, shall be charged by the guardians 
 having jurisdiction in such parish to that parish with other 
 parochial charges." 
 And whereas it is expedient that regulations should be made 
 
 under the above-cited enactments, so far as respects guardians 
 
 of the poor and their officers :
 
 584 ORDERS OF LOCAL GOVERNMENT BOARD. 
 
 Now therefore, we, the Local Government Board, in pursuance 
 of the powers given by the several Statutes in that behalf, hereby 
 order as follows, with respect to each of the unions named in the 
 Schedule B to this order : 
 
 Art. i. The guardians may, with the approval of the Local 
 Government Board, appoint a person or persons, or one or more 
 of their officers, as inquiry officer or officers, to discharge the 
 duties hereinafter prescribed with reference to applications by 
 parents, not being paupers, for payment of school fees, (i) 
 
 Provided that no person shall be so appointed who has not 
 reached the age of twenty-one years. 
 
 Art. 2. Every such appointment shall be made by a majority of 
 the guardians voting on the question. 
 
 Provided that no appointment shall be made unless a notice 
 that the question of making such appointment will be brought 
 before the guardians has been given and entered on the minutes, 
 at one of their two ordinary meetings next preceding the meeting 
 at which the appointment is made, or unless an advertisement 
 giving notice of the consideration of such appointment shall have 
 appeared in some public paper by the direction of the guardians 
 at least seven days before the day on which such appointment is 
 made : Provided also, that no such notice or advertisement shall 
 be necessary for the appointment of an assistant or temporary 
 substitute. (2) 
 
 (1) As regards the effect of the Elementary Education Act, 1891, with 
 respect to the duty of guardians as to the payment of school fees, the Local 
 Government Board, in a circular letter to boards of guardians dated the I7th 
 September, 1891, stated as follows : 
 
 "The provisions of the Elementary Education Act, 1891, are chiefly of 
 interest to the guardians in so far as they may affect the payment by them of 
 school fees. With regard to this, the Board direct me to point out that the 
 Act does not repeal either sec. 10 of the Elementary Education Act, 1876, as 
 to the payment of the school fees of children of parents who are not paupers, 
 or sec. 40 of the same Act relating to relief for the payment of the school 
 fees of pauper children in certain cases where out-door relief is given. The 
 payment of school fees under sec. 10, or the granting of further relief under 
 sec. 40 to enable school fees not exceeding 3^. a week to be paid, must not 
 be made or granted on condition of the child attending any public elementary 
 school other than such as may be selected by the parent, nor refused because 
 the child attends, or does not attend, any particular public elementary school. 
 Although, therefore, where a child attends a free school, or is not required to 
 pay a fee at any fee-charging school which he attends, the duty of the guardians 
 under these sections will cease with respect to him, their duty will remain the 
 same as before the passing of the new Act, with respect to any child who can 
 only attend the school on payment of a fee." 
 
 It is not, therefore, to be assumed that the passing of the Act referred to 
 renders unnecessary the appointment of any inquiry officer. The necessity for 
 the continued employment of such an officer will depend upon the facts as 
 regards the public elementary schools in the district being open for the 
 admission of children without payment of any fee. 
 
 (2) See Art. 5 as to the provisions with regard |to the appointment of, a 
 temporary substitute.
 
 FEES OF NON-PAUPER CHILDREN. 585 
 
 Art. 3. The guardians shall pay the inquiry officer or officers 
 so appointed such remuneration, by annual salary or otherwise, as 
 may be approved by the Local Government Board, and such 
 remuneration shall be paid quarterly at the several quarters 
 ending at the usual feast days in the year, namely, Lady Day, 
 Midsummer Day, Michaelmas Day, and Christmas Day (i) ; and 
 if it be by annual salary it shall be considered as accruing from 
 day to day, and be apportionable in respect of time accordingly, 
 in pursuance of the provisions of " The Apportionment Act, 
 1870." 
 
 Art. 4. Every person appointed under this order shall hold 
 office until he shall die, or resign, or be removed by the Local 
 Government Board, or by the guardians with the assent of that 
 Board, or be proved to be insane by evidence which that Board 
 shall deem sufficient ; and the guardians shall give notice to the 
 Local Government Board of every such death or resignation, and 
 state the cause of such resignation, so far as it may be known to 
 them, (i) 
 
 Art. 5. If any officer appointed under this order be at any time 
 prevented by sickness or accident, or other sufficient reason, 
 from performing his duties, the guardians may appoint a fit 
 person to act as his temporary substitute, and may pay him a 
 reasonable compensation for his services ; and every such appoint- 
 ment shall be reported to the Local Government Board as soon 
 as the same shall have been made, (i) 
 
 Art. 6. The following shall be the duties of the inquiry 
 officer : 
 
 No. i. To attend all such meetings of the guardians as they 
 shall by any general or special directions require him to 
 attend. 
 No. 2. To receive all applications for payment of school fees 
 
 (i) The Local Government Board, by an order dated Jlh October, 1879, 
 empowered the guardians to pay the salary of an inquiry officer at the end of 
 each month instead of at the quarterly periods specified in Art. 3, but when this 
 is done the officer is to make out his account quarterly according to the days 
 mentioned in that article, and submit the same to the guardians on those days 
 before the last portion of the salary in respect of the quarter is paid to him by 
 them. 
 
 An order of the Board, dated 7th September, 1899, has the effect of rendering 
 it unnecessary to report to the Board the death or resignation of an inquiry 
 officer. In the case of appointments subsequent to the 29th September, 1899, 
 it will not be requisite to have the sanction of the Board to the remuneration of 
 the officers, and any such officer may be dismissed or removed from office or 
 his office may be determined by the guardians without any assent on the part of 
 the Local Government Board. No report of an appointment of a temporary 
 substitute will be required. 
 
 The tenure of office and remuneration of inquiry officers who were in office 
 at the date when the order referred to took effect (agth September, 1899) are 
 not affected by its provisions. 
 
 The consent of the Board to a relieving officer acting as inquiry officer within 
 his relief district is not required. 
 
 2 O
 
 586 ORDERS OF LOCAL GOVERNMENT BOARD. 
 
 made to him by parents (i), not being paupers, residing 
 within the district for which he is appointed to act, and 
 forthwith to examine into the circumstances of every case 
 by visiting the house of the applicant, and by making all 
 necessary inquiries as regards the means of the applicant, 
 and the other particulars required to be set forth in the 
 form No. i in the Schedule A. to this order. 
 No. 3. In cases where such applications are made to the 
 guardians directly, to make a similar examination and 
 inquiry, so far as he may be required by them to do so. 
 No. 4. To enter the particulars of each case in a book, to 
 be termed the " School Fees Application and Report 
 Book," and to be kept in the Form No. i set forth in the 
 Schedule A to this order, and to lay such book before 
 the guardians at their ordinary meetings, and at any other 
 meetings which he may be required to attend. 
 No. 5. To make such further inquiry into the several cases, 
 from time to time, as the guardians by any general or 
 special directions may require him to make. 
 No. 6. To perform the duties prescribed by Art. 10 of this 
 order, when the school fees are required by the guardians 
 to be paid by him, and to observe and execute all lawful 
 orders and directions of the guardians applicable to his 
 office. 
 
 Art. 7. The guardians shall, at their ordinary meetings, on 
 receiving such applications as aforesaid, whether directly or 
 through the inquiry officer, give the necessary directions thereon, 
 and where any application is granted, shall also give directions 
 as to the amount of the school fee to be paid and the time for 
 which the payment is to be made. They shall also from time to 
 time, as may be necessary, take into consideration the question of 
 the continuance of any such payment ordered by them, and give 
 directions thereon. (2) 
 
 (1) For definition of the term "parent," see Art. 14. 
 
 (2) By an order dated the 5th September, 1877, the Local Government Board 
 have empowered the guardians of certain unions in which there are relief com- 
 mittees to authorize such committees to deal with all applications for payment 
 of school fees on account of parents, not being paupers, residing or being in the 
 district assigned to the committee ; and the order provides that the committee 
 shall thereupon hear and determine all such applications, and give all directions 
 respecting the continuance of the payment of the fees in such manner as the 
 guardians acting as a board are authorized to do. The order prescribes certain 
 regulations which are to take effect when relief committees act under the powers 
 given by the order.- 
 
 A further order, dated the 5th September, 1877, has been issued by the 
 Local Government Board to certain unions in which district relief committees 
 are appointed, empowering the guardians to authorize the district relief com- 
 mittees " to receive all applications for payment of school fees on account of 
 parents, not being paupers, residing or being in the district for which the com- 
 mittee is appointed, and to examine into the same and report to the guardians
 
 FEES OF NON-PAUPER CHILDREN. 587 
 
 Provided that the guardians may, if they think fit, adjourn to 
 any particular time or place for the more convenient hearing of such 
 applications and deciding thereon. 
 
 Art. 8. The proceedings of the guardians under this order shall 
 be entered on their minutes, and the order made by them with 
 respect to each application for payment of school fees shall be 
 entered by their clerk or by the presiding chairman in the said 
 school fees application and report book, and also in a book to be 
 termed the " School Fees Order Book," and to be kept in the Form 
 No. 2 set forth in the said Schedule A. 
 
 Art. 9. The fees ordered to be paid as aforesaid shall be paid 
 by the guardians, through the inquiry officer or otherwise (i), at 
 such quarterly or other periods as may be agreed upon between 
 them and the school board or school managers, subject to any 
 deduction which may be required to be made in respect of the 
 non-attendance at school of any child. 
 
 Art. 10. If the guardians pay the school fees through the 
 inquiry officer, he shall duly and punctually make such payment 
 to the school board or school managers, in accordance with the 
 directions given to him by the guardians. 
 
 The inquiry officer shall in such case keep an account in the 
 Form No. 3 in the Schedule A to this order, to be termed the 
 "School Fees Receipt and Payment Account," in which shall 
 be entered all moneys received and paid by him on account of 
 the guardians, under their proper dates. He shall balance this 
 account once every month, or oftener if required by the guardians 
 to do so, and shall submit it, with the proper vouchers, to the 
 clerk to the guardians for examination at such periods as they 
 may appoint. (2) 
 
 Art. ii. On the school fees receipt and payment account being 
 
 thereon." This order also prescribes regulations which are to apply when 
 district relief committees act under these powers. 
 
 An order of gth January, 1878, issued by the Local Government Board, 
 empowers the guardians in every case in which they decide to pay the school 
 fee or any part thereof, to declare the money so paid to be given by way of loan. 
 Where the money paid in respect of such fee is so given by way of loan, it is to 
 be recoverable in accordance with the provisions of the Poor Law Acts appli- 
 cable to other relief given on loan. 
 
 (1) In certain unions pay clerks have been appointed to distribute the relief 
 to the poor, and the Local Government Board, by an order dated the 5th 
 September, 1877, have empowered the guardians with the consent of the Board 
 to require the person for the time being holding the office of pay clerk to pay 
 the school fees ordered by them, either as regards the whole of the union or 
 the part of the union for which he is appointed to act as pay clerk, according 
 as the case may be. The order also contains provisions as to the remunera- 
 tion and the duties of the officer. 
 
 The maximum school fee that can be paid is that prescribed by sec. 10 of the 
 39 & 40 Viet., c. 79, ante. 
 
 (2) If the guardians agree to pay the school fees by an order on the treasurer 
 of the union, instead of through the inquiry officer, the necessity for keeping 
 the school fees receipt and payment account will be avoided.
 
 588 ORDERS OF LOCAL GOVERNMENT BOARD. 
 
 submitted to the clerk as aforesaid, the clerk shall compare the 
 entries of payments therein with the vouchers, and ascertain that 
 the inquiry officer has debited the account with all sums received 
 by him, and produces proper vouchers for all payments made by 
 him. The clerk shall insert his initials at the foot of the account, 
 and report to the guardians at their next meeting the result of his 
 examination. 
 
 Art. 12. The books to be kept in pursuance of Art 8 of this 
 order shall be submitted by the clerk to the guardians, and the 
 account to be kept under Art. 10, together with the proper 
 vouchers, shall be submitted by the inquiry officer to the auditor 
 of the union at the same times as the other books and accounts of 
 the union are submitted for audit ; and the auditor shall audit the 
 same, subject to the regulations in force in the union for the time 
 being in regard to the audit of accounts ; which, both as regards 
 the auditor and the officers concerned, shall, so far as they are 
 applicable, apply to the said books and the said account. 
 
 Art. 13. The " School Fees Order Book " shall be included by the 
 auditor in the statement which by any order in force in the union 
 he is required to make at the close of each audit and to transmit 
 to the Local Government Board, as respects the books of the 
 clerk to the guardians, an addition being made to the form for that 
 purpose, in the manner set forth in the Form No. '4 in the Schedule 
 A to this order. A similar statement shall be made by the 
 auditor with regard to the " School Fees Application and Report 
 Book," and the " School Fees Receipt and Payment Account," such 
 statement being appended to the form relating to the books of 
 the relieving officer, in the manner set forth in the form No. 5 in 
 that schedule. 
 
 Art. 14. In this order 
 
 The term " guardians " includes any body of persons per- 
 forming the functions of guardians within the meaning of 
 the Acts relating to the relief of the poor. 
 The term " union " means any union or incorporation of 
 parishes under any general or local Act, and any single 
 parish having guardians as above denned under any 
 general or local Act. 
 The term " child " means a child between the ages of five and 
 
 fourteen years. 
 
 The term "parent" includes guardian and every person 
 who is liable to maintain or has the actual custody of any 
 child.
 
 FEES OF NON-PAUPER CHILDREN. 589 
 
 SCHEDULE A. 
 
 FORM No. i. 
 
 SCHOOL FEES APPLICATION AND REPORT BOOK. 
 
 For the quarter ending 18 
 
 Union. [Parish of ] 
 
 Parish of [ District^ 
 
 Name of Inquiry Officer 
 
 [The headings of the several columns in this form are as 
 follows: i. No. of case; 2. date of the application ; 3. name of 
 child in respect of whom application is made ; 4. age of child ; 
 5. name of applicant, and if married, of wife, and the number and 
 ages of children under 16 dependent on applicant ; 6. age of 
 applicant; 7. relationship of applicant to child in respect of whom 
 application is made ; 8. place of residence of applicant ; 9. calling 
 or occupation of applicant, and if married, of wife, and of children 
 under 16 who are dependent on applicant, and are employed ; to. 
 state whether applicant is single, married, widow or widower ; 1 1. 
 if ordinarily able-bodied ; 12. whether partially or wholly disabled, 
 and if so, the description of disability ; 13. whether receiving any 
 payment from clubs, charitable institutions, government pensions, 
 or otherwise ; such payment, pension, allowance, or contribution 
 to be described, and the amount stated ; 14. present weekly 
 earnings or other income of applicant, and family dependent on 
 him or her. Particulars to be stated: 15. date of visit at the 
 residence of applicant; 16. name of school which child has 
 attended, and time school has been so attended; 17. name of 
 public elementary school selected by applicant ; 18. amount of 
 ordinary weekly school fee at school ; 19. amount of fee or part 
 of fee ordered to be paid by guardians ; 20. for what time the fee 
 or part of fee is ordered to be paid ; 21. date when order made; 
 22. initials of chairman or clerk ; 23. observations.] 
 
 FORM No. 2. 
 SCHOOL FEES ORDER BOOK. 
 
 Quarter ending 18 
 
 Union, \Parishof__ ] 
 
 [The several headings in the prescribed form are as follows : 
 
 No. in school fees application and report book (if any) ; name 
 
 of child in respect of whom application is made ; name of parish
 
 590 ORDERS OF LOCAL GOVERNMENT BOARD. 
 
 where applicant is resident ; name or number of district ; public 
 elementary school selected by applicant ; amount of weekly 
 school fee ordered to be paid by guardians ; for what time 
 ordered ; other orders of the board (if any).] 
 
 Dated this day of , 18 , being 
 
 for the week of the quarter. 
 
 FORM No. 3. 
 
 SCHOOL FEES RECEIPT AND PAYMENT ACCOUNT. 
 Union. [Parish nf : ] 
 
 [ District^ Inquiry Officer. 
 
 [The headings in the prescribed form are as follows : 
 RECEIPTS : Date ; name and particulars. 
 PAYMENTS : Date ; name and particulars.] 
 Balanced day of 
 
 (Signed) _ Inquiry Officer ?\ 
 
 [In connection with this account, it is to be borne in mind 
 that the school fees of a non-pauper child are to be charged to 
 the parish in which the parent of the child resides.] 
 
 FORM No. 4. 
 
 Audit District. 
 
 STATEMENT OF THE AUDITOR. 
 
 [This form requires the observations of the auditor to be 
 given in reference to the several books for the half year ended 
 which are required to be kept (a) by the clerk, (b) by the 
 treasurer, and (c) by the collector of the guardians. The 
 following note is appended. 
 
 Against the name of any book contained in this statement which is not kept 
 at all, or is imperfectly kept, the auditor is to write in the former case "not 
 kept," and in the latter "imperfectly." Incase of any book being imper- 
 fectly kept, the general nature of the imperfection is to be set forth on the other 
 side, together with such observations as the auditor considers requisite.] 
 
 FORM No. 5. 
 
 Audit District. 
 
 STATEMENT OF THE AUDITOR. 
 
 [This form is similar to form numbered 4 (see supra), except 
 that it refers to the books required to be kept by (a) the relieving 
 officer and (b) by the inquiry officer.]
 
 FEES OF NON-PAUPER CHILDREN. 591 
 
 SCHEDULE B. 
 
 [Specifies the unions, incorporations, and parishes to which 
 the order applies.] 
 
 Given under the Seal of Office of the Local Government 
 Board, this Twenty-second day of March, in the year 
 One thousand eight hundred and seventy-seven. 
 
 G. SCLATER-BOOTH, 
 
 President. 
 JOHN LAMBERT, 
 
 Secretary.
 
 ( 592 ) 
 
 ORDER OF LOCAL GOVERNMENT BOARD 
 PRESCRIBING ATTENDANCE AS REGARDS 
 WORKHOUSE SCHOOLS. 
 
 To THE GUARDIANS OF THE POOR of the several Unions 
 and Separate Parishes in England and Wales ; 
 
 To THE BOARDS OF MANAGEMENT of the several District 
 Schools formed under the Poor Law Amendment Act, 
 1844, and the Acts amending the same ; 
 
 And to all others whom it may concern. 
 
 Whereas by sec. 5 of the Elementary Education Act, 1876, it 
 is enacted as follows : 
 
 " A person shall not, after the commencement of this Act, take 
 into his employment (except as hereinafter in this Act mentioned) 
 any child 
 
 " i. Who is under the age of ten years ; or 
 
 " 2. Who, being of the age of ten years or upwards, has not 
 obtained such certificate either of his proficiency in reading, 
 writing, and elementary arithmetic, or of previous due attendance 
 at a certified efficient school, as is in this Act in that behalf 
 mentioned, unless such child, being of the age of ten years or 
 upwards, is employed, and is attending school, in accordance 
 with the provisions of the Factory Acts, or of any bye-law of the 
 local authority (hereinafter mentioned) made under sec. 74 of 
 the Elementary Education Act, 1870, as amended by the 
 Elementary Education Act, 1873, and this Act, and sanctioned 
 by the Education Department." (i) 
 
 And whereas, by sec. 48 of the said Act, it is provided that the 
 term " certified efficient school " in that Act means (among other 
 schools) " any workhouse school certified to be efficient by the 
 Local Government Board " ; 
 
 And whereas, by Rule No. n in the First Schedule to the 
 said Act, it is provided that attendance for the purpose of that 
 Schedule includes, where the attendance is at a workhouse 
 school, such attendance as may be from time to time directed 
 for the purpose by the Local Government Board : 
 
 Now therefore, we, the Local Government Board, in pursuance 
 
 (i) See notes on sec. 5 of the Elementary Education Acts, 1876, as to the 
 alterations in the law since the passing of that Act.
 
 ATTENDANCE AS REGARDS WORKHOUSE SCHOOLS. 593 
 
 of the powers given by the Statutes in that behalf, hereby direct, 
 for the purpose of the said Schedule as regards children who 
 attend a workhouse school certified by the Local Government 
 Board to be efficient, as follows : 
 
 Art. i. An attendance of a child at a workhouse school certified 
 as aforesaid shall be deemed to be an attendance for the purpose 
 of the said Schedule, where such child has attended the school 
 and been under instruction in secular subjects at the morning or 
 afternoon meeting of the school for not less than two hours if the 
 child is above seven years of age, or for not less than one hour 
 and a half if the child is above five and under seven years 
 of age. 
 
 Provided, that where a child, if above seven years of age, has 
 so attended and been under instruction in secular subjects for 
 not less than three hours in the morning and one hour in the 
 afternoon of the same day ; or if above five and under seven 
 years of age, for not less than two hours in the morning and one 
 hour in the afternoon of the same day, each such attendance 
 shall in each case be deemed to be an attendance for the purpose 
 aforesaid. 
 
 Art. 2. Any time which may be devoted to instruction in drill 
 or to industrial training, other than a reasonable time for needle- 
 work in the case of girls, shall not be included in the time 
 prescribed for an attendance for the purpose aforesaid. 
 Art. 3. In this order 
 
 ***** 
 The term "workhouse school" includes any school, certified 
 as aforesaid, belonging to a union or separate parish 
 which is under distinct management from that of the 
 workhouse, whether the school buildings are part of the 
 workhouse premises or, being separate from the workhouse, 
 are situated either within or without the limits of the 
 union or separate parish, and also any school belonging 
 to a school district formed under the Poor Law Amend- 
 ment Act, 1844, and Acts amending the same. 
 
 Given under the Seal of Office of the Local Government 
 Board, this Twenty-seventh day of October, in the 
 year One thousand eight hundred and seventy-seven. 
 
 G. SCLATER-BOOTH, 
 
 President. 
 
 DAN BY P. FRY, 
 
 Assistant Secretary.
 
 ( 594 ) 
 
 ORDER OF LOCAL GOVERNMENT BOARD AS TO 
 REGISTER OF ATTENDANCE FOR WORK- 
 HOUSE SCHOOLS. 
 
 To THE GUARDIANS OF THE POOR of the several Unions 
 and Separate Parishes in England and Wales ; 
 
 To THE BOARDS OF MANAGEMENT of the several District 
 Schools formed under the Poor Law Amendment Act, 
 1844, and the Acts amending the same ; 
 
 And to all others whom it may concern. 
 
 Whereas the Local Government Board, by a general order, 
 dated the 27th day of October, 1877 (i), gave directions with 
 respect to the attendance, for the purpose of the Elementary Educa- 
 tion Acts, of children attending workhouse schools certified by the 
 Board to be efficient; and it is expedient that provision should 
 be made with respect to the registration of attendances in every 
 workhouse school, as hereinafter mentioned : 
 
 Now therefore, we, the Local Government Board, in pursuance 
 of the powers given by the statutes in that behalf, hereby order 
 as follows, with respect to the registration of the attendance of 
 children in every workhouse school : 
 
 Art i. The schoolmaster or schoolmistress, as the case may 
 be, shall, within fifteen minutes from the commencement of the 
 required instruction in secular subjects, mark the attendance of 
 each child present at every meeting of the school in an Attend- 
 ance register according to the Form No. i in the Schedule to 
 this order ; and shall from time to time make out a summary of 
 the attendance register according to the Form No. 2 in the said 
 Schedule, which summary shall be duly examined and signed by 
 the clerk. 
 
 Art. 2. The attendance registers shall be produced to the 
 visiting committee, on their visits to the school, and to the 
 guardians or the board of management at such times as they may 
 direct. 
 
 Art. 3. Every attendance register shall be carefully preserved 
 by the guardians or the board of management for ten years. 
 
 Art. 4. The standards of examination to be observed shall be 
 those prescribed in the Code of the Education Department in 
 
 (i) For order referred to, see p. 592.
 
 REGISTER OF ATTENDANCE. 595 
 
 force for the time being, (i) A list of the children arranged 
 according to such standards shall be prepared by the school- 
 master or schoolmistress, as the case may be, and presented to 
 the school inspector of the Local Government Board at the time 
 of his annual examination of the school. 
 
 Art. 5. The instruction in the school shall be given at the time 
 specified in a time-table to be prepared by the schoolmaster or 
 schoolmistress and approved by the guardians or board of manage- 
 ment, as the case may be. 
 Art. 6. In this order 
 
 The word " union " includes any union of parishes incor- 
 porated or united for the relief or maintenance of the poor 
 under any Act of Parliament ; 
 The term " separate parish " means a parish or place which 
 
 is under a separate board of guardians ; 
 The word " guardians " includes any governors, directors, 
 managers, acting guardians, vestrymen, or other officers 
 appointed or entitled to act in the distribution or ordering 
 of relief to the poor from the poor rates under any Act of 
 Parliament ; 
 The term " clerk " means the clerk to the guardians or the 
 
 clerk to the board of management, as the case may be ; 
 The term " workhouse school " includes any school belonging 
 to a union or separate parish which is under distinct 
 management from that of the workhouse, whether the 
 school buildings are part of the workhouse premises or, 
 being separate from the workhouse, are situated either 
 - within or without the limits of the union or separate 
 parish, and also any school belonging to a school district 
 formed under the Poor Law Amendment Act, 1844, and 
 Acts amending the same. 
 
 (i) For standards of examination prescribed, see p. 648.
 
 ORDERS OF LOCAL GOVERNMENT BOARD. 
 
 FORM No. i. SCHEDULE. 
 
 ATTENDANCE REGISTER. 
 
 Quarter ending , 1 8 
 
 Union. Workhouse School at 
 
 No. 
 
 NAMES. 
 
 Age 
 last 
 birth- 
 day. 
 
 Standard 
 in which 
 last 
 examined. 
 
 Attendances during the Week ended. 
 
 Total 
 Attend- 
 ances 
 for the 
 Quarter. 
 
 Xo. 
 
 
 
 Total 
 Attend- 
 
 M. 
 
 T. 
 
 W. 
 
 Th. 
 
 F. 
 
 S. 
 
 for the 
 Week. 
 
 i 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 i 
 
 2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 2 
 
 3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ttt 
 
 
 3 
 
 4 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 i 
 
 
 4 
 
 5 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 i_ 
 t 
 
 
 5 
 
 6 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 T3 
 
 
 6 
 
 7 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 . 
 C 
 
 
 7 
 
 8 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 z 
 
 i 
 
 
 8 
 
 9 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 e 
 S 
 
 3 
 
 
 9 
 
 10 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 O 
 bO 
 
 10 
 
 ii 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 5 
 
 
 ii 
 
 12 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 c 
 
 a 
 
 
 12 
 
 13 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 T3 
 
 
 '3 
 
 M 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 a 
 
 
 M 
 
 15 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 '5 
 
 16 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 16 
 
 17 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 17 
 
 18 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 18 
 
 
 Number of School meetings ) 
 during the Week . . . f 
 
 
 
 
 Total Number of School Meetings during the Quarter. 
 
 
 
 . Schoolmaster or Schoolmistress. 
 
 The schoolmaster or schoolmistress, as the case may be, is responsible for 
 the accurate keeping of this register. 
 
 Every attendance must be marked in ink at each meeting of the school ; the 
 morning attendance by a stroke marked thus / ; the afternoon attendance 
 thus \. 
 
 A horizontal line will denote that no meeting of the school has taken place. 
 
 Absence through sickness must be shown by the letter " S." 
 
 Absence on account of industrial work should be shown by the lelter " W." 
 
 Absence through any other cause should be shown by the letter " A." 
 
 There should be no erasures, and no blanks.
 
 ATTENDANCE REGISTER. 
 
 597 
 
 FORM No. 2. 
 
 SUMMARY OF ATTENDANCE REGISTER. 
 
 Year ending 18 . 
 
 Union. 
 
 No. 
 
 NAMES. 
 
 Standard 
 in which 
 last 
 examined. 
 
 Attendances during the Quarter 
 ended. 
 
 Total 
 Attendance 
 for the Year. 
 
 
 
 
 
 i 
 
 
 
 
 
 
 
 * 
 
 2 
 
 
 
 
 
 
 
 
 3 
 
 
 
 
 
 
 
 4 
 
 
 
 
 
 
 
 
 5 
 
 
 
 
 
 
 
 
 6 
 
 
 
 
 
 
 
 
 7 
 
 
 
 
 
 
 
 
 8 
 
 
 
 
 
 
 
 
 
 1 Totals . 
 
 
 
 
 
 FORM No. 2 continued. 
 
 NUMBER OF SCHOOL MEETINGS: 
 
 Quarter ended 
 Quarter ended 
 Quarter ended 
 Quarter ended . . , 
 
 * Average Number of Scholar;- 
 
 Total . 
 
 k'erage Number of Scholars \ 
 in attendance . . , J ' 
 
 * The Average Number of Scholars in attendance will be found by dividing the total 
 number of attendances by the total number of school meetings. 
 
 _ Schoolmaster or Schoolmistress. 
 
 Examined on behalf of the guardians, 
 
 (Clerk to the Guardians [or to the 
 
 \ Board of Management]. 
 
 Given under the Seal of Office of the Local Government 
 Board, this Third day of April, in the year One 
 thousand eight hundred and seventy-eight. 
 
 G. SCLATER-BOOTH, 
 
 President. 
 JOHN LAMBERT, 
 
 Secretary. 
 
 [An order to the like effect has been issued to the Board of Management of 
 the Metropolitan Asylums District with reference to the training-ship Exmouth.}
 
 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 INSTRUCTIONS OF SECRETARY OF STATE AS TO APPLICATIONS 
 FOR CERTIFICATES FOR DAY INDUSTRIAL SCHOOLS AND 
 REGULATIONS TO BE EMBODIED IN RULES OF SCHOOLS. 
 
 MANAGERS of a day industrial school desiring to have their school 
 certified under the Order in Council of the zoth day of March, 
 1877 [see p. 602], must make an application for the purpose to 
 the Secretary of State. 
 
 The application must specify 
 
 (a) The name and locality of the school. 
 
 (b) The constitution and powers of the governing body. 
 
 (c) The religious denomination (if any) with which the school 
 
 is connected. 
 
 (d) The conditions of age, sex, health, Sec., under which it 
 
 is proposed to receive children into the school. 
 
 (e) The maximum number of such children, and any other 
 
 particulars that may be deemed advisable. 
 
 The application must be accompanied by plans of the buildings 
 and premises of the proposed school. Such plans must show 
 the area, height, and connexion of the rooms, the external offices 
 and conveniences attached to the buildings, and necessary details 
 as to the drainage and ventilation, and as to the arrangements 
 for the officers. 
 
 The plans will not be approved unless the following conditions 
 are complied with : 
 
 (a) Site. There must (except in case of special circum- 
 
 stances) be attached to the school an extent of ground 
 sufficient for the exercise and recreation of the 
 children and to secure free ventilation. 
 
 (b) Drainage, Proper provision must be made for drainage. 
 (c} Internal Space. The schoolroom and day-rooms must 
 
 each be of such dimensions as to allow 10 square and 
 100 cubic feet for each child present therein. 
 (d) Lavatories. Sufficient lavatory accommodation must be 
 
 provided. 
 
 If on the favourable report of the inspector a certificate be 
 granted for the school, the rules of the school must be submitted, 
 for the Secretary of State's approval. 
 The rules must specify 
 
 (a) The name and locality of the school ;
 
 REGULATIONS OF SECRETARY OF STATE. 599 
 
 (b) The constitution and powers of the governing body ; 
 
 (c) The religious denomination (if any) with which the school 
 
 is connected ; 
 
 (d) The conditions of age, sex, health, &c., under which it 
 
 is proposed to receive children into the school ; 
 and must embody the following regulations : 
 
 1. Number. The number of children in the school shall not at 
 any time exceed the number for which the certificate has been 
 granted, except with the special sanction of the Secretary of 
 State. 
 
 2. Hours of Attendance. The school hours shall be from 8 A.M. 
 to 6 P.M., but the school shall be open to receive children at any 
 time in the morning after 6 A.M. 
 
 3. Dietary. The children shall be supplied with one or more 
 meals a day of plain wholesome food according to a dietary to be 
 approved by the inspector. 
 
 4. Instruction. The secular instruction shall consist of read- 
 ing, spelling, writing, dictation, arithmetic, and vocal music, and, 
 as far as practicable, the elements of geography and English 
 history. 
 
 It shall be given for three hours daily. 
 
 The religious instruction may be in accordance with the 
 religious denomination of the school, or if the school is connected 
 with no religious denomination, the daily course shall include 
 simple family worship, hymns, and the reading of the scriptures, 
 with explanations and instruction suitable to the age and capacity 
 of the children attending the school. But this rule is subject to 
 the 23rd clause of the said Order in Council, which provides that 
 no child shall attend any religious observance or any instruction 
 in religious subjects to which observance or instruction his parent 
 objects. 
 
 5. Industrial Training. The industrial training shall be, for 
 boys, farm or garden work or any common trade or handicraft ; 
 for girls, needlework, house-work, cooking, and, so far as practic- 
 able, training in household duties. 
 
 6. Time-table. A time-table, showing the hours of attendance, 
 school instruction, work, meals, &c., as approved by the inspector, 
 shall be kept conspicuously affixed in every schoolroom. 
 
 7. Discipline and Punishment. The superintendent of the 
 school shall be authorized to punish any child attending the 
 school in case of misconduct. Punishment may consist of for- 
 feiture of rewards and privileges ; confinement (not in a dark room) 
 during school hours ; or, in the case of boys, moderate personal 
 correction. All punishments, with the fault committed, shall be 
 recorded in a book kept for the purpose, to be laid before the 
 managers at their meetings, and to be open to the inspector for 
 examination. 
 
 8. Recreation. The children shall be allowed two hours daily
 
 600 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 for recreation and exercise, and may be taken out for exercise 
 beyond the boundaries of the school. 
 
 9. Visitors. The school shall be open to the inspection of 
 visitors at convenient times to be fixed by the managers. 
 
 10. Journal. The superintendent shall keep a journal in 
 which he shall record all that passes of any importance, to be laid 
 before the managers at their meetings and the inspector on his 
 visits. 
 
 1 1. Inspector. All books and journals of the school shall be 
 open to the inspector for examination, and, if he think it 
 necessary, he may examine any teacher employed in the instruc- 
 tion of the children. His consent shall be necessary to the 
 appointment of the principal schoolmaster and schoolmistress ; 
 and previous notice shall be given to him of the appointment or 
 discharge of the superintendent, and of the discharge of the 
 principal schoolmaster and schoolmistress. 
 
 12. Registers, Returns, &*c. The superintendent shall keep a 
 register of admissions with such particulars concerning the parent- 
 age and previous circumstances of each child as may be found 
 requisite. 
 
 He shall also keep a register of the attendances, distinguishing 
 therein the children according as they are sent under orders of 
 detention, or under attendance orders, or attend without any 
 order of Court. He shall submit such register of attendances, 
 duly vouched by himself and the managers, to the examination 
 of the inspector at the end of each quarter, and at such other 
 times as the inspector may require. He shall also regularly send 
 to the office of the inspector such returns and acounts as may be 
 required, and in the month of January in each year a full state- 
 ment of the receipts and expenditure of the school for the year 
 ended on the 3151 day of December previous, showing all debts 
 and liabilities duly vouched by the manager. 
 
 13. General. The officers and teachers of the school shall 
 maintain the discipline and order of the school, and carefully 
 attend to the instruction and training of the children in con- 
 formity with these rules and the provisions of the Order in 
 Council of the 2oth day of March, 1877, and the children shall 
 comply with these rules and obey the officers and teachers of the 
 school. 
 
 In pursuance of the Elementary Education Act, 1876, the 
 Secretary of State has made the following regulations : 
 
 i. In the case of a child sent to a certified day industrial school 
 under an attendance order or without an order of Court, the sum 
 which his parent shall undertake to pay towards the industrial 
 training, elementary education, and meals of such child shall be 
 such sum as may be agreed upon between the parent of the child 
 and the managers of the school, not less than is. and not more 
 than 2s. a week.
 
 REGULATIONS OF SECRETARY OF STATE. 6OI 
 
 2. An attendance at a certified day industrial school shall not 
 count for the purpose of the First Schedule to the Elementary 
 Education Act, 1876, unless it comprise three hours of secular 
 instruction. 
 
 3. The regulations made by the Secretary of State on the 
 same subject on the toth April, 1877, are hereby cancelled. 
 
 Whitehall, ^th January, 1878. 
 
 2 R
 
 ( 602 ) 
 
 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 ORDER IN COUNCIL OF 2 oTH OF MARCH, 1877. 
 
 AT THE COURT AT WINDSOR, THE 20TH DAY OF MARCH, 1877. 
 PRESENT, THE QUEEN'S MOST EXCELLENT MAJESTY IN 
 COUNCIL. 
 
 Whereas by the i6th section of the Elementary Education Act, 
 1876, it is enacted as follows : 
 
 If a Secretary of State is satisfied that, owing to the circum- 
 stances of any class of population in any school district, 
 a school in which industrial training, elementary edu- 
 cation, and one or more meals a day, but not lodging, 
 are provided for the children, is necessary or expedient 
 for the proper training and control of the children of 
 such class, he may, in like manner as under the Industrial 
 Schools Act, 1866, certify any such school (in this Act 
 referred to as a day industrial school) in the neighbour- 
 hood of the said population to be a certified day industrial 
 school. 
 
 # * * * * 
 
 It shall be lawful for Her Majesty from time to time, by 
 Order in Council, to apply to a certified day industrial 
 school the provisions of the Industrial Schools Act, 
 1866, and the Acts amending the same, with such 
 modifications as appear to Her Majesty to be necessary 
 or proper for adapting such provisions to a day industrial 
 school, and bringing them into conformity with this Act ; 
 and such order may provide that a child may be 
 punished for an offence by being sent to a certified 
 industrial, in lieu of a certified reformatory, school, or 
 may otherwise mitigate any punishment imposed by the 
 said Act. 
 
 * * * # # 
 
 Now, therefore, in pursuance of the above-mentioned Act, Her 
 Majesty is pleased, by and with the advice of Her Most Honour- 
 able Privy Council, to order that the following provisions, being 
 modified provisions of the Industrial Schools Act, 1866, and the 
 Acts amending the same, shall apply to certified day industrial 
 schools :
 
 ORDER IN COUNCIL. 603 
 
 Extent of Order. 
 
 1. This order shall not extend to Scotland or Ireland. 
 
 CONSTITUTION OF CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 Description of Day Industrial Schools and Managers, 29 &> 30 
 Viet, c. 1 1 8, s. 5. 
 
 2. A day industrial school within this order shall mean a school 
 in which industrial training, elementary education, and one or 
 more meals a day, but not lodging, are provided for the children. 
 
 The persons for the time being having the management or 
 control of such a school shall be deemed the managers thereof 
 for the purpose of this order. 
 
 Inspector of Day Industrial Schools, 29 6 30 Viet., c. 118, s. 6. 
 
 3. The person who for the time being is inspector of industrial 
 schools under the Industrial Schools Act, 1866, shall be also the 
 inspector of day industrial schools. 
 
 The Secretary of State may from time to time appoint a fit 
 person or persons to assist the inspector ; and every person so 
 appointed shall have such of the powers and duties of the in- 
 spector of day industrial schools as the Secretary of State from 
 time to time prescribes, but shall act under the direction of the 
 inspector. 
 
 Mode of certifying Day Industrial School, 29 dv 30 Viet., c. 118, 
 
 s. 7. 
 
 4. The Secretary of State may, on the application of the 
 managers of a day industrial school, direct the inspector of day 
 industrial schools to ascertain whether such school is in the neigh- 
 bourhood of any class of population in any school district, the 
 circumstances of which class are such that a day industrial school 
 is necessary or expedient for the proper training and control of 
 the children belonging to such class, and to examine into the 
 condition of the school with respect to which the application is 
 made, and its fitness for the reception of children to be sent there 
 under this order, and to report to him thereon, and the inspector 
 shall examine and report accordingly. 
 
 If satisfied with the report of the inspector, the Secretary of 
 State may, by writing under his hand, certify that the school is fit 
 for the reception of children under this order, and thereupon the 
 
 yfVinnl cViall He /-looma/-! o ^ortifioH A-zv inrlncfTinl srhnnl
 
 6D4 . CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 School not to b; a Certified Day Industrial School and also a Certified 
 Industrial School or Reformatory, 29 6 30 Viet., c. t.i8, s. S. 
 
 5. A school shall not be at the same time a certified day 
 industrial school under this order, and a certified industrial school 
 under the Industrial Schools Act, 1866, or any other Act, or a 
 certified reformatory school. 
 
 Notices of Certificate to be gazetted. 
 
 6. A notice of the grant of such certificate shall within one 
 month be inserted by order of the Secretary of State in the 
 London Gazette. 
 
 A copy of the gazette containing the notice shall be conclusive 
 evidence of the grant, which may also be proved by the certifi- 
 cate itself, or by an instrument purporting to be a copy of the 
 certificate, and attested as such by the inspector of day industrial 
 schools. 
 
 Inspection of School, 29 6* 30 Viet., c. 118, s. 10. 
 
 7. Every certified day industrial school shall from time to 
 time, and at least once in each year, be inspected by the inspector 
 of day industrial schools, or by a person appointed to assist him 
 as aforesaid. 
 
 Alterations, &c., of Buildings, 29 6* 30 Viet., c. 118, s. n. 
 
 8. No substantial addition or alteration shall be made to or in 
 the buildings of any certified day industrial school without the 
 approval in writing of the Secretary of State. 
 
 9. Powers of Prison Authority. 
 
 [This section, after citing sec. 16 of the Elementary Education 
 Act, 1876, provides as to the powers which a prison authority 
 shall have in relation to a certified industrial school.] 
 
 Powers of School Board. 
 
 10. Whereas by the i6th section of the Elementary Education 
 Act, 1876, it is enacted that a school board shall have the same 
 powers in relation to a certified day industrial school as they have 
 in relation to a certified industrial school : 
 
 And whereas by the 15111 section of the same Act it is enacted 
 as follows : 
 
 [For section 15 of the Elementary Education Act, 1876, see 
 p. 332, ante.] 
 
 It is hereby declared and ordered that the following powers 
 shall be exercisable by a school board :
 
 ORDER IN COUNCIL. 605 
 
 Power to contribute towards Establishment or Maintenance of School, 
 39 6- 40 Viet., c. 79, s. 16 ; 33 6- 34 Viet., c. 75, s. 27 ; 29 6 
 30 Viet., c. 118, s. 12 ; 36 6** 37 Viet., c. 86, .y. 14. 
 
 (a) A school board 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 day 
 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 
 certified day industrial school, or towards the purchase of land 
 required either for the use of an existing certified day industrial 
 school, or for the site of a school intended to be a certified day 
 industrial school. Provided 
 
 istly. That not less than fourteen days' previous notice of the 
 intention of the school board, at a time and place to be men- 
 tioned in such notice, to take into consideration the making 
 of such contribution, be given by advertisement in some one or 
 more public newspaper or newspapers circulated within the school 
 district, and also in the manner in which notices relating to 
 business to be transacted by the school board, are usually 
 given, (i) 
 
 2ndly. That where the contribution is for alteration, enlarge- 
 ment, 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, enlarge- 
 ment, rebuilding, establishment, building, or purchase. 
 
 Power to establish and maintain School. 
 
 (fr) A school board may also, with the consent of the Secretary 
 of State, establish, build, and maintain a certified day industrial 
 school, and shall for that purpose have the same powers as they 
 have for the purpose of providing sufficient school accommoda- 
 tion for their district ; and may further, with the like consent, 
 spread the payment for such establishment and building over 
 a number of years not exceeding fifty, and borrow money for 
 that purpose (2) ; and for the purpose of such borrowing sec. 10 of 
 the Elementary Education Act, 1873, shall be held to apply to 
 
 (1) This provision is in accordance with the first proviso to sec. 12 of the 
 Industrial Schools Act and sec. 14 of the Elementary Education Act, 1873. 
 But sec. 9 of the Youthful Offenders Act, 1901 (see p. 522, ante), pro- 
 vides that where a local authority acting in pursuance of the Elementary 
 Education Acts, 1870 to 1900, agree to contribute a weekly payment towards 
 the maintenance of any child in any industrial school, the requirements of 
 the first proviso to sec. 12 of the Industrial Schools Act, 1866, and of sec. 14 
 of the Elementary Education Act, 1873 (relating to previous notice of intention 
 to contribute), shall not apply. 
 
 (2) As to borrowing powers, see 39 & 40 Viet., c. 79, s. 15, p. 332.
 
 606 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 the loan in like manner as if a Secretary of State were substituted 
 therein for the Education Department, and such establishment 
 and building shall be deemed to be a work for which a school 
 board is authorized to borrow within the meaning of the First 
 Schedule of the Public Works Loans Act, 1875. 
 
 A certified day industrial school so established, built, or main- 
 tained by a school board shall be subject to the jurisdiction 
 of the Secretary of State, and not of the Education Department, 
 and shall be subject to the provisions of this order. Provided 
 always 
 
 That none of the powers declared by this clause of this order 
 to be exerciseable by a school board shall be exerciseable in the 
 case of a certified day industrial school which the council of the 
 borough, as the prison authority, has maintained during not less 
 than six months before the election of the original board, so long 
 as the council themselves continue to maintain such school. 
 
 Mode of obtaining Approval of Secretary of State, 
 29 6- 30 Viet., c. 118, s. 13. 
 
 11. In order to obtain the approval of the Secretary of State as 
 aforesaid where required, the managers of the school, or promoters 
 of the intended school, shall forward to the Secretary of State 
 particulars of the proposed establishment or purchase, and a plan 
 of the proposed alteration, enlargement, rebuilding, or building 
 drawn on such scale, and accompanied by such particulars and 
 estimate of cost, as the Secretary of State thinks fit to require ; 
 and the Secretary of State may approve of the particulars and plan 
 submitted to him, with or without modification, or may disapprove 
 of the same, and his approval or disapproval shall be certified by 
 writing under his hand. 
 
 CLASSES OF CHILDREN IN CERTIFIED DAY INDUSTRIAL 
 SCHOOLS. 
 
 (39 6- 40 Viet., c. 79, s. 16.) 
 
 12. Whereas it is enacted by sec. 16 of the Elementary Educa- 
 tion Act, 1876, that any child authorized by the Industrial Schools 
 Act, 1866, to be sent to a certified industrial school may, if the 
 Court before whom the child is brought think it expedient, be 
 sent to a certified day industrial school, it is hereby ordered and 
 declared as follows : 
 
 Children sent under Order of Detention (a) Children under Fourteen 
 Years of Age found Begging, &>c., 29 & 30 Viet., c. 118, s. 14. 
 
 (a) Any person may bring before a court of summary jurisdic- 
 tion any child apparently under the age of fourteen years that 
 comes within either of the following descriptions, namely :
 
 ORDER IN COUNCIL. 607 
 
 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 so begging 
 or receiving alms ; 
 
 That frequents the company of reputed thieves. 
 
 The Court before whom a child is brought as coming within 
 one of these descriptions, if satisfied on inquiry of that fact, and 
 that it is expedient to deal with him under this order, may by an 
 order of detention order him to be sent to a certified day industrial 
 school. 
 
 Children under Twelve Years of Age charged with Offences, 
 29 <5 30 Viet., c. 1 1 8, s. 15. 
 
 (If) Where a child apparently under the age of twelve years is 
 charged before a court of summary jurisdiction with an offence 
 punishable by imprisonment or a less punishment, but has not 
 been convicted in England or Ireland of felony, or in Scotland of 
 theft, and the child ought, in the opinion of the Court (regard 
 being had to his age, and to the circumstances of the case), to be 
 dealt with under this order, the Court may, by an order of 
 detention, order him to be sent to a certified day industrial 
 school. 
 
 Refractory Children under fourteen Years of Age in Charge of 
 Parent, 6<r., 29 6" 30 Viet., c. 118, s. 16. 
 
 (c) Where the parent of a child apparently under the age of 
 fourteen years represents to a court of summary jurisdiction that 
 he is unable to control the child, and that he desires that the 
 child be sent to a certified day industrial school, the Court, if 
 satisfied on inquiry that it is expedient to deal with the child 
 under this order, may by an order of detention order him to be 
 sent to a certified day industrial school. 
 
 Such order of detention shall be made in manner hereinafter 
 provided in that behalf. 
 
 Children sent under Attendance Order. 
 
 13. Whereas by sec. n of the Elementary Education Act, 1876, 
 it is enacted in the following terms : 
 
 If either 
 
 (E.) The parent of any child above the age of five years who 
 is under this Act prohibited from being taken into full time 
 employment, habitually and without reasonable excuse neglects 
 to provide efficient elementary instruction for his child ; or 
 
 (2.) Any child is found habitually wandering or not under 
 proper control, or in the company of rogues, vagabonds, disorderly 
 persons, or reputed criminals; it shall be the duty of the
 
 608 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 local authority, after due warning to the parent of such 
 child, to complain to a court of summary jurisdiction, and 
 such Court may, if satisfied of the truth of such complaint, 
 order that the child do attend some certified efficient school 
 willing to receive him and named in the order, being either such 
 as the parent may select, or, if he do not select any, then such 
 public elementary school as the Court think expedient, and 
 the child shall attend that school every time that the school is 
 open, or in such other regular manner as is specified in the 
 order. 
 
 An order under this section is in this Act referred to as an 
 attendance order. 
 
 Any of the following reasons shall be a reasonable excuse : 
 
 (i.) That there is not within two miles, measured according to 
 the nearest road, from the residence of such child any public 
 elementary school open which the child can attend ; or 
 
 (2.) That the absence of the child from school has been caused 
 by sickness or any unavoidable cause. 
 
 And whereas by sec. 16 of the same Act it is declared that a 
 certified day industrial school shall be deemed to be a certified 
 efficient school within the meaning of the Act : 
 
 It is hereby ordered and declared that in the event of the 
 Court determining to make an attendance order requiring a child 
 to attend a certified day industrial school, such attendance order 
 shall be made in manner hereinafter provided in that behalf. 
 
 Children sent under Order of Detention for Non-compliance with 
 Attendance Order. 
 
 14. Whereas it is enacted by sec. 12 of the Elementary Educa- 
 tion Act, 1876, in the following terms : 
 
 Where an attendance order is not complied with, without any 
 reasonable excuse within the meaning of this Act, a court of 
 summary jurisdiction, on complaint made by the local authority, 
 may, if it think fit, order as follows : 
 
 (i.) In the first case of non-compliance, if the parent of the 
 child does not appear, or appears and fails to satisfy the Court 
 that he has used all reasonable efforts to enforce compliance with 
 the order, the Court may impose a penalty not exceeding with the 
 costs five shillings ; but if the parent satisfies the Court that he 
 has used all reasonable efforts as aforesaid, the Court may, with- 
 out inflicting a penalty, order the child to be sent to a certified 
 day industrial school, or if it appears to the Court that there is no 
 such school suitable for the child, then to a certified industrial 
 school ; and 
 
 (2.) In the second or any subsequent case of non-compliance 
 with the order, the Court may order the child to be sent to a 
 certified day industrial school, or if it appears to the Court that 
 there is no such school suitable for the child then to a certified
 
 ORDER IN COUNCIL. 609 
 
 industrial school, and may further in its discretion inflict any such 
 penalty as aforesaid, or it may for each such non-compliance 
 inflict any such penalty as aforesaid without ordering the child to 
 be sent to an industrial school. 
 
 Provided that a complaint under this section with respect to a 
 continuing non-compliance with any attendance order shall not 
 be repeated by the local authority at any less interval than two 
 weeks. 
 
 It is hereby ordered and declared that if on non-compliance 
 with an attendance order a court of summary jurisdiction, in 
 pursuance of the said sec. 12 of the said Act, order a child to be 
 sent to a certified day industrial school, such order shall be an 
 order of detention within the meaning of this order, and shall be 
 made in manner hereinafter provided in that behalf. 
 
 Children attending School without Order of Court. 
 
 15. Whereas by sec. 16 of the Elementary Education Act, 
 1876, it is enacted to the effect that the managers of a certified 
 day industrial school may upon the request of a local authority 
 and of the parent of a child, and upon the undertaking of the 
 parent to pay towards the industrial training, elementary educa- 
 tion, and meals of such child, such sum, not less than one 
 shilling a week, as the Secretary of State from time to time 
 fixes, receive such child into the school without an order of 
 court : 
 
 It is hereby ordered that in such case as aforesaid the under- 
 taking of the parent may be made as hereinafter provided in that 
 behalf. 
 
 Duty of Local Authority as to taking Proceedings. 
 
 1 6. Whereas by sec. 13 of the Elementary Education Act, 
 1876, it is enacted as follows : 
 
 Where the local authority are informed by any person of any 
 child in their jurisdiction who is stated by that person to be liable 
 to be ordered by a Court under this Act to attend school, or to 
 be sent under this Act, or the Industrial Schools Act, 1866, to an 
 industrial school, it shall be the duty of the local authority to take 
 proceedings under this Act or the Industrial Schools Act, 1866, 
 accordingly, unless the local authority think that it is inexpedient 
 to take such proceedings. 
 
 Provided that nothing in this section shall relieve the local 
 authority from the responsibility of performing their duty under 
 the other provisions of this Act. 
 
 It is hereby ordered and declared that in any proceedings taken 
 by a local authority with a view to obtaining an order of detention 
 ordering a child to be detained in a certified day industrial school,
 
 6lO CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 or an attendance order requiring a child to attend a certified day 
 industrial school, the provisions of this order, so far as the same 
 may be applicable, shall be strictly observed. 
 
 Child attending Certified Day Industrial School in Pursuance of 
 License from the Managers of Certified Industrial School. 
 
 17. Whereas by the 1 4th section of the Elementary Education 
 Act, 1876, it is enacted as follows : 
 
 Where a child is sent to a certified industrial school under 
 this Act, or the Industrial Schools Act, 1866, upon the com- 
 plaint or representation of the local authority under this Act, the 
 managers of such school may, if they think fit, at any time after 
 the expiration of one month after the child is so sent, give him 
 a license under sec. 27 of the Industrial Schools Act, 1866, to 
 live out of the school, but the license shall be conditional upon 
 the child attending as a day scholar, in such regular manner as is 
 specified in the license, some school willing to receive him and 
 named in the license, and being a certified efficient school. 
 
 It is hereby ordered, that any child who in pursuance of such a 
 license attends a certified day industrial school shall be subject to 
 the provisions of this order relating to a child attending a certified 
 day industrial school without an order of court. 
 
 PROVISIONS AS TO ORDERS OF DETENTION, ATTENDANCE 
 ORDERS, CONTRIBUTIONS OF PARENTS, &c. 
 
 18. Whereas it is enacted by the i6th section of the Elementary 
 Education Act, 1876, as follows : 
 
 Where a court of summary jurisdiction orders otherwise than 
 by an attendance order under this Act a child to be sent to a 
 certified day industrial school, the Court shall also order the 
 parent of such child, if liable to maintain him, to contribute to his 
 industrial training, elementary education, and meals in the school 
 such sum not exceeding two shillings per week as is named in the 
 order ; it shall be the duty of the local authority to obtain and 
 enforce the said order, and every sum paid under the order shall 
 be paid over to the local authority in aid of their expenses under 
 this Act ; if a parent resident in any parish is unable to pay the 
 sum required by the said order to be paid, he shall apply to 
 the guardians having jurisdiction in the parish, who, if satisfied 
 of such inability, shall give the parent sufficient relief to pay the 
 said sum, or so much thereof as they consider him unable to pay, 
 and the money so given shall be charged to the parish as provided 
 by this Act in the case of money given for the payment of school 
 fees.
 
 ORDER IN COUNCIL. 6ll 
 
 Hours during which Child may be detained at School under Order of 
 
 Detention. 
 
 And whereas by the same section of the Elementary Education 
 Act, 1876, it is enacted that any child sent to a certified day 
 industrial school by an order of a court (other than an attendance 
 order under that Act) may during the period specified in the 
 order be there detained during such hours as may be authorized 
 by the rules of the school approved by the said Secretary of State, 
 in this order referred to under the expression " school hours :" (i) 
 
 Form and Contents of Order sending Child to School, 29 <S 30 Viet, 
 c. 118, s. 18. 
 
 It is hereby ordered that with respect to an order of detention 
 in a certified day industrial school the following provisions shall 
 apply : 
 
 (a) The order of detention shall be in writing signed by the 
 magistrate or one of the justices constituting the court of summary 
 jurisdiction, and shall specify the name of the school. 
 
 (b) The school shall be some certified day industrial school 
 within two miles of the residence of the child (whether situate 
 within the jurisdiction of the court making the order or not) the 
 managers of which are willing to receive the child ; and in 
 determining on such school the Court shall endeavour to ascertain 
 the religious persuasion to which the child belongs, and shall if 
 possible select a school conducted in accordance with such 
 religious persuasion, and the order shall specify such religious 
 persuasion. 
 
 (c) The order shall specify the period for which the child is 
 during school hours to be detained in the school, being such 
 period Is to the Court seems proper for the teaching and training 
 of the child, but not in any case for more than three years or 
 extending beyond the time when the child will attain the age of 
 fourteen years. 
 
 Order to be Warrant for Detention, 29 d^ 30 Viet., c. 118, s. 22. 
 
 (d) The order of detention in a school shall be forwarded to the 
 managers of the school, and shall be a sufficient warrant for the 
 detention of the child there during school hours ; and the reception 
 of the child by the managers of the school shall be deemed to be 
 an undertaking by them to provide him with industrial training, 
 elementary education, and one or more meals a day, but not 
 lodging, during the whole period for which he is liable to be 
 detained in the school, or until the withdrawal or resignation of 
 the certificate of the school takes effect, or until the contribution 
 
 (i) See also Order in Council, dated 25th October, 1881, as to licence 
 exempting from attendance at certified day industrial school, p. 626.
 
 6l2 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 to the school out of money provided by Parliament is discontinued 
 whichever shall first happen. 
 
 29 &> 30 Viet., c. 118, .$. 20. 
 
 (<?) If the parent, step-parent, or guardian, or if there be no 
 parent, step-parent, or guardian, then the god-parent or nearest 
 adult relative of a child sent or about to be sent under an order 
 of detention to a certified day industrial school which is not con- 
 ducted in accordance with the religious persuasion to which the 
 child belongs, states to the court of summary jurisdiction, by whom 
 the order of detention has been or is about to be made, that he 
 objects to the child being sent to or detained in the school 
 specified or about to be specified in the order, and names another 
 certified day industrial school within two miles of the residence of 
 the child which is conducted in accordance with the religious per- 
 suasion to which the child belongs, and signifies his desire that the 
 child be sent thereto, then and in every such case the Court shall 
 upon proof of such child's religious persuasion, comply with the 
 request of the applicant, provided 
 
 First, that the application be made before the child has been 
 sent to a certified day industrial school or within thirty days 
 after his arrival at such school. 
 
 Secondly, that the applicant show to the satisfaction of the 
 court of summary jurisdiction that the managers of the school 
 named by him are willing to receive the child. 
 
 Provisions as to Attendance Order. 
 
 19. Whereas it is enacted by the i6th section of the Elementary 
 Education Act, 1876, that the managers of a certified day industrial 
 school may, on the request of a local authority and of the parent 
 of a child, and on the undertaking of the parent to pay towards 
 the industrial training, elementary education, and meals of such 
 child not less than one shilling a week, as a Secretary of State 
 from time to time fixes, receive such child into the school under 
 an attendance order : 
 
 And whereas by the nth section of the same Act it is enacted 
 in effect that any child under an attendance order requiring him 
 to attend a certified day industrial school shall attend that school 
 every time that the school is open, or in any other regular manner 
 as is specified in the order : 
 
 It is hereby ordered that with respect to an attendance order 
 requiring attendance in a certified day industrial school, the 
 following provisions shall apply : 
 
 (a) The attendance order shall be in writing signed by the 
 magistrate or one of the justices constituting the court of summary 
 jurisdiction, and shall specify the name of the school, and the
 
 ORDER IN COUNCIL. 613 
 
 religious persuasion to which the child appears to the Court to 
 belong. 
 
 () The school shall be some certified day industrial school, 
 the managers of which are willing to receive the child, and shall 
 be selected by the parent, and shall be situated within two miles 
 of the residence of the child. 
 
 (c) The attendance order shall specify the period for which the 
 child is to attend the school, being such period as to the court 
 seems proper, but not in any case for more than one year or 
 extending beyond the time when the child will attain the age of 
 fourteen years. 
 
 (d) Unless the order otherwise specifies, the child shall, so long 
 as the attendance order is in force, attend the school every time 
 that the school is open. 
 
 (e) The attendance order shall be forwarded to the managers of 
 the school, and the reception of the child by the managers of the 
 school shall be deemed to be an undertaking by them to provide 
 him with industrial training, elementary education, and one or 
 more meals a day, but not lodging, during the whole period during 
 which such attendance order is in force, or until the withdrawal or 
 resignation of the certificate of the school takes effect, or until the 
 contribution to the school of money provided by Parliament is 
 discontinued, whichever shall first happen ; provided that such 
 undertaking of the managers shall be suspended during any week 
 with respect to which the contribution of the parent has not been 
 paid in advance. 
 
 Provisions as to Child attending without Order of Court. 
 
 20. Whereas it is enacted by the i6th section of the Elementary 
 Education Act, 1876, that the managers of a certified day 
 industrial school may, on the request of a local authority and of 
 the parent of a child, and on the undertaking of the parent to pay 
 towards the industrial training, elementary education, and meals 
 of such child such sum, not less than one shilling a week, as a 
 Secretary of State from time to time fixes, receive such child into 
 the school without an order of the court ; it is hereby ordered that 
 the reception of the child by the managers of a school shall be 
 taken to be an undertaking by them to provide him with industrial 
 training, elementary education, and one or more meals a day, but 
 not lodging, for the term agreed upon with the managers or until 
 the withdrawal or resignation of the certificate of the school takes 
 effect, or until the contribution to the school of money provided 
 by Parliament is discontinued, whichever shall first happen ; 
 provided that such undertaking of the managers shall be suspended 
 during any week with respect to which the contribution of the 
 parent has not been paid in advance. 
 
 The undertaking of the parent shall specify the religious
 
 614 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 persuasion to which the child belongs, and may be made in the 
 form set forth in the schedule hereto. 
 
 PARLIAMENTARY GRANT TO AND MANAGEMENT OF SCHOOL. 
 
 Inspector to see that Conditions as to Parliamentary Grant are 
 
 observed. 
 
 21. Whereas it is enacted by the i6th and iyth sections of the 
 Elementary Education Act, 1876, as follows : 
 
 There may be contributed out of moneys provided by parlia- 
 ment towards the custody, industrial training, elementary educa- 
 tion, and meals of children sent by an order of a court other than 
 an attendance order under this Act to a certified day industrial 
 school such sums not exceeding one shilling per head per week, 
 and on such conditions as a Secretary of State from time to time 
 recommends. 
 
 ***** 
 
 The managers of a certified day industrial school may, upon 
 the request of a local authority and of the parent of a child, and 
 upon the undertaking of the parent to pay towards the industrial 
 training, elementary education, and meals of such child such sum, 
 not less than one shilling a week, as a Secretary of State from 
 time to time fixes, receive such child into the school under an 
 attendance order or without an order of a court ; and there may 
 be contributed out of moneys provided by Parliament in respect 
 of that child such sum not exceeding sixpence a week and on 
 such conditions as a Secretary of State from time to time 
 recommends. 
 
 ***** 
 
 The conditions of a parliamentary contribution to a certified 
 day industrial school, to be recommended by the Secretary of 
 State, shall provide for the examination of the children according to 
 the standards of proficiency for the time being in force for the 
 purposes of a parliamentary grant to public elementary schools ; 
 but may vary the amounts of the contributions to be made in 
 respect of such standards respectively. 
 
 Any conditions recommended by a Secretary of State for the 
 purposes of contributions to a day industrial school shall be laid 
 before Parliament in the same manner as Minutes of the Educa- 
 tion Department relating to the annual parliamentary grant. 
 
 It is hereby ordered that it shall be the duty of the inspector of 
 day industrial schools, acting under the directions of the Secretary 
 of State, to ascertain that such conditions have been duly 
 observed, (i) 
 
 (i) For recommendations made by the Secretary of State under sees. 16 and 
 17 of the Education Act, 1876, with reference to parliamentary grants, see 
 p. 628.
 
 ORDER IN COUNCIL. 6l5 
 
 Inspector to see that Certain Provisions of Elementary Education Act, 
 1876, and Regulations of Education Department as to Certificates 
 and Registers are observed. 
 
 22. Whereas by the 5th section of -the Elementary Education 
 Act, 1876, it is enacted that a person shall not take into his 
 employment (except as thereinafter in the said Act mentioned) 
 any child who, being of the age of ten years or upwards, has not 
 obtained such certificate either of his proficiency in reading, 
 writing, and elementary arithmetic, or of previous due attendance 
 at a certified efficient school (which includes a certified day 
 industrial school) as is in that Act in that behalf provided, unless 
 in the circumstances specified in the said section : 
 
 And whereas by sec. 24 of the same Act it is enacted as 
 follows : 
 
 [See sec. 24 of the Elementary Education Act, 1876, p. 339.] 
 
 And whereas the First Schedule to the said Act provides that 
 for the purpose of employment the standards shall be the 
 following : 
 
 (i.) The standard of proficiency in reading, writing, and 
 elementary arithmetic for the purpose of a certificate under this 
 Act enabling a child to be employed shall be the standard of 
 reading, writing, and elementary arithmetic fixed by standard 
 four of the Code of 1876, or any higher standard. 
 
 (2.) The standard of previous due attendance at a certified 
 efficient school for the purpose of a certificate under this Act 
 enabling a child to be employed shall be 250 [now 350, see p. 355] 
 attendances after five years of age in not more than two schools 
 during each year for five years, whether consecutive or not. 
 
 [Sec. 3 was repealed by the 43 & 44 Viet., c. 23, sec. 6, ante.~\ 
 
 And whereas by the same schedule it is further provided that 
 attendance for the purpose of the said schedule, where the 
 attendance is at a certified day industrial school, includes such 
 attendance as may be from time to time directed for the purpose 
 by a Secretary of State; and that the Code of 1876 in the said 
 schedule means, in England, the Code of the Minutes of the 
 Education Department made in the year 1876 with respect to the 
 parliamentary grant to public elementary schools in England : 
 
 It is hereby ordered that it shall be the duty of the inspector of 
 day industrial schools to see that the provisions of the said Act 
 and the regulations of the Education Department as to certificates 
 and registers, and other matters relating thereto, be strictly 
 observed in certified day industrial schools. 
 
 29 6^ 30 Viet., c. 118, s. 25. 
 
 23. A minister of the religious persuasion which, as the case 
 may be, is specified in the order of detention or attendance order
 
 6l6 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 as that to which the child appears to the Court making the order 
 to belong, or specified in the undertaking of the parent of a child 
 attending the school without an order of court as that to which 
 the child belongs, may visit the child at the school on such days 
 and at such times as are from time to time fixed by regulations 
 made by the Secretary of State for the purpose of instructing him 
 in religion. 
 
 33 & 34 Viet., c. 75, s. 7. (i) 
 
 It shall not be required as a condition of any child being 
 admitted into or continuing in a certified day industrial school, 
 whether under an order of detention, attendance order, or other- 
 wise, that he shall attend or abstain from attending any Sunday 
 school or any place of worship, or that he shall attend any 
 religious observance or any instruction in religious subjects in the 
 school or elsewhere to which observance or instruction his parent 
 objects, 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, and the parent 
 may, on any such day, withdraw the child accordingly. 
 
 Ruies of Schooi, to be approved by Secretary of State, 
 29 6* 30 Viet., c. 118, s. 29. 
 
 24. The managers of a certified day industrial school may from 
 time to time make rules for the management and discipline of 
 the school, not being inconsistent with the provisions of this 
 Order ; but those rules shall not be enforced until they have been 
 approved in writing by the Secretary of State ; and rules so 
 approved shall not be altered without the like approval (i) 
 
 A printed copy of rules purporting to be the rules of a school 
 so approved and to be signed by the inspector of day industrial 
 schools shall be evidence of the rules of the school. 
 
 Evidence as to Reception in School, &c., 29 6 30 Viet., c. 118, s. 30. 
 
 25. A certificate purporting to be signed by one of the 
 managers of a certified day industrial school or their secretary, or 
 by the superintendent or other person in charge of the school, to 
 the effect that the child therein named was duly received into and 
 is at the signing thereof liable to detention in the school under 
 an order of detention, or required to attend thereat under an 
 attendance order, or has been duly discharged or removed there- 
 from, or otherwise disposed of according to law, shall be evidence 
 of the matters therein stated. 
 
 (i) For instructions issued by the Secretary of State as to the regulations 
 to be embodied in he rules, see p. 598.
 
 ORDER IN COUNCIL. 
 
 School presumed to be Certified, 29 6* 30 Viet., c. 118, s. 18. 
 
 26. The industrial school named in an order of detention or an 
 attendance order shall be presumed to be a certified day industrial 
 school until the contrary is shown. 
 
 Evidence of Order of Detention or Attendance Order, 
 29 6 30 Viet., c. 118, s. 24. 
 
 27. An instrument purporting to be an order of detention, or 
 an attendance order, and to be signed by two justices or a magis- 
 trate, or purporting to be a copy of such an order and to be 
 certified as such a copy by the clerk to the court by whom the 
 order was made, shall be evidence of the order. 
 
 OFFENCES AT SCHOOL, &c. 
 
 Penalty for Child under Detention Order not attending School or 
 not conforming to Rtiles, 29 <S 30 Viet., c. 1 1 8, s. 32. 
 
 28. Where an order of detention has been made, ordering a 
 child to be sent to a certified day industrial school, then if whilst 
 such order is in force the child wilfully neglects to attend thereat, 
 or wilfully neglects or wilfully refuses to conform to the rules of 
 the school, he shall be guilty of an offence against this Order, and 
 may at any time before the expiration of his period of detention 
 be apprehended without warrant, and brought before a court of 
 summary jurisdiction, and on summary conviction of such offence 
 shall be liable to be sent to a certified industrial school as if he 
 were a child coming within the provisions of the i4th section of 
 the Industrial Schools Act, 1866, or in the discretion of the Court 
 to be so sent in default of the child finding a surety or sureties 
 for his due attendance at school and in conformity with the rules 
 thereof for a period of six months. Provided that the Court, if it 
 think fit, may without proceeding to conviction dismiss the child 
 with a warning. 
 
 Penalty for preventing Child from attending School in accordance 
 with Order of Detention, 29 6* 30 Vict.,c. 118, s. 33. 
 
 29. Where an order of detention has been made ordering a 
 child to be sent to a certified day industrial school, then if, whilst 
 such order is in force, any person knowingly induces the child not 
 to attend such school, or knowingly prevents or knowingly assists 
 in preventing him from attending such school, or knowingly 
 conceals the child in order that he may not be sent to such school, 
 he shall be guilty of an offence against this order, and on con- 
 viction thereof before a court of summary jurisdiction shall be 
 liable to a penalty not exceeding ^5. 
 
 2 S
 
 6l8 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 DISCHARGE, &c., OF CHILDREN FROM SCHOOL. 
 Discharge by Secretary of State or Coiirt of Summary Jurisdiction. 
 
 30. An order of discharge of a child from an order of detention 
 or an attendance order may be made 
 
 (a) By the Secretary of State ; or 
 
 (b) By the same court of summary jurisdiction as that which 
 made the original order upon the application or with the consent, 
 in the case of a child under an order of detention, of the local 
 authority or prison authority at whose instance such order of 
 detention was made, and, in the case of a child under an attend- 
 ance order, of the local authority. 
 
 Transfer by Court of Summary Jurisdiction. 
 
 31. A child under an order of detention or attendance order 
 may, by an order of transfer made by a court of summary juris- 
 diction, be transferred to another certified day industrial school, 
 the managers whereof are willing to receive him, subject to the 
 following provisions : 
 
 (i.) The court making the order of transfer shall be the same 
 court as that which made the original order of detention or 
 attendance order. 
 
 (2.) The order of transfer shall not be made, in the case of a 
 child under an order of detention, except on the application of 
 the local authority or prison authority or the parent of the child, 
 and, in the case of a child under an attendance order, except on 
 the request of the local authority and the parent. 
 
 (3.) The residence of the child shall be either the same as at 
 the date of the original order, or in a place under the jurisdiction 
 of the same guardians. 
 
 (4.) The school, in the case of a child under an order of 
 detention, shall, if possible, be a school conducted in accordance 
 with the religious persuasion specified in such order as that to 
 which the child appears to belong ; and, in the case of a child 
 under an attendance order, shall be selected by the parent ; and 
 in either case shall be within two miles of the residence of the 
 child. 
 
 (5.) The order of transfer shall specify the religious persuasion 
 to which such child belongs. 
 
 (6.) The order of transfer shall be forwarded to the managers 
 of the school named therein. 
 
 Upon the making of an order of transfer the original order, 
 and the undertaking (if any) made by the parent to contribute, 
 shall continue to apply as if for the school named in the original 
 order and undertaking there were substituted the school named 
 in the order of transfer.
 
 ORDER IN COUNCIL. 619 
 
 The power conferred by this clause of transferring a child 
 under an order of detention shall be in addition to the provision 
 for transfer contained in the 1 8th clause of this order. 
 
 WITHDRAWAL, &c., OF CERTIFICATE OF SCHOOL. 
 
 Power for Secretary of State to withdraw Certificate, 
 29 6~" 30 Viet., c. 1 1 8, s. 44. 
 
 32. Whereas it is enacted by the i6th section of the Elemen- 
 tary Education Act, 1876, as follows : 
 
 If a Secretary of State is of opinion that, by reason of a change 
 of circumstances or otherwise, a certified day industrial school 
 ceases to be necessary or expedient for the proper training and 
 control of the children of any class of population in the neigh- 
 bourhood of that school, he may, after due notice, withdraw the 
 certificate of the school, and thereupon such school shall cease 
 to be a certified day industrial school. 
 
 Provided that the reasons for withdrawing such certificate shall 
 be laid before both Houses of Parliament within one month after 
 notice of the withdrawal is given, if Parliament be then sitting, 
 or if not, within one month after the then next meeting of 
 Parliament. 
 
 It is hereby ordered that such notice shall be under the hand 
 of the Secretary of State, and shall be addressed to and served on 
 the managers of such school, and shall declare that the certificate 
 of the school is withdrawn as from a time specified in the notice, 
 not being less than six months after the date thereof; and at that 
 time the certificate shall be deemed to be withdrawn accordingly, 
 and the school shall thereupon cease to be a certified day 
 industrial school. 
 
 Resignation of Certificate by Managers, 29 d^ 30 Viet., c. 118, 
 
 s. 45. 
 
 33. The managers or the executors or administrators of a 
 deceased manager (if only one) of a certified day industrial 
 school may give notice in writing to the Secretary of State of 
 their intention to resign the certificate of that school, and at the 
 expiration in the case of managers of six months, and in the case 
 of executors or administrators of one month, from the receipt 
 of that notice by the Secretary of State (unless before that time 
 the notice is withdrawn), the certificate shall be deemed to be 
 resigned accordingly, and the school shall thereupon cease to be 
 a certified day industrial school.
 
 62O CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 Gazetting and Evidence of Withdrawal, 6<r., 29 6 30 Viet., 
 c. 1 1 8, s. 46. 
 
 34. A notice of the withdrawal or resignation of the certificate 
 of a certified day industrial school shall within one month be 
 inserted by order of the Secretary of State in the London 
 Gazette. 
 
 A copy of the Gazette containing such notice shall be con- 
 clusive evidence of such withdrawal or resignation. 
 
 A certificate shall be presumed to be in force until the with- 
 drawal or resignation thereof is proved. 
 
 Cesser of Reception of Children on Notice, &*c., 29 & 30 Viet., 
 c. 118, s. 47. 
 
 35. Where notice is given of the withdrawal or resignation of 
 the certificate of a certified day industrial school, no child shall 
 be received into the school under this order after the receipt by 
 the managers of the school of the notice of withdrawal, or after 
 the date of the notice of resignation, as the case may be, but the 
 obligation of the managers to provide industrial training, elemen- 
 tary education, and one or more meals a day, but not lodging, for 
 the children who may at the time of such receipt or at the date 
 of such notice be attending such school, whether under an order 
 of detention, or under an attendance order, or without an order, 
 shall, except as far as the Secretary of State otherwise directs, be 
 deemed to continue until the withdrawal or resignation of the 
 certificate takes effect, or until the contribution out of money 
 provided by Parliament towards the school is discontinued, 
 whichever shall first happen ; provided that in the case of a child 
 attending school under an attendance order, or without an order, 
 such obligation shall be suspended during any week in respect of 
 which the contribution of the parent has not been paid in 
 advance. 
 
 Discharge or Transfer of Children detained, &>c., 29 6 s * 30 Viet., 
 c. 1 1 8, s. 48. 
 
 36. Where a school ceases to be a certified day industrial 
 school, the children who are under an order of detention or order 
 of attendance at the school shall be discharged by order of the 
 Secretary of State, or transferred in manner aforesaid to some 
 other certified day industrial school by orders of transfer made 
 by a court of summary jurisdiction. 
 
 MISCELLANEOUS. 
 Use of Forms in Schedule, 29 6- 30 Viet., e. 118, s. 52. 
 
 37. No summons, notice, or order made for the purpose of 
 carrying into effect the provisions of this order shall be
 
 ORDER IN COUNCIL. 621 
 
 invalidated for want of form only; and the forms in the schedule 
 to this order annexed, or forms to the like effect, may be used in 
 the cases to which they refer, with such variations as circum- 
 stances require, and when used shall be deemed sufficient. 
 
 Provided that any such form shall cease to be available in the 
 event of the Secretary of State making obligatory the use of 
 another form for the same purpose under the i6th section of the 
 Elementary Education Act, 1876, by which the Secretary of 
 State has power from time to time to make, and when made, to 
 revoke and vary, the forms of orders for sending a child to a day 
 industrial school, and the manner in which children are to be 
 sent to such school. 
 
 Service of Notices on Managers, 29 6 30 Viet., c. 118, s. 53. 
 
 38. Any notice may be served on the managers of a certified 
 day industrial school by being delivered to any one of them 
 personally, or by being sent by post or otherwise in a letter 
 addressed to them or any of them at the school, or at the usual 
 or last known place of abode of any of the managers, or of their 
 secretary. 
 
 Legal Proceedings, 36 6 37 Viet., c. 86, s. 23. 
 
 39. The Summary Jurisdiction Acts shall apply to all offences, 
 payments, and orders in respect of which jurisdiction is by this 
 order given to a court of summary jurisdiction, or which are by 
 this order directed to be prosecuted, enforced, or made in a 
 summary manner or on summary conviction. 
 
 The court of summary jurisdiction, when hearing and deter- 
 mining an information or complaint or making an order under 
 this order, shall be constituted either of two or more justices of 
 the peace in petty sessions sitting at a place appointed for hold- 
 ing petty sessions, or of some magistrate or officer sitting alone 
 or with others at some court or other place appointed for the 
 administration of justice, and for the time being empowered by 
 law to do alone any act authorized to be done by more than one 
 justice of the peace. 
 
 Definitions. 
 
 40. In this order 
 
 The term "child" means a child between the ages of five years 
 and fourteen years : 
 
 The term "parent" includes guardian and every person who 
 is liable to maintain or has the actual custody of a child : 
 
 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, 
 intituled " An Act to provide for the regulation of municipal
 
 622 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 corporations in England and Wales," and the Acts amending 
 the same : 
 
 The term "The Summary Jurisdiction Acts" means the Act 
 of the session of the eleventh and twelfth years of the reign of 
 Her present Majesty, chapter forty-three, 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," inclusive of any Acts amending the 
 same : 
 
 The term " court of summary jurisdiction," means any justice 
 or justices of the peace, metropolitan police magistrate, stipen- 
 diary, or other magistrate or officer by whatever name called, to 
 whom jurisdiction is given by the Summary Jurisdiction Acts : 
 
 The terms " local authority." " parish," and " school district" 
 have the same meaning as in the Elementary Education Act, 
 1876. 
 
 Special Provision as to the County and City of Worcester, 
 37 &* 38 Viet., c. 47, s. 5. 
 
 Saving Clause. 
 
 41. Nothing in this order shall be construed to be contrary to 
 any of the provisions of the Elementary Education Act, 1876. 
 
 C. L. PEEL.
 
 ORDER IN COUNCIL. 623 
 
 SCHEDULE. 
 
 Order of Detention. 
 (Be it remembered, that on the day of , in 
 
 to wit \ 
 
 (pursuance of the Elementary Education Act, 1876, and 
 of the order in council made thereunder, we, two of Her Majesty's 
 justices of the peace for the said \county or borough, 6^.] 
 of 
 
 (a) [having had brought before us A.B. of , a 
 child apparently under 14 years of age, and being satisfied that he 
 was found begging or receiving alms (whether actually or under 
 the pretext of selling or offering for sale anything), or being in a 
 street or public place for the purpose of so begging or receiving 
 alms]. 
 
 (b) [having had brought before us A.B. of , 
 a child apparently under 14 years of age, and being satisfied that 
 he frequents the company of reputed thieves]. 
 
 (c) [having had brought before us A.B. of , 
 a child apparently under 12 years of age, charged with the offence 
 of , and being satisfied that he has not been previously 
 convicted in England or Ireland of felony, or in Scotland of 
 theft]. 
 
 (d) [having had brought before us A.B. of , 
 a child apparently under 14 years of age, and having had a repre- 
 sentation made us by his parent, C.D., that he is unable 
 to control the said A.B. and is desirous that the said 
 A.B. be sent to a certified day industrial school]. 
 
 (e) [having had brought before us A.B. of , 
 a child apparently under 14 years of age, upon the charge of 
 having, without reasonable excuse, failed to comply with an 
 order of the day of , requiring him to attend 
 School, and being satisfied that such charge was proved, and that 
 C.D. , the parent of the said A.B. , had used all 
 reasonable efforts to enforce compliance with such order]. 
 
 (/) [having had brought before us A.B. of , 
 
 a child apparently under 14 years of age, upon the charge of 
 having, without reasonable excuse, failed to comply with an order 
 of the day of , requiring him to attend 
 
 School, and being satisfied that such charge was proved, and 
 that such non-compliance was subsequent to a complaint for the 
 like non-compliance of the said A.B. made by the local authority 
 to a court of summary jurisdiction].
 
 624 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 Do order that the said A.B. (whose religious persuasion 
 
 appears to us to be ) be sent to the certified day industrial 
 
 school at and be there detained for the term of , 
 
 during such hours as may be authorized by the rules of the 
 school approved by one of Her Majesty's Principal Secretaries of 
 State. 
 
 And we do also order C.D. , the parent of the said 
 
 A.B. , and liable to maintain him, to contribute to his 
 
 industrial training, elementary education, and meals in the school 
 the sum of per week. 
 
 (Signed) 
 
 Attendance Order. 
 
 (Be it remembered, that on the day of , 
 
 \in pursuance of the nth section of the Elementary 
 Education Act, 1876, and of the order in council made there- 
 under, we, two of Her Majesty's justices of the peace for the said 
 [county or borough] of , 
 
 Do order that A.B. of , a child apparently 
 
 under 14 years of age (whose religious persuasion appears to us to 
 be ), do attend the certified day industrial school at 
 
 for the term of , during such hours as may be authorized 
 
 by the rules of the school approved by one of Her Majesty's 
 Principal Secretaries of State. 
 
 (Signed) 
 
 Undertaking of Parent in the Case of an Attendance Order. 
 
 Whereas a complaint has been made under the i ith section of 
 the Elementary Education Act, 1876, against A.B. of 
 
 , a child under the age of 14 years, with a view to an 
 order being made requiring him to attend a certified efficient 
 school, and whereas I, C.D. , am the parent of the said 
 
 A.B. , and have selected the certified day industrial 
 
 school at as the school to which the said A.B. 
 
 should be sent under such attendance order, I hereby undertake 
 that upon such attendance order being made I will pay to the 
 managers of the said school towards the industrial training, 
 elementary education, and meals of the said A.B. in the 
 
 said school the sum of per week so long as such attendance 
 
 order is in force. 
 Dated 
 
 day of 1 8 . (Signed)
 
 ORDER IN COUNCIL. 625 
 
 Undertaking of Parent in the Case of a Child about to attend a 
 School without any Order of Court. 
 
 I, C.D. of , being the parent of A.B. , 
 
 a child under 14 years of age, and of the religious persuasion of 
 
 , hereby undertake to pay to the managers of the 
 
 certified day industrial school at towards the industrial 
 
 training, elementary education, and meals of the said A.B. 
 
 in the said school the sum of per week for the 
 
 term of , and for such further term as may be agreed 
 
 upon between myself and the said managers and the local 
 
 authority under the Elementary Education Act, 1876. 
 
 Dated 
 
 day of 1 8 . (Signed} 
 
 Order of Transfer. 
 
 j Be it remembered, that on the day of , 
 
 wlt (in pursuance of the Elementary Education Act, 1876, 
 
 and of the order in council made thereunder, we, two of Her 
 
 Majesty's justices of the peace for the said [county or borough} of 
 
 , do order that A.B. of (whose 
 
 religious persuasion appears to be ) be transferred from 
 
 the certified day industrial school at to which he was 
 
 sent under an order of detention \pr attendance order] of the 
 
 day of to the certified day industrial school 
 
 at 
 
 (Signed]
 
 ( 626 
 
 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 LICENCE EXEMPTING FROM ATTENDANCE AT 
 CERTIFIED DAY INDUSTRIAL SCHOOL. 
 
 AT THE COURT AT BALMORAL, THE 25 DAY OF OCTOBER, 1881. 
 PRESENT, THE QUEEN'S MOST EXCELLENT MAJESTY IN 
 COUNCIL. 
 
 IN pursuance of the powers contained in the i6th section of the 
 Elementary Education Act, 1876, Her Majesty is pleased, by and 
 with the advice of Her Most Honourable Privy Council, to order 
 that the following provisions of the Industrial Schools Act, 1866, 
 and the Acts amending the same, shall apply to certified day 
 industrial schools. 
 
 Where a child is sent to a certified day industrial school in 
 pursuance of an order of detention under the Elementary Educa- 
 tion Act, 1876, upon the complaint or representation of the local 
 authority under that Act, the managers of such school may, if 
 they think fit, with the consent of such local authority, at any 
 time after the expiration of one month after the child is so sent, 
 give him a licence exempting him from attendance at such 
 school, but conditionally on the child attending as a day scholar, 
 in such regular manner as is mentioned in the licence, at some 
 school willing to receive him and named in the licence, and 
 being a public elementary school, or if no such school is in the 
 opinion of the local authority available some other certified 
 efficient school. 
 
 Any licence so granted shall not be in force for more than 3 
 months, but may at any time before the expiration of those 3 
 months be renewed for a further period not exceeding 3 months, 
 to commence from the expiration of the previous period of 3 
 months, and so from time to time until the period of the child's 
 detention is expired. 
 
 Any such licence may also be revoked at any time by the 
 managers of the school by writing under their hands, and there- 
 upon the child to whom the licence related may be required by 
 them, by writing under their hands, to return to the school. 
 
 The time during which a child is absent from a certified day 
 industrial school in pursuance of a licence shall, except where 
 such licence has been forfeited by his misconduct, be deemed to 
 be part of the time of his detention in the school, and at the
 
 LICENCE EXEMPTING FROM ATTENDANCE. 627 
 
 expiration of the time allowed by the licence he shall be taken 
 back to the school. 
 
 A child refusing to return to the school on the revocation of 
 his licence, or on the expiration of the time allowed thereby, shall 
 be deemed to have escaped from the school. 
 
 C. L. PEEL.
 
 ( 628 ) 
 
 CERTIFIED DAY INDUSTRIAL SCHOOLS. 
 
 RECOMMENDATIONS OF SECRETARY OF STATE AS 
 TO PARLIAMENTARY GRANT. 
 
 [ELEMENTARY EDUCATION ACT, 1876, SECTIONS 16, 17.] 
 
 WHEREAS it is enacted by the i6th and i7th sections of the 
 
 Elementary Education Act, 1876, as follows : 
 
 There may be contributed out of moneys provided by Parlia- 
 ment towards the custody, industrial training, elementary 
 education, and meals of children sent by an order of a 
 court other than an attendance order under this Act to 
 a certified day industrial school such sums not exceeding 
 one shilling per head per week, and on such conditions 
 as a Secretary of State from time to time recommends. 
 ***** 
 
 The managers of a certified day industrial school may, upon 
 the request of a local authority and of a parent of a 
 child, and upon the undertaking of the parent to pay 
 towards the industrial training, elementary education, and 
 meals of such child such sum, not less than one shilling 
 a week, as a Secretary of State from time to time fixes, 
 receive such child into the school under an attendance 
 order or without an order of a court ; and there may be 
 contributed out of moneys provided by Parliament in 
 respect of that child such sum not exceeding sixpence a 
 week, and on such conditions as a Secretary of State from 
 time to time recommends. 
 ***** 
 
 The conditions of a parliamentary contribution to a certified 
 day industrial school, to be recommended by the 
 Secretary of State, shall provide for the examination of 
 the children according to the standards of proficiency for 
 the time being in force for the purposes of a parliamentary 
 grant to public elementary schools ; but may vary the 
 amounts of the contributions to be made in respect of 
 such standards respectively. 
 
 Any conditions recommended by a Secretary of State for the 
 purposes of contributions to a day industrial school shall
 
 RECOMMENDATIONS OF SECRETARY OF STATE. 629 
 
 be laid before Parliament in the same manner as Minutes 
 of the Education Department relating to the annual 
 parliamentary grant. 
 
 Now, in pursuance of the said Act, I, the Right Honourable 
 Henry Matthews, one of Her Majesty's Principal Secretaries of 
 State, hereby recommend that the sums to be contributed out of 
 moneys provided by Parliament (hereinafter called the grant) to 
 the managers of any certified day industrial school, in respect of 
 children attending the same under orders of detention, attendance 
 orders, or without any order of court, shall be such sums, and shall 
 be paid on such conditions, as are hereinafter respectively set 
 forth. 
 
 I. No grant shall be made except on a report of the inspector 
 showing that the conditions of the grant have been fulfilled. The 
 inspector may delegate to an assistant the duty of examining the 
 attendance and proficiency of the children. 
 
 II. The principal teacher of the school shall be approved by 
 the inspector of certified day industrial schools. 
 
 III. The grant shall be payable in part quarterly for attendance, 
 in part annually for proficiency, and for the discipline and organi- 
 zation of the school. 
 
 IV. For the purpose of so much of the grant as is payable 
 annually, the year is reckoned as ending with the last day (inclu- 
 sive) of the month preceding that fixed for the inspector's annual 
 visit ; and for the purpose of so much of the grant as is payable 
 quarterly, the quarter is reckoned as ending on 3ist March, 
 3oth June, 3oth September, and 3ist December, as the case may 
 be. 
 
 V. With respect to so much of the grant as is payable for 
 attendance, the managers may at the end of each quarter 
 claim : 
 
 s. d. 
 
 (a) For each child attending under an order of 
 
 detention according to the average number 
 of such children in attendance throughout 
 the quarter .. .. .. .. .. 10 o 
 
 (b) For each child attending otherwise than 
 
 under an order of detention according to 
 the average number of such children in 
 attendance throughout the quarter .. 5 o 
 
 VI. With respect to so much of the grant as is payable for 
 proficiency, the managers at the end of the year may claim as 
 follows : 
 
 (a) As to infants, i.e., children who at the end of each 
 quarter have not completed seven years of age :
 
 630 DAY INDUSTRIAL SCHOOLS PARLIAMENTARY GRANT. 
 
 
 If the Infant is 
 attending under 
 an Order 
 of Detention. 
 
 If the Infant is 
 attending otherwise 
 than under an Order 
 of Detention. 
 
 If the infants are taught suitably to their j 
 age, and so as not to interfere with) 
 the instruction of the older children . j 
 
 Ss. 
 
 4s. 
 
 Sum which may be claimed for each 
 
 Infant attending the School, according 
 
 to the Average Number of such Children 
 
 in Attendance during the year. 
 
 (b) As to children (not being infants) attending under orders 
 of detention : 
 
 Subject of Examination. 
 
 Sum which may be claimed for each 
 such Child attending the School, accord- 
 ing to the Average Number of such 
 Children in Attendance during the Year. 
 
 For proficiency in : 
 
 Reading . 
 
 Writing .... 
 and 
 
 Arithmetic .... 
 For special subjects . 
 
 A principal grant of 6s. 
 
 (c) As to children (not being infants) attending otherwise 
 than under an order of detention : 
 
 Subject of Examination. 
 
 Sum which may be claimed for each 
 such Child attending the School, accord- 
 ing to the Average Number of such 
 Children in Attendance during the Year. 
 
 For proficiency in : 
 
 Reading 
 
 Writing 
 and 
 
 Arithmetic . 
 For special subjects . 
 
 A principal grant of 3* 
 
 Provided that 
 
 (i.) The test of proficiency in each standard applied at the 
 
 annual inspection in each year be satisfactory to the 
 
 inspector. 
 (2) The children shall be examined according to the standards 
 
 of proficiency in reading, writing, and elementary
 
 RECOMMENDATIONS OF SECRETARY OF STATE. 631 
 
 arithmetic, for the time being in force for the purposes 
 of the parliamentary grant in public elementary schools. 
 
 (3) No child attending the school shall be withheld from 
 
 examination on the day of the inspector's visit without 
 reasonable excuse for absence. 
 
 (4) The children shall be presented for examination in any 
 
 standard the managers think fit, but no child shall be 
 presented 
 
 (i.) Under any standard which he has already passed in 
 the same school or in any other certified efficient 
 school ; 
 
 (ii.) Under any lower standard ; 
 
 (iii.) Under the same standard in which he has been before 
 presented at the same school, unless he failed 
 altogether or passed in only one subject in such 
 standard. 
 
 (5) The children shall be advanced, as a rule, not less than 
 
 one standard in twelve months. All exceptions shall be 
 specially notified and explained to the inspector, who 
 will determine whether the explanation justifies the 
 exception. 
 
 (6) Special Subjects: 
 
 A grant of one shilling or sixpence for children attending 
 otherwise than under an order of detention will be made 
 for each child attending the school according to the 
 average number of such children in attendance during 
 the year 
 (i.) For recitation. 
 
 (ii.) For elementary geography or grammar. Provided 
 that the children satisfy the inspector in these 
 subjects according to a scheme for the succeeding 
 year to be submitted to and approved of by the 
 inspector at his annual visit. 
 
 VII. With respect to so much of the grant as is payable for the 
 discipline and organization of the school, if the inspector reports 
 that the discipline and organization are satisfactory, the managers 
 may at the end of the year claim : 
 
 s. d. 
 
 (a) For each child attending under an order of 
 
 detention according to the average number 
 of such children in attendance throughout 
 the year .. .. .. .. ..40 
 
 (b) For each child attending otherwise than 
 
 under an order of detention according to 
 the average number of such children in 
 attendance throughout the year .. ..20
 
 632 DAY INDUSTRIAL SCHOOLS PARLIAMENTARY GRANT. 
 
 VIII. For obtaining the grant for attendance under Rule V. 
 and Rule VII., the average number is found by adding together 
 the attendances of all the children for any period, and dividing 
 the sum by the number of times the school has been open for 
 daily instruction for the same period; the quotient being the 
 average number in attendance. 
 
 IX. The attendance of a child at the school on any day shall 
 not be reckoned unless such attendance includes three hours of 
 secular instruction. 
 
 X. If some unforeseen cause (such as a continued epidemic) 
 make it impossible for the inspector to visit the school for the 
 purpose of making his annual report thereon, such sum, not 
 exceeding the sum payable according to the rates hereinbefore 
 recommended, shall be payable to the managers for the pro- 
 ficiency of the children, and for the discipline and organization 
 of the school, as under the circumstances the Secretary of State 
 may deem just. 
 
 XI. The school must be efficient. A school or class is 
 regarded as satisfying this rule, unless the inspector at his annual 
 visit report the school or class to be inefficient, and state the 
 ground of such judgment. In this case formal warning must be 
 given that the grant may be withheld under this rule at the next 
 annual inspection, if the inspector again report the school or 
 class to be inefficient. 
 
 If the inspector at his next annual visit again report the school 
 or class to be inefficient, and give just grounds for his judgment, 
 the grant may be withheld under the provisions of this rule. 
 
 XII. The recommendations made by the Secretary of State on 
 the i8th day of April, 1891, are hereby withdrawn and the above 
 substituted for them. 
 
 (Signed) HENRY MATTHEWS. 
 
 Home Office, Whitehall. 
 May 9, 1892.
 
 INDUSTRIAL SCHOOLS. 
 
 TREASURY ALLOWANCES FOR INDUSTRIAL SCHOOLS UNDER 
 INDUSTRIAL SCHOOLS ACT. 
 
 Per week. 
 
 s. d. 
 
 To training-ships, for each child 6 o\ 
 Ordinary cases, 
 
 Ordinary industrial schools, esta- 
 
 s. 14, s. 15, 
 and those not 
 included in 
 succeeding 
 paragraphs. 
 
 blished prior to i st March, 1872 5 o 
 
 Ordinary industrial schools, esta- 
 blished subsequent to ist 
 March, 1872 .. .. ..36 
 
 2. For children committed to industrial school or ship 
 
 under section 12 being referable to sub-section 2 
 of section XI. of Elementary Education Act, 1876 3 
 
 3. All the above rates are subject to reduction to $s. 
 
 (1) while the children are under 10 years of age, or 
 
 (2) when they shall have attained the age of 15 
 years, provided they have been under detention 
 four years .. .. .. .. .. .. 3 
 
 4. For incorrigible children committed under section 
 
 1 6 of Industrial School Act, 1866, beyond the 
 control of their parents .. .. .. ..2 
 
 5. For children committed under section 12 being 
 
 referable to sub-section i of section XL of Ele- 
 mentary Education Act, 1876 .. .. .. 2 
 
 6. For inmates who having attained to Standard V. are 
 
 allowed to work out all day, conditional on earn- 
 ings amounting to zs. 6d. per week or upwards 
 (section 16 and sub-section i to remain at 2s.) .. 2 6/ 
 
 7. No allowance is made by Treasury for (i) children 
 
 under six years of age, or (2) for children sent 
 from workhouses at the instance of the guardians 
 under section 17 of Industrial Schools Act, 1866 Nil. 
 
 [For grants to day industrial schools, see p. 629.] 
 
 Office of Inspector of Reformatory 
 
 and Industrial Schools, 3, Delahay Street, London. 
 
 z$rd April, 1884. 
 
 2 T 
 
 cu 
 v
 
 634 
 
 CODE OF REGULATIONS FOR DAY 
 SCHOOLS, 1902. 
 
 ARTICLES OF DAY SCHOOL CODE, 1902, OF BOARD OF EDUCA- 
 TION AS TO SCHOOL ATTENDANCES, CERTIFICATES OF PRO- 
 FICIENCY, GENERAL CONDITIONS TO BE FULFILLED BY A 
 SCHOOL IN ORDER TO OBTAIN AN ANNUAL PARLIAMENTARY 
 GRANT, PENSIONS OF TEACHERS, AND THE STANDARDS OF 
 EXAMINATION IN ELEMENTARY SUBJECTS. 
 
 // is to be borne in mind that this Code was issued before the passing 
 of the Education Act, 1902, and that the alterations which 
 may be deemed necessary by the Board of Education after the 
 "appointed day" under sec. 27 of that Act have not yet been 
 made. 
 
 SCHOOL ATTENDANCES. 
 
 12. "An attendance" means attendance at secular instruc- 
 tion 
 
 (a) During one hour and a half in the case of a scholar in a 
 
 school or class for infants : 
 
 (b} During two hours in the case of a scholar in a school or 
 class for older children ; and during one hour and 
 twenty minutes, in the case of a half-time scholar. 
 The attendance of a half-time scholar for less than 
 two consecutive hours is not recognized, but such two 
 consecutive hours are reckoned as an attendance and 
 a half. 
 
 A separate register must be kept for half-time scholars ; and the 
 certificate of the inspector shall be conclusive proof of the 
 number of attendances made by half-time scholars. 
 
 (f) The marking of the registers for the afternoon meeting may not, with- 
 out the special consent of the Board, commence within an hour of 
 the close of the morning meeting. 
 
 (d) The class registers must be marked and finally closed before the 
 
 minimum time constituting an attendance begins. If any scholar 
 entered in the register as attending is withdrawn from school 
 before the time constituting an attendance is complete, the entry 
 of attendance should be at once cancelled. 
 
 (e) The minimum time constituting an attendance may include an interval 
 
 for recreation of not more than 15 minutes in a meeting of three 
 hours and not more than 10 minutes in a shorter meeting. A 
 meeting of two hours or more must include an interval for recrea- 
 tion of not less than jo minutes.
 
 CERTIFICATES OF PROFICIENCY. 635 
 
 (_/") In making up the minimum time constituting an attendance there 
 may be reckoned time occupied by instruction in any of the follow- 
 ing subjects, whether or not it is given in the school premises or by 
 the ordinary teachers of the school, provided that special and 
 appropriate provision approved by the inspector is made for such 
 instruction, and the times for giving it are entered in the approved 
 Time Table : Drawing, Manual Instruction, Science, Physical 
 Training, Cottage Gardening, Domestic Economy, Practical 
 Cookery, Laundry Work, Dairy Work, Practical Housewifery ; 
 and any other subject specially recognized by the Board for the 
 purposes of this Article. 
 
 (g) (i.) Visits paid during the school hours under proper guidance to 
 Museums, Art Galleries, and other places of educational value, 
 or of national or historical interest, may be reckoned as attend- 
 ances in accordance with sections (a) and (b) of this article, pro- 
 vided that not more than twenty such attendances may be 
 claimed for any one scholar in the same school year, and that the 
 places to be visited and the arrangements for such visits are 
 approved by the inspector. 
 
 (ii.) Attendances at a central examination conducted by managers of 
 schools may be reckoned as attendances in accordance with 
 sections (a) and (b) of this article, provided that the arrange- 
 ments for such examination are previously approved by the 
 inspector. 
 
 (k) In making up the minimum time constituting an attendance there may 
 be reckoned time occupied in attending at a Training College 
 or Central Class for pupil- teachers for the purpose of model or 
 criticism lessons. 
 
 13. No attendance is, as a rule, recognized for any scholar 
 under three years of age, or for any scholar who has been under 
 instruction for more than one year in the three elementary 
 subjects in Standard VII., and is upwards of fourteen years 
 of age, or for any scholar while habitually employed as a 
 monitor. 
 
 From and after ist April, 1903, no attendance may be reckoned 
 for any scholar under three or over fifteen years of age, or for 
 any scholar while habitually employed as a monitor, (i) 
 
 14. The "average attendance" for any period is found by 
 dividing the total number of " attendances " made during that 
 period by the number of times for which the school has met 
 during such period. 
 
 CERTIFICATES OF PROFICIENCY. 
 
 30. At any visit of an inspector to a public elementary school, 
 the managers are required to present for examination, and the 
 inspector to examine for a certificate of proficiency, any child over 
 twelve years of age, or, if the child is to be employed in agri- 
 culture under any bye-law made under sec. i of the Elementary 
 
 (i) See sec. 22 (2) of the 2 Edw. 7, c. 42, as to the age of children for 
 whom instruction may be provided under the Elementary Education Acts,
 
 636 DAY SCHOOL CODE, 1902. 
 
 Education (School Attendance) Act, 1893, Amendment Act, 1899, 
 over eleven years of age, whether a scholar in the school or not, if 
 the child's parent or guardian, or the local authority, apply for the 
 child to be examined for such a certificate ; but the inspector is 
 at liberty to refuse to examine any child for whose examination 
 due provision is made elsewhere, or any child who has not been 
 instructed for at least six months in the Standard in which he is 
 presented, or who has failed in that Standard at an examination 
 held in the previous three months. 
 
 Certificates of proficiency are certificates of having reached any standard 
 prescribed by the Code. To " reach a standard " a child must be individually 
 examined in reading, writing, and arithmetic in that or a higher standard, and 
 must pass in each of those subjects. 
 
 GENERAL CONDITIONS OF ANNUAL GRANTS. 
 
 76. The conditions required to be fulfilled by a school in 
 order to obtain an annual parliamentary grant are those set forth 
 in this Code. The decision of the Board whether these conditions 
 are fulfilled in any case is final and conclusive. Before placing a 
 school on the annual grant list the Board ascertain, so far as 
 possible, whether these conditions are fulfilled, and if any one of 
 them is clearly not satisfied, the inspector is not instructed to visit 
 the school. 
 
 The terms " annual grant " and " annual parliamentary grant " 
 used in this Code do not include the " fee grant " payable under 
 the Elementary Education Act, 1891, or the "aid grant" payable 
 under the Voluntary Schools Act, 1897. 
 
 For regulations as to the time and manner of payment of fee grants, see 
 P- 376. 
 
 School a Public Elementary School. 
 
 77. The school must be conducted as a public elementary 
 school. (2) 
 
 Children not to be refused Admission. 
 
 78. No child may be refused admission as a scholar on other 
 than reasonable grounds. (3) 
 
 (2) For definition of public elementary school, see sec. 7 of the 33 & 34 
 Viet., c. 75, ante, and notes thereon. 
 
 (3) The refusal of admission to a school should always be considered by the 
 managers of the school. It is not a power which should be delegated to a 
 teacher. The Education Department stated they did not think that the 
 managers of a school would be justified in refusing to admit children on the
 
 GENERAL CONDITIONS OF ANNUAL GRANTS. 637 
 
 Time-table, and, in Board Schools, Fees to be approved. 
 
 79. The time-table must be approved for the school by the 
 inspector on behalf of the Board, and must be open at any 
 reasonable time, except the ordinary school hours, to the inspec- 
 tion of the parent of any scholar attending the school, who 
 makes a written application to see it. In a school provided by 
 a school board, the consent of the Board must be given to the 
 
 ground that they were previously untaught. As regards shoeless or neglected 
 children, they were of the same opinion. The pressure that may have to be 
 brought upon parents to send their children in a decent condition to school 
 will probably be best enforced by the children themselves when they come to 
 mix with others upon whom proper care is bestowed. As regards ragged or 
 dirty children as a class, there are so many degrees of personal neglect and 
 of the offence which may be caused by it, that no general opinion can well 
 be given. In such cases, if warnings failed to induce parents to send 
 their children to school in such a condition as to satisfy the managers, it 
 might be advisable to summon them before the magistrates, who would 
 decide whether the objections of the managers to the children were reasonable 
 or not. 
 
 As regards refusal of admission to a child in the case of a school where the 
 prepayment of fees is made the rule, and the child comes to the school without 
 his fee, whether or not the parent is unable from poverty to pay the fee, see 
 note to sec. 17 of the 33 & 34 Viet., c. 75. 
 
 The fact of non-residence in the school board district alone did not in the 
 opinion of the Education Department constitute a reasonable ground for the 
 exclusion of a child from a school so long as there was room unoccupied by 
 the children of the district for which the school is provided. But if a school 
 was more than full, and in order to avoid loss of grant a reduction should be 
 made in the average attendance, excluded children should be those whose 
 parents or guardians resided outside that for which accommodation was 
 provided. 
 
 The fact that the particular standard in which a child would be placed 
 is for the moment lull is not regarded as a sufficient ground for refusing 
 admission if there is accommodation for the child in the school. 
 
 A child who has had a free place in the infants' department of a school is 
 not entitled to a free place in the same school on his transfer to a department 
 for older children, if a fee may be lawfully charged in such older department. 
 The refusal of free places under such circumstances would not affect the 
 recognition of the school as providing free places for infants. 
 
 Irregularity of attendance is not of itself to be considered as a reasonable 
 ground for expelling or refusing to admit a scholar who is required to attend 
 school. In case of scholars exempt from attendance at school, if, after 
 endeavour by appeal to parents to secure due regularity, such scholars are 
 grossly irregular, and hence not likely to profit themselves whilst impeding 
 the progress of others, the managers would be justified in refusing them 
 admission. But exclusion should always be resorted to with reserve, and 
 when measures of persuasion have been tried and have failed. 
 
 The Education Department have stated that the managers of any school 
 receiving half-time scholars will not be allowed to discharge a child who has 
 previously attended full time when or because that child applies to attend half 
 time. If a school was originally opened as a full-time school, and has never 
 received any half-timers, such school will not be refused annual grants if it 
 declines to admit a half-time scholar for whom convenient and suitable 
 accommodation is provided in a school for half-time scholars. 
 
 As to the admission into a public elementary school of children from a 
 workhouse or other institution of the board of guardians or of children
 
 638 DAY SCHOOL CODE, 1902. 
 
 weekly fee (if any) prescribed by the board (Elementary Education 
 Act, 1870, s. 17). (4) 
 
 School not to be Unnecessary. 
 80. The school must not be unnecessary. 
 
 In a district not under a school board a school is not deemed to be 
 unnecessary if at the date of its application for an annual grant it is recognized 
 as a certified efficient school, and has had during the twelve months preceding 
 such application an average attendance of not less than 30 scholars. A school 
 will not be allowed the benefit of this provision if it is available for the same 
 population as another school receiving a special grant under Article 104 or 
 Article 105. (5) 
 
 boarded out by the guardians, see notes on sec. 2 of the 63 & 64 Viet., c. 53, 
 ante. 
 
 Serious insubordination persisted in after all the usual punishments of the 
 school have been tried and have failed is considered to be a reasonable ground 
 for excluding a child. 
 
 The Education Department stated that they did not consider it reasonable 
 to require as a condition of a child's admission to a school that his brothers 
 and sisters should also attend the school. 
 
 With regard to a case where children were sent to a public elementary 
 school wearing medals with an inscription " We want a Board School," and 
 were refused admission, it was stated that " the Committee of Council were of 
 opinion that a rule which prohibits children from wearing medals which are 
 provocative or intended to provoke, so long as it was impartially administered 
 on both sides, was a very good rule, and sufficient reason for managers and 
 teachers refusing to allow children wearing such medals in their schools " (67, 
 Parliamentary Debates, 639). 
 
 (4) As to time-tables, see note 4 to sec. 7 of the 33 & 34 Viet., c. 75. As 
 to the expression "school provided by a school board," see 2 Edw. J, c. 42, 
 Second Schedule (13). 
 
 (5) See sees. 8 and 9 of the 2 Edw. 7, c. 42, ante, as to the decision by the 
 Board of Education of the question whether a school is necessary, in the case 
 of the provision of a new school or the enlargement or transfer of a school. 
 
 Articles 104 and 105 of the Code refer to grants under sec. 19 of the 
 Elementary Education Act, 1876, and sec. 2 of the Education Code Act, 
 1890, and with regard to the latter it is stated as follows : No grant 
 will be made under this article, unless the inspector reports that the fees 
 charged, if any, are suitable to the population ; that the school has been 
 provided with an efficient and sufficient staff and is well taught ; and unless 
 the Board consider that the grant is necessary for its maintenance. For the 
 purposes of this article, the Board consider the principal teacher (Article 
 82) to be sufficient for an average attendance of 40 scholars, an additional 
 certificated teacher for an average attendance of 40, an assistant teacher for an 
 average attendance of 30, a pupil-teacher, or additional teacher (Article 68), 
 or provisional assistant teacher, for an average attendance of 20, and a pro- 
 bationer for an average attendance of 10. 
 
 The grant under this article will, as a rule, be reduced by one-twelfth for 
 every month during which the staff has not satisfied the above requirements, 
 subject to the provisions of Articles 74 and 82 (c} as to vacancies in the course 
 of a school year. 
 
 The grants under these articles are not calculated on the average 
 attendance.
 
 GENERAL CONDITIONS OF ANNUAL GRANTS. 639 
 
 Not an Advent^lre or Farmed School. 
 
 81. The school must not be conducted for private profit, and 
 must not be farmed out by the managers to the teacher. The 
 managers must be responsible for the payment of teachers and 
 all other expenses of the school. 
 
 Teacher Certificated. 
 
 82. The principal teacher must be certificated. 
 
 Exceptions : 
 
 (a) A school with an average attendance (6) of not more than 50 scholars 
 may receive an annual grant if the principal teacher is provisionally 
 certificated. 
 
 (l>) A school with an average attendance of not more than 40 scholars 
 may receive an annual grant if the principal teacher is qualified 
 under Article 50 or 51, provided that the inspector reports (i.) 
 that such teacher is specially fitted to take charge of the school in 
 question, and (ii.) that the circumstances of the school are such as 
 to make it difficult to obtain the services of a certificated teacher. 
 
 (r) A school previously in receipt of annual grants may continue to 
 receive them for not more than three months of the time (exclusive 
 of the ordinary holidays) occupied by any interval or intervals in 
 any school year, between the leaving of one and the coming of 
 another teacher qualified under this Code to have charge of it, 
 provided the school is kept open and the registers are duly marked 
 during the interval. 
 
 Minimum Number of Meetings. 
 
 83. A school must have met not less than 400 times in 
 a year. 
 
 Exceptions : 
 
 (a) If a school claiming an annual grant for the first time has not been 
 open for a whole year, or, if a school has been closed during the 
 year under medical authority or for any unavoidable cause, a 
 corresponding reduction is made from the number of meetings 
 required by this article. (7) 
 
 (l>) If school premises are temporarily used under sec. 6 of the Ballot 
 Act, 1872, for an election, or under any other statutory power, the 
 number of meetings which would in ordinary course have been 
 made had the school premises not been so used may, if necessary, 
 be counted in making up the required number of meetings of the 
 school. 
 
 (f) In the cases of Greenwich Hospital and of Marine Schools this article 
 will not be applied. 
 
 (6) As regards what is to be deemed average attendance at school for the 
 purposes of the Code, see Articles 12, 13, and 14, ante. 
 
 (7) See memorandum of medical officer of Local Government Board as to 
 closing of public elementary schools, or the exclusion therefrom of particular 
 children in order to prevent spread of disease, p. 537. See also case of 
 Roberts v. Falmouth Urban Sanitary Authority, p. 644.
 
 640 DAY SCHOOL CODE, 1902. 
 
 Visit and Report of Inspector. 
 
 84. (a) The school must have been visited and reported on 
 
 by an inspector. The inspector will, as a rule, pay 
 two visits during the school year, which will usually 
 be without notice. Additional visits may also be 
 paid either with or without notice. 
 
 (!>) If a continued epidemic or other cause accepted as 
 satisfactory by the Board prevents, wholly or par- 
 tially, such visit and report, the grants are, as a rule, 
 paid at the same rates as those last previously paid. 
 For any subject in respect of which no grant was 
 claimed in the last preceding school year, the grant 
 shall be at a rate determined by the Board, not 
 exceeding the highest rate allowable for that subject 
 under this Code. 
 
 Conditions relating to Premises, Staff, Furniture, and 
 Apparatris. 
 
 85. The Board must be satisfied : 
 
 (a) That the school premises are healthy, are properly con- 
 structed and arranged for teaching, lighted, warmed, 
 cleaned, drained and ventilated, are supplied with 
 suitable offices, and contain sufficient accommodation 
 for the scholars attending the school, and that the 
 school has a sufficient staff (Article 73) (8), and is 
 properly provided with suitable desks and furniture, 
 books, maps, and other apparatus of elementary 
 instruction : 
 
 N.B. The plans of all new school premises and 
 enlargements must be approved by the Board 
 before such new premises and enlargements are 
 passed- under this article. (9) Subject to the 
 
 (8) Article 73 of the Code provides as follows with regard to the school 
 staff: 
 
 " In determining what is the minimum school staff required, the Board 
 consider the principal certificated teacher to be sufficient for an average 
 attendance of 50, each additional certificated teacher for an average attend- 
 ance of 60, each assistant teacher for an average attendance of 45, each 
 provisional assistant teacher, each additional teacher approved under Article 
 68, and each pupil teacher for an average attendance of 30, and each pro- 
 bationer for an average attendance of 20. 
 
 In order that a school may be properly organized it should be arranged that 
 the number of children habitually present at any one time under the instruc- 
 tion of any teacher or teachers should not exceed by more than 15 per cent, 
 the number for which such teacher or teachers is or are considered to be 
 sufficient. 
 
 (9) The Board of Education have issued rules to be observed in planning 
 and fitting up public elementary schools (Parliamentary Paper, 1902 
 [Cd. 1332]), copies of which can be obtained from Messrs. Eyre & Spottis- 
 woode, East Harding Street, Fleet Street, E.G.
 
 GENERAL CONDITIONS OF ANNUAL GRANTS. 641 
 
 conditions laid down in the body of this article 
 being fully satisfied, schools already receiving 
 annual grants will be regarded as accommodating 
 the number of scholars for which they have 
 been hitherto recognized by the Board, provided 
 that in no case there shall be less than 80 
 cubic feet of internal space and 8 square feet 
 of internal area for each unit of average attend- 
 ance. If in the neighbourhood of any school 
 there is a deficiency of school accommodation, 
 which is being supplied with due dispatch, the 
 accommodation of that school may with the 
 consent of the Board be temporarily calculated 
 at 80 cubic feet and 8 square feet for each unit 
 of average attendance. 
 
 No room may be habitually used for a larger 
 number of scholars than that for which it is 
 passed by the Board : 
 
 Course of Instruction. 
 
 (b] That the course of instruction is in accordance with 
 Article 15 (a) or 15 (b), and has been approved by 
 the inspector on behalf of the Board : 
 
 Instruction of Infants. 
 
 (c) That, as far as relates to the grant to an infant school or 
 class, the infants are taught suitably to their age, and 
 so as not to interfere with the instruction of the older 
 scholars in the same school : 
 
 Registers, Accounts, and Certificates. 
 
 (d) That the admission and daily attendance of the scholars 
 are carefully registered by or under the supervision 
 of the principal teacher, and periodically verified by 
 the managers; that accounts of income and expendi- 
 ture are accurately kept by the managers and duly 
 audited; and that all statistical returns and certifi- 
 cates of character are trustworthy : 
 
 The accounts of the receipts and expenditure of every school not pro- 
 vided by a school board must be annually audited by a member 
 of the Institute of Chartered Accountants, or of the Society of 
 Accountants and Auditors, or by a banker or bank manager, or, 
 on special application to the Board, by some other person, not
 
 642 DAY SCHOOL CODE, 1902. 
 
 being a manager or treasurer of the school, whose competency is 
 proved to the satisfaction of the Board. (10) 
 
 In the Isle of Man the accounts of every school must be audited and 
 certified by the auditor of the Board of Education for the island. 
 
 Employment of Teachers. 
 
 (e) That the principal teacher is not allowed to undertake 
 duties not connected with the school which may 
 occupy any part whatever of the school hours, or of 
 the time appointed for the special instruction of pupil- 
 teachers. 
 
 School must be Efficient. 
 
 86. The school or infant class must be efficient. A school or 
 class is regarded as satisfying this article if the inspector does 
 not recommend the withholding of the grant under Article 98, 
 or Article 101 (a), (n) The grant will not be withheld under 
 this article until the following conditions have been fulfilled : 
 
 (10) Sec. I (6) of the 60 Viet., c. 5, under which this condition as to audit 
 was inserted in the Code, is repealed from the " appointed day " by 2 Edw. 7, 
 c. 42. See sec. 18 (5) of that Act and notes thereon, ante. 
 
 (11) Articles 98 and ioia are as follows : 
 
 98. Grants are made to infant schools and classes under this article ; and 
 every school or class to which a grant is made under this article is an infant 
 school or class. 
 
 Only one infant class will be recognized in any department. 
 
 In an infant class in which the average attendance is less than 20, the 
 attendances of the scholars of such class will be reckoned with those of the 
 older scholars, and the grant on the whole average attendance will be made 
 under Article 101 ; but it will be necessary in this case, as in that of a grant 
 made under this article, that the Board should be satisfied that the infants are 
 taught suitably to their age and so as not to interfere with the instruction of 
 the older scholars. If the Board are not satisfied of this, they may pay the 
 grant on the average attendance of older scholars only. 
 
 A principal grant of 17.?. or i6j. is made to infant schools and classes. 
 
 The Board shall decide which, if either, of these grants shall be paid after 
 considering the report and recommendation of the inspector upon each of the 
 following four points : 
 
 (a) The suitability of the instruction to the circumstances of the children 
 
 and the neighbourhood. 
 
 (b) The thoroughness and intelligence with which the instruction is 
 
 given. 
 
 (c ) The sufficiency and suitability of the staff. 
 
 (d) The discipline and organization. 
 
 The inspector will recommend the higher grant, unless he is unable to report 
 favourably upon the school under these heads. 
 
 The course of instruction for infant schools and classes is given in Article 
 
 15 () 
 101. Grants are made to schools for older scholars under this article, and
 
 GENERAL CONDITIONS OF ANNUAL GRANTS. 643 
 
 (i.) The inspector must, in his annual report, report the school 
 or class inefficient and state specifically the grounds of such 
 judgment and the Board must communicate the report to the 
 managers and give formal warning to them that the grant may 
 be withheld under this article, if the inspector again reports the 
 school or class to be inefficient. 
 
 (2.) The inspector must, in his next annual report, and after a 
 visit paid with due notice during the last month of the school 
 year, again report the school or class inefficient, and again state 
 specifically the grounds of such judgment. 
 
 (3.) If the managers within fourteen days after the receipt of 
 the second adverse report of the inspector appeal against his 
 decision, the school must be visited and such adverse report 
 must be confirmed by a chief inspector. 
 
 every school to which a grant is made under this article is a school for older 
 scholars. 
 
 (a) A. principal grant of 22s. or 2is. is made to schools for older scholars, 
 (i.) The Board shall decide which, if either, of these grants shall be 
 paid, after considering the report and recommendation of the 
 inspector upon each of the following four points : 
 
 (a) The suitability of the instruction to the circumstances of 
 
 the children and the neighbourhood. 
 
 (b) The thoroughness and intelligence with which the instruc- 
 
 tion is given. 
 
 (c) The sufficiency and suitability of the staff. 
 
 (d) The discipline and organization. 
 
 The inspector will recommend the higher grant unless he is unable 
 
 to report favourably upon the school under these heads. 
 The course of instruction for schools for older children is given in 
 Article 15 (b). 
 
 (ii.) The instruction should be in accordance with a syllabus which 
 must be produced to the inspector at his visit'. The inspector 
 may disapprove any portion of the syllabus which he considers 
 unsuitable. 
 
 Specimen schemes of instruction suited to schools in various circum- 
 stances may be obtained on application to the Board. 
 
 (iii.) In reporting upon the sufficiency and suitability of the staff, the 
 inspector will have regard to the fitness of each teacher for the 
 work allotted to him (or her). 
 
 (iv.) In reporting upon the discipline and organization the inspector 
 will have special regard to the moral training and conduct of the 
 children, to the neatness and order of the school premises and 
 furniture, and to the proper classification of the scholars, both 
 for teaching and examination. But he will not interfere with 
 any method of organization adopted in a Training College, if it is 
 satisfactorily carried out in the school. To meet the require- 
 ments respecting discipline, the managers and teachers will be 
 expected to satisfy the inspector that all reasonable care is taken, 
 in the ordinary management of the school, to bring up the 
 children in habits of punctuality, of good manners and language, 
 of cleanliness and neatness, and also to impress upon the 
 children the importance of cheerful obedience to duty, of con- 
 sideration and respect for others, and of honour and truthfulness 
 in word and act.
 
 644 DAY SCHOOL CODE, 1902. 
 
 Manager? Returns. 
 
 87. All returns called for by the Board or by Parliament must 
 be duly made. 
 
 The annual return to be made to the Board (Article 23) contains a form of 
 authority, to he signed by three persons (none of whom may be a paid teacher 
 in the school), empowering one of their number, or a firm of bankers, to sign 
 the order on His Majesty's Paymaster-General for any annual grant made to 
 the school. In a school provided by a school board this authority is not 
 required, but the order must be signed by the treasurer of the school board. 
 
 Inspector to have Timely Notice of all Closures. 
 
 87*. Notice must be sent to the inspector, as soon as is possible 
 in each case, of every date upon which the school will be closed, 
 or its ordinary work suspended, during the year. These dates 
 should include the usual and any special holidays, and any closure 
 on account of epidemic sickness, local elections, and such 
 occasions as the diocesan inspection. (12) 
 
 In the event of failure to give such notice a deduction not 
 exceeding i/. may be made from the next annual grant. 
 
 This article is not intended to limit the discretion of managers in closing a 
 school temporarily in the event of a sudden emergency. 
 
 (12) With regard to the circumstances under which the closing of schools or 
 the exclusion of particular children may be required, in order to prevent the 
 spread of disease, see the memorandum of the Medical Officer of the Local 
 Government Board, p. 537. 
 
 The Public Health Act, 1875, by sec - 3^> provides that " where any 
 person sustains any damage by reason of the exercise of any of the powers of 
 this Act in relation to any matter as to which he is not himself in default, iull 
 compensation shall be made to such person by the local authority exercising 
 such powers." In Roberts v. Falmouth Urban Sanitary Authority (L.G.C. 
 (1888), 173; 52 J. P. 741), the plaintiff was the head-master of a British school 
 receiving as part of his emoluments one-third of the fees paid by the children 
 attending the school. The urban sanitary authority, in consequence of measles 
 being prevalent in the borough, passed a resolution directing that the British 
 school which was in the borough should be temporarily closed, and that 
 failing this the Local Government Board would be communicated with. In 
 consequence of this resolution the school was closed, and by the closing of 
 the school the plaintiff lost his fees, and he claimed that as the school was 
 closed by the sanitary authority in the exercise of powers under the Public 
 Health Act, 1875, he was entitled to compensation under sec. 308 of that 
 Act. On the part of the defendants, it was contended that the schools were 
 not closed by the exercise of any of the powers under the Public Health Act, 
 but that they were closed by reason of obligations imposed by the article of 
 the Code of the Education Department which was similar to Article 88 of 
 the present Code, and that therefore the claim for compensation could not be 
 sustained. It was held that the school was closed not under the powers of 
 the Public Health Act, but by the managers of the school in pursuance of an 
 obligation imposed upon them by the Code of the Education Department if 
 they wished to fulfil the conditions which must be fulfilled to entitle them to a 
 parliamentary grant on account of the school. Judgment was accordingly 
 given for the defendants.
 
 GENERAL CONDITIONS OF ANNUAL GRANTS. 645 
 
 Compliance with Order to close School, 
 
 88. The managers must at once comply with any notice of the 
 sanitary authority of the district in which the school is situated, 
 or any two members thereof acting on the advice of the medical 
 officer of health, requiring them for a specified time, with a view 
 to preventing the spread of disease, or any danger to health likely 
 to arise from the condition of the school, either to close the 
 school or to exclude any scholars from attendance, but after 
 complying they may appeal to the Board if they consider the 
 notice to be unreasonable. (13) 
 
 School Accounts to be published, and Report to be open to 
 Inspection. 
 
 89. Immediately on the receipt of the annual report of the 
 inspector, the managers must publish the last account of income 
 and expenditure furnished to the Board by posting a copy thereof 
 on the door of the school or in some other public place in the 
 school district, and keeping the same so posted for not less than 
 fourteen consecutive days exclusive of Sundays and holidays. 
 They must also publish in the same manner and for the same 
 days a notice that the said account and the report will be, during 
 the six months following the date of the notice, open to inspection 
 at the school or some other convenient place (named in the 
 notice) at any reasonable time except the ordinary school hours, 
 .and that copies or extracts may be made, and must submit the 
 same to inspection, and permit such copies or extracts to be 
 made accordingly. 
 
 Application of Income of School. 
 
 90. The income of the school must be " applied only for the 
 purpose of public elementary schools" (Elementary Education 
 Act, 1876, sec. 20). 
 
 Students from Training Colleges to be admitted. 
 
 91. The managers must, if requested by the authorities of a 
 Training College, allow students from the college to attend the 
 school for the purpose of practical instruction in teaching on such 
 conditions as may be approved by the Board. 
 
 Power to warn instead of withholding Grant. 
 
 92. In cases where any of the conditions of annual grants set 
 forth in this Code (except such conditions as are specially 
 
 (13) See note 12.
 
 646 DAY SCHOOL CODE, 1902. 
 
 imposed by Act of Parliament) are not fulfilled, the Board have 
 power, after considering all the circumstances, to pay the grant 
 or a portion of the grant, and give a warning to the managers 
 that the grant may be withheld next year. 
 
 Commencement of Grant. 
 
 93. The annual grant to a school begins to run, as a rule, from 
 the date at which the school is placed under a teacher qualified 
 under this Code to have charge of it ; but if application for a 
 grant is not made within six months after such date the Board 
 may refuse to make a grant for any time previous to the receipt 
 of the application. 
 
 Date of Payment. 
 
 94. The annual grant becomes due at the end of the school 
 year, and is paid as soon afterwards as may be, but an instalment 
 of the grant may be paid when, owing to a change in the date of 
 the school year, or any other sufficient cause, the time at which 
 the grant would otherwise be payable is delayed by three months 
 or more. (14) 
 
 Where a grant is payable for a school which has been closed, the amount of 
 such grant shall not, as a rule, exceed the amount of the net outstanding 
 liabilities on current account of the school at the time of its closing. 
 
 PENSIONS. 
 
 130. A limited number of pensions will be granted to certifi- 
 cated teachers who were employed as teachers, or were recognized 
 students in any Training College, at the date (9 May, 1862) 
 when the Minutes * relating to pensioos were cancelled. 
 
 No application for a pension under this article will be enter- 
 tained unless it is made before the ist April, 1906. 
 
 (i.) An applicant for a pension must 
 
 (a) Be, as a rule, a teacher employed in a public elementary 
 
 school, in a school certified under the provisions of 
 the Elementary Education (Blind and Deaf Children) 
 Act, 1893, Training College, or Central Class for the 
 instruction of pupil-teachers, or as an Organizing 
 Teacher, at the time when the pension is applied for. 
 
 (b) Have become incapable, from age or infirmity, of con- 
 
 tinuing to teach a school efficiently. 
 
 * Minutes of 25th August and 2ist December, 1846, and 6th August, 1851. 
 
 (14) See the provisions in 2 Ed\v. 7, c. 42, Second Schedule (n) and (12), 
 as to the calculation and payment of grants by the Board of Education.
 
 PENSIONS. 647 
 
 (e) Have, as a rule, been employed continuously since the 
 9th of May, 1862, as principal or assistant teacher in 
 elementary schools, Training Colleges, or Central 
 Classes for the instruction of pupil-teachers, or as an 
 Organizing Teacher. 
 
 (d) Be recommended by the inspector, and the managers of 
 
 the schools served in. 
 
 (e) Be 60 years of age (if a man), or 55 (if a woman), unless 
 
 the pension is applied for on the ground of failure of 
 health. 
 
 (2.) As a rule, pensions will be granted to those teachers only 
 who have been, during the seven years preceding the appli- 
 cation on their behalf, employed in schools or colleges, under 
 inspection. 
 
 (3.) Applications for a pension will be received only from the 
 managers of the school or Training College in which the teacher 
 is serving. 
 
 (4.) These applications will be collected for decision, on 
 their comparative merits, twice a year, about Lady Day and 
 Michaelmas. 
 
 (5.) Teachers who entered on the charge of a school before 
 1851 will be regarded, cceteris paribtis, as having the first claim. 
 
 (6.) The maximum number and value of pensions receivable at 
 one time, in England and Wales, will be as follows : 
 
 
 
 !66 pensions of 3o/. each . . . 1980 
 363 pensions of 25/. each . . . 9075 
 518 pensions of 2o/. each . . . 10,360 
 
 , 21,415 
 Donations or special gratuities (each year} 340 
 
 2I >755 
 
 But this limit of the number of pensions will not affect the 
 claims of teachers who were employed or were recognized students 
 in any Training College before August, 1851. 
 
 (7.) The pension will be paid quarterly or half-yearly (at the 
 option of the pensioner), on certificates proving identity and good 
 behaviour. 
 
 (8.) No person will be eligible for a pension under this article 
 who has accepted the Elementary School Teachers Superannua- 
 tion Act, 1898. (15) 
 
 Provided that, it a person who has accepted the Act is proved 
 to the satisfaction of the Board to be unable to qualify for an 
 
 (15) For provisions of Elementary School Teachers Superannuation Act, 
 1898, see p. 407.
 
 648 DAY SCHOOL CODE, 1902. 
 
 allowance under the Act, he may be granted a pension under this 
 article not exceeding 2o/. per annum. 
 
 (9.) No person who completed the 65th year of his age before 
 the ist April, 1901, will be granted a pension under this article 
 unless an application for a pension is made on his behalf before 
 the [ist April, 1902]. (16) 
 
 (10.) No person who was under 65 years of age on the ist 
 April, 1901, will be granted a pension under this article unless 
 an application for a pension is made on his behalf within three 
 months of his attaining the age of 65. (16) 
 
 (n.) A teacher over 65 years of age to whom a pension is 
 granted under this article will not be recognized as a certificated 
 teacher unless the Board of Education, on account of his special 
 fitness, allow his service to continue for a limited time. Applica- 
 tion for the service of a teacher to continue may be made by the 
 managers, at the same time as the application for a pension. 
 Such permission, if granted, will, as a rule, be granted for periods 
 not exceeding one year at a time. 
 
 STANDARDS OF EXAMINATION IN ELEMENTARY 
 SUBJECTS. (17) 
 
 Reading. (18) 
 
 Standard 7. To read a short passage from a book not confined 
 to words of one syllable. 
 
 Standard II. To read a short passage from an elementary 
 reading book. 
 
 (16) Sees. (9) and (10) of Art. 130 were modified by a minute of the Board 
 of Education dated 2ist July, 1902, the effect of the modification being to 
 substitute in sec. (9) " 1st October, 1902," for " ist April, 1902," and to add 
 at the end of sec. (10) the words, "or before the ist October, 1902, whichever 
 is the latest." 
 
 (17) The inspector may examine scholars in the work of any standard 
 lower than that in which they are presented. 
 
 In Welsh districts 
 
 (a) Bi-lingual reading books and copy books may be used and the instruc- 
 tion generally may be bi-lingual. 
 
 (t>) Translation into English of an easy piece of Welsh written on the 
 blackboard, or of a story read twice, shall, if the managers so 
 desire, be substituted for composition. 
 
 (f) In the arithmetic set to Standards I.-IV. inclusive, the problems should 
 be in both English and Welsh. 
 
 (d) Historical reading books should relate to the history of England and 
 Wales. 
 
 (18) Reading with intelligence will be required in all the standards, and 
 increased fluency and expression in successive years. Two sets of reading 
 books must be provided for Standards I. and II., and three (in small schools 
 only two), one of which should relate to English history, for each standard 
 above the second. The inspector may examine from any of the books in use 
 in the standard, and in Standard III. and upwards, from any book or passage 
 suitable for the purpose which he may select. The intelligence of the reading 
 will be tested partly by questions on the meaning of what is read.
 
 STANDARDS OF EXAMINATION. 649 
 
 Standard III. To read a passage from a reading book. 
 
 Standard IV. To read a passage from a reading book, or 
 history of England. 
 
 Standard V. To read a passage from some standard author, a 
 reading book, or a history of England. 
 
 Standard VI. To read a passage from one of Shakespeare's 
 historical plays, or from some other standard author, or from a 
 history of England. 
 
 Standard VII. To read a passage from Shakespeare or 
 Milton, or from some other standard author, or from a history of 
 England. 
 
 Writing. (19) 
 
 Standard /. Copy in manuscript characters a line of print, 
 commencing with a capital letter. 
 
 Copy books (large or half-text hand) to be shown. 
 
 Standard II. A passage of not more than six lines, from 
 the same book, slowly read once, and then dictated word by 
 word. (20) 
 
 Copy books (large and half text-hand) to be shown. 
 
 Standard III. Six lines from one of the reading books of the 
 standard, slowly read once and then dictated. (20) 
 
 Copy books (capitals and figures, large and small hand) to be 
 shown. 
 
 Standard IV. Eight lines of poetry or prose, slowly read once, 
 and then dictated. (20) 
 
 Copy books to be shown. 
 
 Standard V. Writing from memory the substance* of a short 
 story read out twice ; spelling, handwriting, and correct expression 
 to be considered. 
 
 Copy books to be shown. 
 
 Standard VI. A short theme or letter on an easy subject ; 
 spelling, handwriting, and composition to be considered. 
 
 Copy books to be shown. 
 
 Standard VII. A theme or letter. Composition, spelling, and 
 handwriting to be considered. 
 
 Note-books and exercise books to be shown. 
 
 (19) The writing of Standards I. and II. may be on slates or paper, at the 
 discretion of the managers ; in Standard III. and upwards it must be on paper. 
 As to Welsh districts, see note 17, supra. 
 
 (20) In Standards II., III. and IV. : (i) the examination in spelling may 
 be separated from the exercise in writing, and an examination in word-building 
 leading to correct spelling may be substituted for the examination in spelling 
 if the managers wish ; (2) simple exercises in composition, or transcription if 
 accompanied by word-building, may be substituted for dictation if the managers 
 wish. 
 
 2 U
 
 650 DAY SCHOOL CODE, 1902. 
 
 Arithmetic. (21) (22) 
 Scheme A. (23) 
 
 Standard I. Notation and numeration up to 1000. Simple 
 addition and subtraction of numbers of not more than three 
 figures. In addition not more than five lines to be given. The 
 multiplication table to 6 times 12. 
 
 Standard 12. Notation and numeration up to 100,000. The 
 four simple rules to short division. The multiplication table and 
 the pence table to i zs. 
 
 Standard III. The former rules with long division. Addition 
 and subtraction of money. (24) 
 
 Standard IV. Compound rules (money) and reduction of 
 common weights and measures. (24) 
 
 In the Table of Length only yards, feet, and inches will be 
 required in this and in the Fifth Standard. 
 
 Standard V. Practice, bills of parcels, and single rule of three 
 by the method of unity. 
 
 Addition and subtraction of proper fractions, with denominators 
 not exceeding 12. 
 
 Common weights and measures. (24) 
 
 (21) As to schools in Welsh districts, see note on p. 648. 
 
 (22) The arithmetic of Standards I. and II. may be on slates or paper, at 
 the discretion of the managers ; in Standard III. and upwards it must be on 
 paper. 
 
 The inspector may examine scholars in the work of any standard lower than 
 that in which they are presented, and in arithmetic should require the scholars 
 of Standard IV. and upwards to add columns of pounds, shillings, and pence 
 within a specified time in order to show readiness and accuracy. 
 
 (23) Scheme A and Scheme B (see p. 651) are alternative. 
 
 (24) The tables to be learned include those weights and measures only which 
 are in ordinary use, viz. : 
 
 In all standards above the third (except as to certain restrictions noted under 
 Standard IV.) the tables of 
 
 Weight. The ton, hundredweight, quarter, stone, pound, ounce, and 
 
 drachm. 
 
 Length. The mile, furlong, rod or pole, chain, yard, foot, and inch. 
 Capacity. Quarter, bushel, peck, gallon, quart, and pint. 
 Time. Year, month, week, day, hour, minute, and second. 
 In Standards VI. and VII., but for boys only, in addition to the foregoing, 
 the tables of 
 
 Area. The square mile, acre, rood, square pole or perch, yard, foot, and 
 
 inch. 
 
 Volume. The cubic yard, foot, and inch. 
 
 The work of girls will be judged more leniently than that of boys, and, as a 
 rule, the sums set will be easier. 
 
 Instruction in the principles of the metric system, and the advantages to be 
 gained from uniformity in the method of forming multiples and sub-multiples 
 of the unit must be given to the scholars in the Standards V., VI., and VII. 
 As a preparation for this, it will be useful to give in Standard III. elementary 
 lessons on the notation of decimal fractions.
 
 STANDARDS OF EXAMINATION. 651 
 
 Standard VI. Fractions, vulgar and decimal; simple pro- 
 portion, and calculation of simple interest upon a given principal. 
 [Questions involving recurring decimals will not be put to girls.] 
 
 Common weights and measures. (25) 
 
 Mensuration of rectangles and rectangular solids ; the extrac- 
 tion of square and cube roots is not required. (Boys only.) 
 
 Standard VII. Averages, percentages, and stocks. 
 
 Short exercises in mental arithmetic should be given in all 
 standards. These should not involve large numbers, should from 
 the first deal with concrete as well as abstract quantities, and 
 should be preparatory to the work of the next higher standard 
 during the last quarter of the school year. 
 
 Arithmetic. 
 Scheme B. (26) 
 
 Standard I. The four simple rules. 
 
 Divisors and multipliers not exceeding 6. 
 
 No number higher than 99 to be employed in the questions or 
 required in the answers. 
 
 Standard II. Compound rules (money). 
 
 Divisors and multipliers not exceeding 12. 
 
 Sums of money in the questions and answers not to exceed io/. 
 
 Standard III. Simple rules and compound rules (money). 
 
 Divisors and multipliers not exceeding 99. No number higher 
 than 99,999 to be employed in the question or required in the 
 answer. 
 
 Sums of money in the questions and answers not to exceed 
 9 9/. 
 
 Standard IV. Compound rules applied to the following 
 weights and measures (length, weight, capacity, time). In length, 
 yards, feet, and inches ; in weight, tons, cwts., qrs., Ibs., ozs. ; 
 in capacity, gallons, quarts, pints ; in time, days, hours, minutes, 
 seconds are the only terms that will be required in this and in 
 the Fifth Standard. 
 
 Divisors and multipliers not to exceed 99. 
 
 Standard V. Vulgar fractions (simple fractions only). 
 
 Practice. 
 
 Bills of Parcels. 
 
 Common weights and measures. (27) 
 
 Standard VI. Decimal fractions (excluding recurring de- 
 cimals). 
 
 Simple proportion or single rule of three by the method of unity. 
 
 Calculation of simple interest upon a given principal. 
 
 Common weights and measures. (27) 
 
 (25) See notes 22, 23, and 24. 
 
 (26) As to schools in Welsh districts, see note 17 on p. 648. 
 
 (27) As to common weights and measures, see note 24 on p. 650.
 
 652 DAY SCHOOL CODE, igO2. 
 
 Mensuration of rectangles and rectangular solids ; the extraction 
 of square and cube roots is not required. (Boys only.) 
 Standard VJL Vulgar and decimal fractions. 
 Averages and percentages. 
 Investments of savings. 
 Consols.
 
 HIGHER ELEMENTARY SCHOOLS. 
 
 The Code for Day Schools, 1902, contains the following provisions 
 as to Higher Elementary Schools (Art. no). 
 
 A public elementary school may be recognized by the Board 
 as a higher elementary school under the following conditions : 
 (i.) The school must be organized to give a complete four 
 years' course of instruction approved by the Board. 
 
 (2.) A child proposed for admission to a higher elementary 
 school must 
 
 (i.) Be not less than ten years of age at the date of 
 
 admission ; 
 (ii.) Have, as a rule, been for at least two years under 
 
 instruction at a public elementary school; 
 (iii.) Have been certified by the inspector to be qualified to 
 profit by the instruction offered in the higher ele- 
 mentary school. 
 
 (3.) The fitness of any child to continue, or to be promoted 
 from one year's course to another, in a higher elementary school, 
 shall be certified by the inspector. 
 
 (4.) (i.) Attendances may not be recognized in a higher ele- 
 mentary school for any scholar who is upwards of 
 15 years of age. 
 
 (ii.) No scholar may remain in a higher elementary school 
 beyond the close of the school year in which he or 
 she is 15 years old. (i) But scholars who are 
 receiving instruction in a school at the time of its 
 conversion into a higher elementary school, may 
 remain with the sanction of the Board of Education. 
 (5.) Scholars newly admitted into a higher elementary school 
 must, except with the express sanction of the inspector, commence 
 with the first year course. 
 
 N.B. This section does not apply to scholars who are receiv- 
 ing instruction in a school at the time of its conversion into a 
 higher elementary school. 
 
 (6.) The number of scholars in a higher elementary school will, 
 as a rule, be limited to about 300, except in the case of a 
 school of science converted into a higher elementary school. 
 
 (i) See sec. 22 (2) of the 2 Edw. 7, c. 42, ante, as to the age of children 
 for whom instruction may be provided from the "appointed day" under the 
 Elementary Education Acts.
 
 654 
 
 HIGHER ELEMENTARY SCHOOLS. 
 
 (7.) (i.) The school must be shown, to the satisfaction of the 
 Board, to be necessary, having regard to the circum- 
 stances of the particular locality. 
 
 (ii.) The premises must be specially equipped for practical 
 instruction, and must be recognized by the Board as 
 suitable for the purposes of a higher elementary 
 school. 
 
 (8.) (i.) The teaching staff of the school must possess such 
 qualifications as may be prescribed from time to time 
 by the Board for the purposes of a higher elementary 
 school. 
 
 (ii.) No member of the teaching staff may undertake duties 
 not connected with the school which may occupy 
 any part whatever of the school hours. 
 (iii.) In the first and second year courses there shall be a 
 teacher, accepted as qualified by the Board, for 
 every 40 Scholars (or less) ; in the third and 
 fourth year courses there shall be a teacher, so 
 qualified, for every 30 scholars (or less), in average 
 attendance. 
 
 (iv.) The grant may be reduced at a rate of not more than 
 los. per annum for every unit of annual average 
 attendance above the number for which the school 
 staff is recognized by the Board. This reduction 
 will, as a rule, be one-twelfth of aos. for every month 
 during which the staff has been insufficient for the 
 annual average attendance. 
 
 (9.) The managers of any school who desire such school to be 
 recognized as a higher elementary school must submit for the 
 approval of the Board proposals for a curriculum and time table, 
 and supply such other information as may be required by the 
 Board. The curriculum must be approved by the Board, and 
 must show that a sufficiency of science instruction, both practical 
 and theoretical, is provided for in each year. 
 
 (10.) The grants made to higher elementary schools are as 
 follows : 
 
 
 Higher Scale. 
 
 Lower Scale. 
 
 
 S. 
 
 S. 
 
 1st year 
 
 35 
 
 31 
 
 2nd year 
 
 47 
 
 43 
 
 3rd year 
 
 65 
 
 55 
 
 4th year 
 
 90 
 
 73
 
 CODE OF BOARD OF EDUCATION. 655 
 
 The Board shall decide which, if either, of these grants shall be 
 paid, in the case of each year's course, after considering the 
 report and recommendation of the inspector upon each of the 
 following four points : 
 
 (a) The suitability of the instruction to the circumstances of 
 
 the scholars and the neighbourhood. 
 
 (b) The thoroughness and intelligence with which the 
 
 instruction is given. 
 
 (c) The sufficiency and suitability of the staff. 
 
 (d) The discipline and organization. 
 
 The inspector will recommend the higher grant unless he is 
 unable to report favourably upon the school under these heads, 
 (u.) (i.) The sum named in section 10 of this article is in 
 each case the amount of a year's grant for each 
 unit of average attendance. 
 
 (ii.) For the purpose of reckoning the average attendance 
 at a higher elementary school an attendance shall 
 mean attendance during two and a half hours. 
 (12.) No grant may be received from the Board by any higher 
 elementary school in addition to the grants named in section 10 
 of this article, with the exception of the fee grant. 
 
 (13.) Separate registers and separate accounts must be kept 
 for the higher elementary school. 
 
 (14.) No scholar may attend a higher elementary school who is 
 attending an evening school or class under the regulations of the 
 Board. This does not apply in the case of a scholar attending an 
 art class above Group I. under the regulations of the directory of 
 the Board. 
 
 (15.) The other articles of the Day School Code are applicable 
 to higher elementary schools, except so far as a contrary intention 
 appears from the terms of this article. (2) 
 
 (2) The Board of Education have issued the following rules as to building 
 higher elementary schools : 
 
 For a higher elementary school accommodating from 300 to 350 scholars, 
 lo classrooms will generally be required, since every class should have its 
 own classroom. No classroom should accommodate more than 40 scholars. 
 
 (a) (i.) The classrooms may be furnished with single or dual desks as may 
 
 be desired. Single desks should be two feet long, arranged in 
 pairs with intervals of two inches and gangways of two feet, 
 (ii.) If single desks are adopted, a classroom should have an area of 
 about 16 square feet per scholar. Classrooms fitted with dual 
 desks need not be so large, but a minimum of about 13 square 
 feet per scholar will be required. 
 
 (b) Every higher elementary school should be provided with suitable 
 laboratories. 
 
 (i.) The laboratory accommodation must be sufficient to provide at one 
 
 time for the largest class in the school. 
 (ii.) There should generally be one laboratory for chemistry and one for 
 
 physics. 
 
 (iii.) A laboratory should afford 30 square feet of floor-space for each 
 scholar ; the minimum size will therefore be 600 square feet, but it 
 is, as a rule, desirable that the laboratory should be somewhat
 
 656 HIGHER ELEMENTARY SCHOOLS. 
 
 larger. If, however, the laboratory accommodates more than 
 25 scholars a second teacher would be required. 
 
 (iv. ) Laboratories must be fitted with suitable tables, which must be well 
 lighted ; they should be properly supplied with gas and water. 
 For chemical laboratories, sinks, cupboards, and the necessary fume- 
 closets must be provided. 
 
 (v.) A small balance-room may be provided if desired. 
 
 (c) (i.) In addition to the classrooms and laboratories a higher elementary 
 
 school may include a lecture-room, which should be fitted with 
 (i) a demonstration-table furnished with a gas and water supply 
 and a sink, and (2) a fume-closet. A lecture-room should have an 
 area of about 750 square feet. 
 
 (ii.) If no separate lecture-room is provided, each of the classrooms used 
 by the third and fourth years should be fitted with a simple 
 demonstration-table. 
 
 (iii.) A small preparation-room, fitted with bench, sink, cupboard and 
 shelves, and proper supply of gas, should be provided in a con- 
 venient position. 
 
 (d) A drawing classroom for the more advanced drawing is desirable. It 
 should provide 30 square feet of floor-space for each scholar ; the best size will 
 be a room with an area of 750 square feet. If suitably lighted, the hall would 
 answer for this purpose. 
 
 (e) Other special rooms for cookery, laundry-work, and manual instruction 
 should be provided in accordance with Rule 18. 
 
 (/) A higher elementary school may be planned with a central hall, but no 
 class (other than drawing) can be recognized in such a hall. Good dimensions 
 for such a hall would be 50 feet by 25 feet.
 
 TEACHERS' REGISTRATION COUNCIL AND 
 REGISTER OF TEACHERS. 
 
 ORDER IN COUNCIL OF 6TH OF MARCH, IQO2, AS MODIFIED AND 
 ALTERED BY ORDER IN COUNCIL OF IITH OF AUGUST, 
 1902. (l) 
 
 WHEREAS by virtue of section four of the Board of Education 
 Act, 1899, it is lawful by Order in Council to establish a consulta- 
 tive committee for the purpose of framing, with the approval of 
 the Board of Education, regulations for a register of teachers, 
 which is to be formed and kept in manner to be provided by 
 Order in Council : 
 
 And whereas a consultative committee has been established by 
 Order in Council ; and the committee so established have, with 
 the approval of the Board of Education, framed the regulations 
 for a register of teachers set forth in the schedule to this order. 
 
 Now, therefore, His Majesty, by and with the advice of his 
 Privy Council, and by virtue of the authority committed to Him 
 by the Board of Education Act, 1899, and of all other powers 
 enabling Him in that behalf, is pleased to order and it is hereby 
 ordered as follows : 
 
 1. For the purpose of forming and keeping such register of 
 teachers, there shall be established a registration authority, called 
 the Teachers' Registration Council, and in this order referred to 
 as the council, which shall consist provisionally of twelve members, 
 of whom six shall be appointed by the President of the Board of 
 Education, and of the remaining six one member shall be appointed 
 by each of the following bodies : 
 
 The Conference of Head Masters. 
 
 The Incorporated Association of Head Masters. 
 
 The Association of Head Mistresses. 
 
 The College of Preceptors. 
 
 The Teachers' Guild of Great Britain and Ireland. 
 
 The National Union of Teachers. 
 
 2. The members so appointed shall hold office for three years 
 from the date of this order. 
 
 3. On a casual vacancy occurring in the council during the 
 said period of three years, the authority by whom the member 
 whose seat is vacated was appointed shall appoint another 
 member in his place. 
 
 4. The first appointments of members of the council shall be 
 
 (i) The modifications and alterations made by the Order in Council of nth 
 of August, 1902, are in italics.
 
 658 TEACHERS' REGISTRATION COUNCIL. 
 
 made not later than the first day of April, one thousand nine 
 hundred and two, and each appointing authority shall as soon as 
 may be after making the appointment communicate to the Board 
 of Education the name and address of the person appointed by 
 them. 
 
 5. The first meeting of the council shall be convened by the 
 Board of Education, and that Board may take such steps as they 
 think necessary for the purpose. 
 
 6. After the expiration of three years from the date of this 
 order, the constitution of the council shall be such as may here- 
 after be provided by Order in Council. 
 
 7. If any member of the council is adjudged bankrupt or 
 makes a composition or arrangement with his creditors, or is 
 absent from meetings of the council for more than twelve months 
 consecutively, except in case of illness, or for some reason 
 approved by the council, his office shall become vacant. 
 
 8. The council may appoint committees and delegate, with or 
 without conditions or restrictions, any of their powers and duties 
 to any committee so appointed, and may regulate the procedure 
 and conduct of business of the council and of any committee so 
 appointed. 
 
 9. No act or proceeding of the council or of a committee of 
 the council shall be questioned on account of any vacancy in 
 their body. 
 
 10. The council shall establish and keep a register of teachers 
 in accordance with the regulations contained in the schedule to 
 this order, as framed by the consultative committee and approved 
 by the Board of Education, and with such other regulations as 
 may from time to time be framed and approved in like manner. 
 
 11. Subject to the approval of the Board of Education, the 
 council may provide an office and appoint a registrar, and appoint 
 or employ such other officers and persons as may be required for 
 the execution of their duties, and may assign to any person so 
 appointed or employed such remuneration as may be approved by 
 the Board. 
 
 12. All fees payable in respect of registration and matters 
 incidental thereto, as fixed by or under the said regulations, 
 shall be carried to a registration fund, and the expenses of the 
 council shall be paid out of such fund. 
 
 13. There may be paid to the members of the council out of 
 the registration fund such fees for attendance at meetings and 
 such allowance for travelling expenses as may be approved by the 
 Board of Education. 
 
 14. The accounts of the council shall be audited and published 
 by or under the direction of the Board of Education. 
 
 15. The council shall make a report of their proceedings once 
 a year to the Board of Education. 
 
 A. W. FITZROY.
 
 ORDER IN COUNCIL. 
 
 659 
 
 SCHEDULE. 
 
 REGULATIONS FOR THE FORMATION OF A REGISTER OF TEACHERS. 
 
 i. As soon as may be after the establishment of the registration 
 authority there shall be established a register of teachers (herein- 
 after called " the register ") in which the name of every registered 
 teacher shall be set forth in alphabetical order. 
 
 In addition to this alphabetical list there shall be two columns 
 distinguished as Column A and Column B. 
 
 Column A shall contain the names of all persons for the time 
 being recognized by the Board as certificated teachers under the 
 code of regulations for elementary day schools. 
 
 Column B shall contain the names of all persons who fulfil the 
 conditions of registration hereinafter set forth. 
 
 There shall also be recorded in the register in respect of each 
 teacher, when registered therein, his postal address, the date of 
 his registration, and a brief statement of his qualifications and 
 teaching experience, in the following form : 
 
 Alphabetical 
 list. 
 
 Column A. 
 
 Column B. 
 
 Address. 
 
 Date of 
 registration. 
 
 Qualifi- 
 cations. 
 
 Experi- 
 ence. 
 
 
 
 
 
 
 
 
 Additional qualifications and experience may be added from 
 time to time, when verified by the registration authority. 
 
 2. A person shall be entitled to be placed on Column B of the 
 register of teachers if he satisfies the registration authority tha 
 he fulfils the conditions set forth in regulation three; or if he 
 applies at any time within three years from the establishment of 
 the registration authority to be placed on the Column B of the 
 register, and satisfies the registration authority that he fulfils 
 the conditions set forth in regulation four. 
 
 3. A person shall be entitled to be placed on Column B of 
 the register if he fulfils the following conditions : 
 
 (i.) He must have obtained a degree conferred by some 
 University of the United Kingdom, or have obtained 
 one of the diplomas or certificates mentioned in 
 Appendix A to these regulations, or have attained 
 some other approved standard of general education. 
 
 (2.) He must either 
 
 (i.) have resided and undergone a course of training for
 
 660 TEACHER'S' REGISTRATION COUNCIL. 
 
 at least one year, or in tfie case of a student who has 
 taken honours in the Final Examination for a degree 
 after spending four academic years at some University 
 in tfie United Kingdom, have undergone a course of 
 training for two terms at least taken continuously, at 
 one of the Universities or Training Colleges mentioned 
 in Appendix D to these regulations or some other 
 recognized institution for the training of secondary 
 teachers, and have passed the examination for one 
 of the diplomas or certificates in the theory and 
 practice of teaching mentioned in Appendix C to 
 these regulations ; or 
 
 (ii.) have passed an approved examination in the theory of 
 teaching, have spent at least one year as a student 
 teacher under supervision at a recognized school (i) 
 (not being an elementary school), and have produced 
 evidence of ability to teach. 
 
 (3.) He must have spent at least one year of probation as a 
 teacher at a recognized school (not being an elementary 
 school), and must satisfy the registration authority that 
 he has shown fitness for the teaching profession, (i) 
 4. A person shall be entitled to be placed on Column B of 
 the register if at any time within four years from the establishment 
 of the registration authority he makes application to be so placed, 
 and fulfils the following conditions : 
 
 (i.) He must have obtained a degree conferred by some 
 University of the United Kingdom, or must show to the 
 satisfaction of the registration authority that he has 
 obtained one of the diplomas or certificates, or has 
 passed one of the examinations mentioned in Appen- 
 dices A and B to these regulations, or has attained 
 some other approved standard of general education ; 
 and 
 (2.) He must either 
 
 (i.) have been engaged during the three years next pre- 
 ceding his application as a teacher at a recognized 
 school or schools (i) (not being an elementary 
 school or schools) ; or 
 
 (ii.) have passed the examination for one of the diplomas 
 or certificates in the theory and practice of teaching 
 mentioned in Appendix C to these regulations, and 
 produce evidence satisfactory to the registration 
 authority of experience in teaching (other than the 
 teaching in an elementary school or teaching of a 
 purely elementary character) extending over a period 
 of not less than three years. 
 
 (i) As to the recognition of schools, see Memorandum of Board of Edu- 
 cation, p. 666.
 
 ORDER IN COUNCIL. 66l 
 
 Provided that a headmaster or headmistress of a recognized 
 school (i), not being an elementary school, shall be entitled, on 
 application to be placed on Column B of the register without 
 fulfilling the above conditions, if the applicant has held the office 
 for at least one year previous to the date of his application. 
 
 5. (i.) The registration authority may place on Column B of 
 the register the name of any person who does not fulfil all the 
 conditions of registration, but who, in their opinion, would have 
 fulfilled all the necessary conditions but for the fact 
 
 (a) that part of the period of his study or training was spent 
 
 in an approved course of study or training at a 
 foreign university, college, or school, or 
 
 (b) that part of the period of his study, training, or probation 
 
 was spent in original research certified to have been 
 conducted under proper supervision and to the satis- 
 faction of the registration authority. 
 
 (2.) The registration authority may, if they think fit, at any 
 time within three years from the establishment of the registration 
 authority, place on Column B of the register the name of any 
 person who does not fulfil all the conditions of registration, but 
 who has, in their opinion, proved himself to be an exceptionally 
 qualified teacher. 
 
 (3.) The registration authority shall report to the Board every 
 three months the name of every person registered under this 
 regulation and the grounds of his registration. 
 
 SUPPLEMENTAL REGISTERS. 
 
 6. There shall be annexed to the register supplemental registers 
 of teachers of music, drawing, physical training, manual instruc- 
 tion, cookery, needlework, and such other special subjects as may 
 be from time to time approved. 
 
 A person shall be entitled to be placed on a supplemental 
 register if he produces evidence satisfactory to the registration 
 authority 
 
 (i.) that he has acquired special knowledge of the subject 
 
 after a thorough course of training, 
 (ii.) that he is competent to teach the subject, and 
 (iii.) that he has taught the subject for a period of not less 
 
 than two years. 
 
 A person may be placed on one or more than one supple- 
 mental register whether he is or is not placed on the register. 
 
 The form of a supplemental register shall be the same as that 
 of the register except that Columns A and B shall be omitted. 
 
 7. A person whose name is placed on one or more of the 
 supplemental registers, but not on either column of the register, 
 shall not be entitled to describe himself as a registered teacher 
 
 (i) As to the recognition of schools, see Memorandum of Board of Edu- 
 cation, p. 666.
 
 662 TEACHERS' REGISTRATION COUNCIL. 
 
 without also indicating the supplemental register or registers on 
 which his name is placed. 
 
 Any person proved to the satisfaction of the registration 
 authority to have wilfully so described himself shall be liable to 
 have his name removed from any supplemental register on which 
 it is placed, and shall not be entitled lor a period of two years to 
 have his name placed on any register of teachers. 
 
 GENERAL. 
 
 8. In the case of any person applying to be placed on Column 
 B of the register, or any supplemental register, the registration 
 authority may, if they think fit, and after giving the applicant an 
 opportunity of being heard, refuse to register him on the ground 
 that his moral character renders him unfit to be employed as a 
 teacher. 
 
 9. The registration authority may at any time remove from 
 Column B of the register, or from any supplemental register, the 
 name of any person proved to their satisfaction, and after such 
 person has had an opportunity of being heard, to have been 
 guilty of felony or misdemeanour or of conduct unbefitting a 
 teacher. 
 
 10. Every person applying and qualified to be placed on 
 Column B of the register, or on a supplemental register, shall, 
 before he is so placed, pay to the registration authority the sum 
 of twenty-one shillings. A further fee of two shillings and six- 
 pence shall be paid by a teacher registered on Column B before 
 any additional qualifications or experience is recorded on the 
 register or any supplemental register. 
 
 11. No fee shall be payable for placing a person on Column A 
 of the register, but if any person so placed applies to have regis- 
 tered any qualifications and experience other than those required 
 by the Board from certificated teachers, he shall, before any such 
 qualification or experience is recorded, pay the sum of two 
 shillings and sixpence. 
 
 1 2. In approving or recognizing a degree, diploma, certificate, 
 examination, or other standard of education, for the purpose of 
 Column B, or in recognizing an institution for the purpose of 
 training, or in approving subjects for a supplemental register, the 
 Board shall act after taking the advice of the consultative 
 committee. 
 
 13. The registration authority shall from time to time and at 
 least once every year present a report of their proceedings to the 
 Board together with their observations on the working of these 
 regulations. 
 
 14. The register and every supplemental register shall be pub- 
 lished annually, and shall be open at any reasonable time to 
 public inspection on the payment of the proper fee, and any 
 person shall, on payment of the proper fee, be entitled to take
 
 ORDER IN COUNCIL. 663 
 
 copies of and make extracts from the register and any supple- 
 mental register, and to have delivered to him extracts from any 
 such register certified by the registrar to be true. 
 
 The fees for the purpose of this regulation shall be such as 
 may be fixed by the registration authority with the approval of 
 the Board. 
 
 15. In these regulations 
 
 " The Board " means the Board of Education. 
 
 "Approved" or "recognized" (i) means approved or recog- 
 nized for the time being by the Board for the purpose of the 
 regulation in which the expression is used. 
 
 The " registration authority " means the body to be established 
 for forming and keeping the register. 
 
 1 6. These regulations may be from time to time modified and 
 altered by regulations framed by the consultative committee with 
 the approval of the Board. 
 
 APPENDIX A. 
 
 A Tripos certificate granted by the University of Cambridge 
 to women. 
 
 A diploma or certificate showing to the satisfaction of the 
 registration authority that the applicant, if a woman, has fulfilled 
 all the conditions which, if the University of Oxford granted 
 degrees to women, would entitle her to a degree in that University ; 
 or that under the conditions prescribed by the Delegacy for Local 
 Examinations she has (\) passed the second public examination of 
 the University r , or (2) has obtained honours in the Oxford Uiiiversity 
 Examination for Women in Modern Languages. 
 
 A diploma or certificate showing to the satisfaction of the 
 registration authority that the applicant, if a woman, has fulfilled 
 all the conditions, which, if the University of Dublin granted 
 degrees to women, would entitle her to a degree in that University. 
 The associateship of the Royal College of Science, London. 
 The associateship of the Central Technical College, London. 
 The fellowship of the College of Preceptors. 
 A special honours certificate of the Higher Local Examina- 
 tions (Oxford and Cambridge), granted under the following 
 conditions : 
 
 (i.) that the holder has passed in four groups or sections, 
 and obtained a first or second class in at least two 
 of them; and 
 
 (ii.) that the certificate includes at least a pass in two 
 languages, and at least a pass either in Mathematics 
 or in Logic. 
 
 (i) See Memorandum of the Board of Education, p. 666, as to the 
 recognition of schools for the purpose of these regulations.
 
 664 TEACHERS' REGISTRATION COUNCIL. 
 
 APPENDIX B. 
 
 London University Intermediate Arts. 
 
 Intermediate Science. 
 
 Oxford University Pass Moderations. 
 Law Preliminary. 
 
 ., ,, Science Preliminary. 
 
 Cambridge University The General Examination. 
 In the case of women : 
 
 (i.) "Moderations" or "finals "in the University of Oxford, 
 (ii.) Tripos examinations of the University of Cambridge or 
 
 " the standard of the ordinary degree." 
 
 Oxford and Cambridge Higher Local Examinations (Honours 
 Certificate). 
 
 Birmingham University Intermediate Arts. 
 
 Intermediate Science. 
 
 Victoria University Intermediate Arts. 
 
 Intermediate Science. 
 
 University of Wales Intermediate Arts. 
 
 Intermediate Science. 
 
 Dublin University Final Examination of Senior Freshman 
 year. 
 
 Royal University of Ireland The Second University Exami- 
 nation in Arts. 
 
 College of Preceptors Licentiateship. 
 
 APPENDIX C. 
 
 Diplomas or Certificates in the Theory and Practice of Teach- 
 ing, granted by the following institutions : 
 Oxford University. 
 Cambridge 
 London 
 Victoria 
 Durham 
 
 Birmingham 
 
 Edinburgh 
 
 Aberdeen 
 
 (Higher Diploma). 
 (Secondary School Diploma). 
 (Diploma with Distinction). 
 
 Glasgow 
 
 University of Dublin. 
 
 Royal University of Ireland. 
 
 College of Preceptors (Fellowship and Licentiateship, 
 
 together with the certificate of ability to teach). 
 The National Frcebel Union Higher Certificate.
 
 ORDER IN COUNCIL. 665 
 
 APPENDIX D. 
 
 INSTITUTIONS, ETC., FOR THE TRAINING OF SECONDARY TEACHERS. 
 
 Course of training for secondary teachers at Oxford for the 
 Oxford University Diploma. (This training would be accepted, 
 provided that students stayed for a year.) 
 
 University of Cambridge (Day Training College), Secondary 
 Department. 
 
 Durham University. 
 
 Birmingham University. 
 
 Owens College, Manchester. 
 
 University College, Liverpool. 
 
 University College, Liverpool. 
 
 Yorkshire College, Leeds (provided the training were of 
 one year's duration). 
 
 University College of North Wales, Bangor. 
 
 University College of South Wales, Cardiff. 
 
 University College of Wales, Aberystwith. 
 
 Cambridge Training College. 
 
 Maria Grey College, London. 
 
 Cheltenham Ladies' College. 
 
 Bedford College for Women, University of London. 
 
 Mary Datchelor College, London. 
 
 St. George's Training College, Edinburgh. 
 
 Catholic Training College, Cavendish Square, London. . 
 
 St. Mary's Hall, Mount Pleasant, Liverpool. 
 
 2 x
 
 ( 666 ) 
 
 TEACHERS' REGISTRATION. 
 
 MEMORANDUM OF THE BOARD OF EDUCATION DATED JANUARY, 
 1903, AS TO RECOGNITION OF SCHOOLS BY THE BOARD 
 FOR THE PURPOSES OF THE TEACHERS' REGISTRATION 
 REGULATIONS. 
 
 REGISTRATION in the teachers' register is effected by the Teachers' 
 Registration Council, and all communications on the subject 
 should be addressed to the Registrar, Teachers' Registration 
 Council, 49 and 50, Parliament Street, London, S.W. 
 
 Service at a recognized school for various periods is among the 
 conditions prescribed for the registration of teachers in Column B 
 of the Teachers' Register. 
 
 Under sec. 15 of the Registration Regulations, "recognized" 
 means recognized for the time being by the Board of Education 
 for the purpose of the regulation in which the expression is used. 
 
 No specific conditions are prescribed by the Board wider which 
 schools will be recognized for the purposes of the registration 
 regulations, and it is not intended at present to prescribe any. 
 
 Such schools will be recognized as are, in the opinion of the 
 Board, efficient for the purposes in respect of which recognition is 
 required. 
 
 At present the Board give recognition of two distinct kinds for 
 the purposes of these regulations, namely, recognition for 
 
 (a) the purposes both of regulation 3 (3) and of regulation 4 ; 
 
 (b) the purpose of regulation 3 (2) ii. 
 With regard to (a) 
 
 An application for the recognition of a school for the pur- 
 poses of regulations 3 (3) and 4 of the schedule to the 
 order is not usually considered by the Board unless they 
 have been notified by the Teacher's Registration Council 
 that an application for registration in Column B has been 
 received from a teacher in the school involving the 
 question of recognition, which renders it necessary for 
 the Board to decide whether they will recognize the 
 school or not. In any event, unless such a notification 
 is received, no announcement is made to the school. 
 
 On the receipt of such a notification if the Board are not 
 already in possession of sufficient information to enable 
 them to decide, they will take whatever steps appear to 
 them necessary to obtain it. As a rule, the case is
 
 MEMORANDUM OF BOARD OF EDUCATION. 667 
 
 referred to one of His Majesty's chief inspectors, who 
 is directed to make the necessary inquiries ; he would 
 probably request the principal of the school to receive 
 an informal visit from him on the subject. In the 
 majority of instances the Board anticipate that the 
 informal visit referred to would be sufficient, but they 
 would usually offer a school which was not recommended 
 for recognition by the inspector an opportunity of under- 
 going a more formal and thorough inspection under the 
 Board of Education Act, 1899, sec. 3, and of having the 
 question reconsidered on its results. 
 With regard to (b) 
 
 Applications for the recognition of a school for the purposes 
 of regulation 3 (2) ii. need not necessarily be made in 
 connection with applications for registration. They 
 may be addressed to the Board either directly or 
 through the Teachers' Registration Council. In the 
 case of these applications the Board would further 
 require to be satisfied that the arrangements for the 
 reception and professional training of student teachers 
 were adequate, and would in nearly all cases require an 
 inspection of the school under the above-named Act to 
 be held, if the school has not recently been inspected 
 under that Act. 
 
 Information as to these inspections will be found in sec. 42 
 of the regulations of this Boarder secondary day schools. 
 
 It' may be observed that by applying for recognition under 
 the registration regulations or by the application of a 
 teacher for registration, a school is not committed in 
 regard to its future action. The Board will notify the 
 school of the information that they will require in order 
 to decide the question. It will then be open to the 
 school to afford facilities for the obtaining of that in- 
 formation or to withhold them, it being of course 
 understood that when the Board do not obtain the 
 information considered necessary, they will not be able 
 to give recognition. 
 
 Recognition when given does not involve in itself any new 
 jurisdiction of the Board over the school recognized. 
 
 Recognition will not extend beyond three years from the 
 date on which it is given, and may be withdrawn at any 
 time at the discretion of the Board.
 
 ( 668 ) 
 
 MEMORANDUM OF BOARD OF EDUCATION. 
 POWERS AND DUTIES OF COUNTY COUNCILS. 
 
 To be borne in Mind in Connection with the Passing of 
 Schemes for the Establishment of 
 
 EDUCATION COMMITTEES". 
 
 I. Powers and Duties of Council of a County. 
 
 (1) As to higher education. 
 
 To consider the needs of the area, and to take such steps 
 as seem to them desirable, after consulting the Board of 
 Education, to supply or aid the supply of education other 
 than elementary. 
 
 To promote the co-ordination of all forms of education. 
 
 (As to matters included in education other than elementary, 
 see sec. 22 (2) (3), sec. 23 (i) (2).) 
 
 (2) As to elementary education. 
 
 To take over and exercise the powers and duties of school 
 boards and school attendance committees, and to control 
 all secular instruction in public elementary schools (sec. 5). 
 
 To appoint four managers for each school provided by them 
 (sec. 6 (i)), and also one manager or more for each school 
 not provided by them (sec. 6 (2) (a) and (3) ()). 
 
 To maintain and keep efficient all public elementary schools 
 within their area under the conditions set forth in sec. 7. 
 
 To provide such additional school accommodation as may 
 be necessary, subject to the provisions of sec. 8 (i), sec. 16. 
 
 II. Main Sources of Income. 
 
 A. For higher education. 
 
 (1) The residue under 53 & 54 Viet., c. 60, s. i. 
 
 (2) The county rate, which for this purpose must not exceed 
 
 2d. in the pound unless by consent of the Local 
 Government Board. 
 
 (3) Parliamentary grant for instruction in Science and Art 
 
 subject to conditions laid down by the Board of 
 Education. 
 
 (4) Where a borough or urban district which is a local 
 
 education authority relinquishes to the county its
 
 POWERS AND DUTIES OF COUNTY COUNCILS. 669 
 
 powers under Part II. of the Act, an additional rate 
 for that borough or district not exceeding id. in the 
 pound. 
 B. For elementary education. 
 
 (1) The parliamentary grants payable in respect of public 
 
 elementary schools. 
 
 (2) The aid grant under sec. 10. 
 
 (3) Fees, where the local education authority allows fees to 
 
 be charged : but in the case of a non-provided school, 
 such proportion only of the fees as is agreed upon 
 under sec. 14. 
 
 (4) The use of the schoolhouse in the case of non-provided 
 
 schools during school hours subject to the provisions 
 of sec. 7 (i) (d) as to payment for wear and tear, and 
 for the rent of the teacher's house (if any). 
 
 (5) The county rate. 
 
 III. Manner of Exercise of Powers. 
 
 (a) Every county council shall establish an education com- 
 
 mittee or committees in accordance with a scheme to 
 be made by the council and approved by the Board of 
 Education. 
 
 (b) Every matter relating to the exercise of powers under 
 
 the Act shall stand referred to the education com- 
 mittee except the power of raising a rate or borrowing 
 money; and the council shall, unless the matter is 
 urgent, consider the report of the committee before 
 acting. 
 
 (c) The council may delegate to the committee, under any 
 
 conditions it pleases, any of its powers under the Act 
 except that of raising a rate or borrowing money. 
 So the council 
 
 must frame a scheme for the establishment of a committee ; 
 must refer every educational matter to the committee except 
 
 the raising a rate or borrowing money ; 
 may, in case of urgency, act without awaiting the report of 
 
 the committee ; 
 may delegate, on any terms it pleases, its powers under the 
 
 Act to the committee ; but 
 must not delegate its power of raising a rate or borrowing 
 
 money. 
 
 Under all circumstances the council is responsible, whether 
 for its own action, or for that of the committee. 
 
 IV. The Scheme of Establishment. 
 
 Necessary provisions 
 
 (i) There must be a majority on the committee of members
 
 6/0 MEMORANDUM OF BOARD OF EDUCATION. 
 
 of the council, unless the council of the county other- 
 wise determine. 
 
 (2) The council must appoint : 
 
 (a) persons of experience in education ; 
 
 (b} persons acquainted with the needs of the various 
 
 kinds of schools within the area. 
 These may be obtained 
 
 (a) by selection by the council from among its own 
 
 members, or from outside ; or 
 
 (b) by nomination or recommendation of other bodies 
 
 where it appears desirable. 
 
 (3) There must be at least one woman on the committee. 
 Optional Provisions. 
 
 (a) Among the bodies who may be invited to nominate or 
 recommend are included associations of voluntary 
 schools (sec. 17 (3) (b)). 
 
 (b} Among the persons whom it may be desirable to appoint 
 as members of the first committee are the members 
 of school boards existing at the time of the passing of 
 the Act. 
 
 (c) A separate education committee may be established for 
 
 all or any purposes for any area within a county ; or 
 separate education committees may be established, for 
 the whole or any part of a county, to deal with special 
 departments of work. The latter mode of distribution 
 is guarded by the provisions of sec. 17 (6). 
 
 (d) A joint committee may be formed for all or any purposes 
 
 by a combination of counties, boroughs, or urban 
 districts. 
 
 In the case of such a joint committee it is necessary 
 that a majority of the members should be appointed 
 by the councils of the counties, boroughs, or districts 
 concerned ; it does not appear necessary that a 
 majority should be members of those councils. 
 
 (The formation of such committees may be convenient 
 in the case of boroughs or urban districts which may 
 
 not desire to relinquish permanently their powers 
 under the Act, but may, nevertheless, desire to work 
 in close co-operation with the county in which they 
 are situated.) 
 
 V. Nomination or Recommendation of other Bodies. 
 
 It is probable that the representation of certain educational 
 interests within the area of a council may be effected most satis- 
 factorily by the nomination of a member of the committee by 
 some society within the area or representative of some educational 
 interest within the area. 
 
 This course may save the council some trouble in selection,
 
 POWERS AND DUTIES OF COUNTY COUNCILS. 6/1 
 
 and may also be most satisfactory to the society which is to be 
 represented. In other cases it might be more convenient that a 
 society should be invited to recommend a representative, or to 
 recommend certain persons from among whom the council might 
 choose a representative. 
 
 In the case of nomination it must be assumed that the council 
 places itself in the hands of the body whom it invites to nominate. 
 
 In the case of recommendation, suggestions might be made on 
 both sides with a view to the choice of some one acceptable to 
 the council and representative of the interest concerned. 
 
 In each case the appointment is made by the council, but 
 either method would ensure that the person appointed was con- 
 sidered to be really representative by the interest concerned. 
 
 VI. Duties of the Board of Education in respect of Schemes. 
 
 (1) To give publicity to the provisions of the proposed scheme 
 (sec. 17 (6)). 
 
 (2) To hold an inquiry if necessary (sec. 23 (10)). 
 
 (3) To be satisfied that where the scheme provides for more 
 than one committee due regard is paid to the importance of 
 co-ordinating all forms of education (see sec. 17 (6)). 
 
 It would not be desirable to perpetuate the severance of 
 elementary from higher education by the creation of 
 separate committees for each. But it may often be con- 
 venient to establish sub-committees which might, under 
 the supervision of the education committee, administer 
 the various forms of education. 
 
 (4) In the event of a scheme not having been made, or not 
 having been approved within twelve months after the passing of 
 the Act, to make a provisional order for the purposes of a scheme. 
 
 (A ground on which the Board might be asked to withhold 
 its approval of a scheme would be the non-representation 
 or inadequate representation of some of the educational 
 interests within the area. An educational body or asso- 
 ciation might complain 
 (a) that the interests with which it was concerned were 
 
 wholly unrepresented ; 
 (b} that the person chosen to represent it was not really 
 
 representative ; 
 (c) that no security was afforded by the scheme for the 
 
 continuance of its representation. 
 
 Points such as these should be carefully considered in 
 framing a scheme.) 
 
 VII. Further Powers of County CoimciL 
 
 Delegation to the council of any borough, district, or parish, on 
 conditions to be agreed upon, of the powers of management which
 
 672 MEMORANDUM OF BOARD OF EDUCATION. 
 
 it possesses in respect of any school or college within the area 
 of such borough, district, or parish. 
 
 Acquisition by arrangement and with the approval of the 
 Board of Education of the powers of a borough or urban district 
 which is a local education authority under the Act, and which 
 may relinquish to the county its powers under Part II. or Part III., 
 or both. 
 
 VIII. Disqualifications. 
 
 The circumstances which would disqualify a person for member- 
 ship of the council disqualify for membership of the committee 
 appointed by the council, except that no person is disqualified 
 by his holding office in a school or college aided, provided, or 
 maintained by the council. 
 
 A person is disqualified for voting in the county council on 
 any question relating only to Part III. if he is elected for a 
 division which consists wholly of a borough or urban district or 
 of a part of such borough or district which is a local education 
 authority for Part III. of the Act (see sec. 23 (3)). 
 
 IX. Draft Scheme. 
 
 Among the more important matters for which a draft scheme 
 should provide are the following : 
 
 (1) The number of the proposed committee. 
 
 (2) How many are required to be members of the council. 
 
 (3) The educational interests which it is proposed should be 
 represented. 
 
 (4) How it is proposed to secure their representation by 
 selection, recommendation, or nomination. 
 
 (5) What security is provided for the permanence of such 
 representation. 
 
 (6) What provision is made for the appointment of women. 
 
 (7) If more committees than one are they constituted for 
 separate areas or for separate administrative duties their pro- 
 posed numbers and composition the number, duties, and com- 
 position of sub-committees. 
 
 (8) The term of office of members of the committee, and the 
 arrangements for retirement and the filling of vacancies, occurring 
 casually or at stated times. 
 
 [Similar memoranda, with the necessary adaptations, have been 
 issued by the Board of Education with reference to the powers 
 and duties of councils of county boroughs, and the councils of 
 boroughs and urban districts, when they are local education 
 authorities under Part HI. of the Act.]
 
 673 
 
 MEMORANDUM OF BOARD OF EDUCATION. 
 
 EDUCATION COMMITTEES. 
 
 Various applications have been made to the Board of Educa- 
 tion for suggestions with respect to the constitution of education 
 committees and the framing of schemes for the purpose. 
 
 The details of any scheme must be settled by the councils by 
 whom the schemes are made. But with a view to assisting 
 councils who have not as yet framed schemes for themselves and 
 desire assistance, the Board make the following suggestions as to 
 the main matters which should be provided for by the scheme. 
 
 1. The heading of the scheme should be 
 
 * COUNTY EDUCATION COMMITTEE, 
 
 or 
 
 '"" BOROUGH EDUCATION COMMITTEE, 
 or 
 
 * URBAN DISTRICT EDUCATION COMMITTEE. 
 
 Proposed Scheme for the Constitution of an Education Committee 
 under the Education Act, 1902. 
 
 2. The following clause contains suggestions for the constitu- 
 tion of the committee, all or any of which can be adopted, as 
 circumstances require : 
 
 The education committee (hereinafter called the com- 
 mittee) shall, when complete, consist of members, 
 including persons of experience in education, and persons 
 acquainted with the needs of the various kinds of schools in 
 the , appointed by the council (hereinafter 
 called the council), being : 
 t Members of the council ; 
 t Ex-officio members (e.g., the chairman or vice-chairman 
 
 of the council) ; 
 
 t Nominated members, one nominated by each of the 
 following bodies, e.g. : 
 
 The council of the university of ; 
 
 * Here insert the name of the area for which the committee is appointed, 
 t Here insert number (if any).
 
 6/4 MEMORANDUM OF BOARD OF EDUCATION. 
 
 t Recommended members, one * recommended by each 
 of the following bodies, e.g. : 
 The Chamber of Commerce of 
 The Agricultural Society of 
 The Association of 
 The governing body of the 
 An electing body consisting of 
 f Members appointed after consultation with : 
 
 The 
 
 f Selected members, of whom at least shall be women. 
 The following interests : 
 University education ; 
 The secondary education of boys and girls in its 
 
 higher and lower grades ; 
 
 Technical instruction and commercial and industrial 
 education having special regard to the industries of 
 the ; 
 
 The training of teachers ; 
 Elementary education in council schools and in 
 
 voluntary schools ; 
 
 shall always be represented either among the members ap- 
 pointed from the council or among members appointed from 
 outside the council. 
 
 In the event of any of the nominating or recommending 
 bodies ceasing to exist, the county council shall substitute 
 such other body as in their opinion is of the same character 
 or represents the same interests as the body which has 
 ceased to exist. 
 
 3. It will possibly be advisable to make it clear whether a 
 member of the council is to be eligible as a nominated or recom- 
 mended member of the committee, or whether it is necessary for 
 a nominated or recommended member to be a member of the 
 nominating or recommending body. The following paragraphs, 
 each drawn in an alternative form, are suggested for the purpose 
 of making this clear; they could be added to the foregoing 
 clause : 
 
 f A ) 
 
 (1) -s^ ? member of the council shall be eligible as a 
 
 nominated or recommended member of the committee. 
 
 (2) A nominated or recommended member 4 rr .} be 
 
 (need not) 
 
 a member of the nominating or recommending body. 
 
 4. Some provision should be made with respect to the term of 
 office of the members of the committee. 
 
 * It may often be found convenient to define the mode in which the 
 members are to be recommended, and to insert after " one " some such phrase 
 as the following : " Selected by the council from not less than two nor more 
 than four persons." 
 
 t Here insert number (if any).
 
 EDUCATION COMMITTEES. 6/5 
 
 Members of the council who are appointed as such will neces- 
 sarily go out of office if they cease to be members of the council. 
 The term of office of such a member should, therefore, unless a 
 shorter term is fixed, be made coincident with his ordinary term 
 of office as a councillor. 
 
 It will, however, be noticed that in boroughs, and in urban 
 districts where the members retire in rotation, and not simul- 
 taneously, it will be very difficult to formulate any plan in practice 
 which provides for the simultaneous retirement of all members of 
 the committee, and also provides for the term of office of a 
 councillor as a member of the committee being coincident with 
 his term of office as a member of the council. 
 
 As regards outside members it may be convenient that their 
 term of office should, in counties, and in urban districts where 
 the members retire simultaneously, expire at the same time as 
 the term of office of members of the committee who are members 
 of the council. On the other hand, this is not at all necessary, 
 and, from the point of view of continuity of policy, may be 
 inadvisable. 
 
 If simultaneous retirement is not adopted, the term of office for 
 outside members can be fixed without regard to the term of 
 office of members of the committee who are members of the 
 council, and, if necessary, different terms of office may be fixed 
 for different classes of outside members. 
 
 There is also another alternative, namely, to leave the term of 
 office of members of the committee to the discretion of the 
 appointing council. 
 
 To 'meet these various cases the following alternative clauses 
 are suggested : 
 
 The term of office of members of the committee shall be 
 
 years, except that the first members, instead of being 
 
 appointed for years, shall be appointed each for a term 
 
 of office ending on the next ordinary day of retirement of 
 
 councillors.* 
 
 Or, 
 
 The term of office of members of the committee who are 
 members of the council appointed by the council as such, 
 shall be the same as their term of office as members of the 
 appointing council, f 
 
 The term of office in the case of members of the com- 
 mittee not appointed by the council as members of the 
 council shall be 
 
 (a) in the case of nominated members, years ; 
 
 (b) in the case of recommended members, years; 
 
 and so on : 
 
 * It will be found that a provision of this sort is practically only appli- 
 cable in counties, and in urban districts, where the members retire simul- 
 taneously. 
 
 t Possibly some shorter term may be desirable in the case of aldermen.
 
 676 MEMORANDUM OF BOARD OF EDUCATION. 
 
 Or, 
 
 The term of office of each member of the education com- 
 mittee shall be such as may be determined in each case by 
 the council appointing the committee. 
 
 5. A provision limiting the term of office of members appointed 
 to fill casual vacancies will not be required except in cases where 
 the whole committee go out of office together, or where regular 
 rotation is provided for. If any such provision is required, it 
 might be in the following form : 
 
 Members appointed to fill casual vacancies shall be ap- 
 pointed only for the remainder of the term of office of the 
 outgoing member, and subject to the same provisions as 
 regulated the appointment of that member. 
 
 6. It is possible that in some cases the scheme will provide for 
 one of the nominated or recommended persons being elected by 
 some body of persons with no machinery available for the pur- 
 pose, e.g., by the headmasters of secondary schools in the area, 
 or by the teachers in elementary schools in the area, or by the 
 managers of a large number of schools. If this is the case, it 
 will be well to provide for the mode in which the election is to 
 take place (e.g., by voting papers or by calling a meeting), and for 
 the determination of the persons who are qualified to elect. 
 But this is a matter which may, of course, be left to the council 
 appointing the committee ; at any rate, power should be given to 
 the council to alter any regulations laid down with regard to this 
 matter in the scheme : 
 
 If it is necessary to make provision on this subject the follow- 
 ing clause is suggested : 
 
 "The person to be nominated or recommended as a 
 
 member of the committee by an electing body consisting of 
 
 shall be elected in accordance with regulations 
 
 framed from time to time by the council for the purpose, or 
 
 [in accordance with the regulations contained in the schedule 
 
 to this scheme; but those regulations shall be subject to 
 
 alteration by the council from time to time]." 
 
 If it is decided that the regulations should be attached to the 
 
 scheme, the Board of Education will be glad, if desired, to 
 
 suggest a form of regulations. 
 
 7. It will probably be found advisable to make some provision 
 as to the determination of office of members (not being members 
 of the council who are appointed as such) in addition to that 
 made by the Act as respects disqualification. A clause could 
 easily be framed for the purpose on the lines of sec. 46 of the 
 Local Government Act, 1894, or the following clause could be 
 adopted : 
 
 Any member who is incapacitated from acting, or who 
 communicates in writing to the committee a wish to resign, 
 or who is absent from all meetings of the committee during 
 a period of months (except for some reason approved
 
 EDUCATION COMMITTEES. 677 
 
 by the committee), or who being, when appointed, a member 
 of the council ceases to be a member of the council, shall 
 thereupon cease to be a member of the committee. 
 
 8. The foregoing provisions seem to be all the provisions 
 which are required in an ordinary scheme. 
 
 All matters relating to the proceedings of the committee are 
 matters which are more properly determined by the appointing 
 council under para, (i) of the First Schedule to the Act than 
 determined by the scheme. 
 
 The powers to be exercised, and the duties to be performed, 
 by the council, so far as they are not regulated by the Act, are 
 also matters which should be regulated by the council from time 
 to time and should not be included in the scheme. 
 
 The same remark applies with even greater force to any pro- 
 vision in the scheme as to the delegation of powers. 
 
 It will no doubt be found in future most convenient that all 
 the provisions relating to the constitution, duties, and proceed- 
 ings of the committee should be collected in one document for 
 the use of the committee. It will, therefore, be very useful if the 
 council, after the committee have got into working order, could 
 print under one cover : 
 
 (1) The scheme for the constitution of the committee; and 
 
 (2) The provisions of the Act specially affecting the education 
 committee, e.g. sec. 17 (2) and (4) and Schedule I. A., (i)-(6); 
 and 
 
 (3) Any standing orders or regulations made by the county 
 council under Schedule I., A., par. (i). 
 
 ROBERT L. MORANT. 
 February gih, 1903.
 
 ( 6/8 ) 
 
 MEMORANDUM OF BOARD OF EDUCATION. 
 
 FOUNDATION MANAGERS. 
 
 [20th December, 1902.] 
 
 1. The Education Act, 1902, materially alters the conditions 
 under which voluntary public elementary schools are at present 
 managed, and this preliminary memorandum has been prepared 
 by the Board of Education in order to assist owners, trustees, 
 and managers of such schools to decide whether they will apply 
 for an order under sec. 1 1 of the Act, and in order to facilitate 
 the work of making and considering such applications. It must 
 be regarded as subject to such modification as further experience 
 may show to be necessary. 
 
 2. Every such voluntary school will henceforth be managed 
 by a body normally consisting of six persons, of whom four will 
 be "foundation managers" representing the interests of those 
 by whom the school was established or is at present managed. 
 The manner of their appointment under the Act is the chief 
 subject of this memorandum. The remaining two managers will 
 be representative of local authorities. (As regards the possibility 
 of a larger number of managers than six, see below, par. 17 (a).) 
 The " foundation managers " will, although appointed in a different 
 manner, act together with the two other managers for all the 
 purposes of conducting a public elementary school and with 
 them will compose the body which is spoken of in the Act as 
 " the managers of the schools." 
 
 3. If the school has a "trust deed" (an expression explained 
 below, par. 6), and the deed permits of the appointment of four 
 foundation managers and gives sufficient and practicable direc- 
 tions as to the manner of their appointment, the intervention of 
 the Board will not usually be required, and the present managers 
 will only have to see that four such managers are properly 
 appointed to act with the two other managers. If, however, this 
 is not the case, then the proper course for the present owners or 
 trustees or managers is to apply to the Board of Education for 
 an order under sec. n of the Act for the purposes of meeting 
 the case. It is expected that such an order will be found neces- 
 sary for a large majority of voluntary schools. Any failure to 
 make or delay in making application where such is necessary, 
 may result in serious embarrassment and inconvenience to the 
 district served by the school.
 
 FOUNDATION MANAGERS. 679 
 
 If the owners or trustees or managers do not think fit to apply 
 to the Board for such an order within three months of the passing 
 of the Act, the local education authority, or any person interested, 
 may after that period make application. 
 
 4. It is to be remembered that (except in the case of such 
 privately owned schools as are the absolute property of the 
 owner, and are subject to no trusts whatsoever), managers and 
 trustees of elementary schools usually hold the school premises 
 upon trust, either themselves to carry on a school therein or to 
 permit it to be carried on. It is therefore not open to either 
 body, or even to both bodies acting together, to close the school 
 as or when they please. An attempt to close the school capri- 
 ciously or for insufficient reasons may involve the consequences 
 attendant on a breach of trust. If trustees or managers are unable 
 or unwilling to carry on the school it is their duty at once to apply 
 to the Board of Education (who for this purpose may exercise 
 the powers formerly possessed by the Charity Commissioners) to 
 be relieved of their trust or for direction in the matter. 
 
 The following paragraphs of this memorandum assume that it 
 is intended to carry on the school in accordance with the trusts, 
 except in so far as those trusts are modified by the Act. 
 
 5. Sec. ii provides that "if it is shown to the satisfaction of 
 the Board of Education that the provisions of the trust deed as 
 to the appointment of managers are in any respect inconsistent 
 with the provisions of this Act, or insufficient or inapplicable for 
 the purpose, or that there is no such trust deed available, the 
 Board of Education shall make an order under this section for 
 the purpose of meeting the case." 
 
 6. Under sec. 24 (5) the expression " trust deed " includes 
 " any instrument regulating the trusts or management of a school." 
 
 For the purposes of the Act therefore the term " trust deed " 
 includes not only deeds in the ordinary sense, but also any of 
 the following instruments if they provide for the appointment 
 of trustees or give directions for the management of a school or 
 its endowment, viz.: 
 
 (i.) Orders of the Court of Chancery ; 
 (ii.) Orders of a county court under the Charitable Trusts 
 
 Acts, 1853 and 1860; 
 
 (iii.) Orders of the Charity Commissioners ; 
 (iv.) Schemes made under the Endowed Schools Acts ; 
 (v.) Schemes made by the Education Department under 
 
 sec. 75 of the Elementary Education Act of 1870 ; 
 (vi.) In the case of privately owned schools, a lease or agree- 
 ment in writing by which a school is let to managers 
 for the purposes of a school may be usually regarded 
 as a trust deed, and any trust declared therein attaches 
 to the whole of the tenants' interest whatever it may 
 be. The proper course of action in such cases is 
 indicated below (par. ii).
 
 68O MEMORANDUM OF BOARD OF EDUCATION. 
 
 7. Application for an order under sec. 1 1 may be made within 
 three months of the passing of the Act by " the existing owners, 
 trustees, or managers of a school" The trustees are those 
 persons in whom the property in the school premises is now 
 vested. These persons may also be entitled to act as managers, 
 but in the case of most elementary schools the two bodies are 
 distinct. 
 
 For the purposes of this Act it is indifferent whether the appli- 
 cation is made by the trustees or by the managers, but in any 
 case the application should be signed by a majority of the body 
 which applies. It is also obviously desirable that before applying 
 the managers and trustees should consult one another, and also 
 the owner if there is one. 
 
 8. Application should be made on the special form provided 
 for the purpose (Form E. A. 2), and it is important that full 
 information under the several heads should be given. Any 
 failure to supply the information required may lead to con- 
 siderable delay in dealing with the case. Applications should 
 be either sent directly to the Secretary, Board of Education, 
 Whitehall, or transmitted through the secretary of any voluntary 
 school association to which the school may belong. The latter 
 course is perhaps the most convenient, in order that the appli- 
 cations may reach the Board in batches corresponding to geogra- 
 phical or administrative divisions, and that time may be saved 
 in dealing with them. 
 
 9. In cases where an order is required (see below, par. 17) 
 to adapt the provisions of the deed to the new conditions of 
 management created by the Act, and where the trust deed departs 
 from the usual type or contains unusual provisions as to the manage- 
 ment of the school, it is desirable that special recommendations 
 should be made by the applicant as to the provisions to be 
 embodied in the order. In other cases recommendations may 
 conveniently be made (in the case of denominational schools) 
 in or by reference to one of the forms adopted by the National 
 Society, or associations of Church of England, Roman Catholic, 
 Wesleyan, or other schools. It is desirable that where schools 
 have trust deeds of a similar type, uniformity in the provisions 
 relating to the appointment of foundation managers should be 
 secured, as far as is possible consistently with due regard to the 
 trust deed and local circumstances. 
 
 10. Where there is no trust deed and the school is not claimed 
 as private property, but is held on implied trusts (i.e. such as 
 may be presumed from usage), it is undesirable that the persons 
 now managing the school should attempt to make a trust deed ; 
 they should either apply to the Board for an order under sec. 1 1 
 of the Act, or, in case of doubt or difficulty as to their rights and 
 duties, for direction under the Charitable Trusts Acts. 
 
 n. Where school premises are held by lease or agreement 
 from a private owner, it is not open to the owner, pending the
 
 FOUNDATION MANAGERS. 68 1 
 
 term of the tenancy, to modify the trusts on which the premises 
 are held. In such cases, if the conditions of letting do not allow 
 of the appointment of the number of foundation managers re- 
 quired by the Act, it is the duty of the owner or the managers to 
 apply to the Board for an order under sec. 1 1 (see also below, 
 para, 14). 
 
 12. In cases of doubt or difficulty where the trust deed is 
 defective or insufficient in any particulars, the trustees should not 
 attempt to supplement it by a new deed, but should apply for 
 direction to the Board of Education (exercising the powers 
 formerly belonging to the charity commissioners in respect of 
 purely educational endowments). 
 
 13. The defects in a deed may be cured by an order under 
 sec. 1 1 ; where this is not possible it is open to the trustees to 
 apply to the Board of Education for a scheme, but no schemes will 
 be made at present unless it is clearly shown that an order would 
 be insufficient to secure the proper management of the school. 
 
 14. Where school premises are the property and in the posses- 
 sion of a private owner free from any trusts, express or implied, 
 for educational purposes, several courses are open to him. 
 
 (i.) He may retain them in his own hands and as his abso- 
 lute property, permitting them to be used by managers 
 appointed by himself. In this case, as there is no trust 
 deed, he will have to apply to the Board of Education 
 for an order appointing foundation managers. This 
 course is perhaps the least convenient. 
 
 (ii.) He may execute a declaration of trust making himself, 
 either alone or jointly with others, trustee of the 
 school, either in perpetuity or for a fixed period, 
 (iii.) He may convey the school to trustees in perpetuity, 
 (iv.) He may let the school to managers by lease or agree- 
 ment for a term of years, or from year to year, at a 
 nominal or a substantial rent. This rent must now be 
 paid by the managers out of funds other than those 
 provided by the local education authority, and must 
 not be charged in the school accounts. 
 
 In the second, third, and fourth cases above-mentioned he 
 may insert in the trust deed, lease or agreement, such provisions 
 as to management and mode of appointing managers as he 
 thinks fit. If these provisions are consistent with and sufficient 
 for the purposes of the Act, no order under sec. it will be 
 required. It is obviously desirable that in any case he should 
 act under competent legal advice, and the Board of Education 
 cannot undertake to advise an owner as to the manner in which 
 he should carry out his intention. 
 
 It may be noted that if the owner lets the school to a local 
 education authority it becomes a " provided " school subject to 
 the "Cowper-Temple clause," and all the other provisions of the 
 Act applicable to such schools will attach to it. The relations 
 
 2 Y
 
 682 MEMORVNDUM OF BOARD OF EDUCATION. 
 
 between the owner and the local authority will be merely those 
 of landlord and tenant, (i) 
 
 15. An order under sec. n will be required in all cases where 
 there is no trust deed or where the trust deed is not available. 
 Where a trust deed is known to have existed, every effort should 
 be made to discover it. Where the trust deed cannot be found, 
 particulars should be given in the application form of any draft, 
 abstract, or other documents from which the trusts of the school 
 may be collected. 
 
 1 6. Where no trust deed is known to have existed, it is 
 important that full particulars of the usage which has prevailed 
 in the management of the school at different periods should be 
 supplied. The direction contained in sec. 1 1 (4) that the Board 
 " shall have regard to ... the principles on which the education 
 given in the school has been conducted in the past," is specially 
 applicable to such cases. 
 
 17. It is apprehended that where there is a trust deed an order 
 will usually be required in the following cases : 
 
 (a) Where the trust deed contemplates a number of managers 
 
 either greater or less than four. 
 
 Four is the normal number of foundation managers 
 contemplated by the Act and will usually be found 
 the most convenient. Under the provisions, however, 
 of sec. 6 (3) (l>), the local education authority may 
 increase the total number of managers, the foundation 
 managers and local authority's managers being pro- 
 portionately increased. In the circumstances to which 
 sec. 6 (2) (b) of the Act applies (viz., where the local 
 education authority are the council of a borough or 
 urban district) the number of managers of the two 
 classes respectively might be 6 and 3 ; but where the 
 local education authority are the council of a county, 
 the number of managers must be increased (if increase 
 is thought desirable) to 8 and 4 respectively, or to 
 some other multiple of 4 and 2. It will probably be 
 found in most cases that 12 is an inconveniently large 
 number of managers. Orders of the Board under 
 sec. 1 1 will be so drawn as to meet the case of future 
 increase in the number of managers. 
 
 (b) Where the trust deed gives (i.) no directions as to the 
 
 appointment of managers, or (ii.) such directions as 
 cannot be fulfilled. 
 
 (c) Where by reason of changes in local or other circum- 
 
 stances, the trust deed has become inapplicable for 
 the purposes of the management of the school, or a 
 strict adherence to the letter of the deed would defeat 
 its intention. 
 
 1 8. In order to avoid delay in bringing this part of the Act 
 into operation, it is probable that most orders under this section
 
 FOUNDATION MANAGERS. 683 
 
 will, in the first instance, be made in the form of " interim 
 orders," which will not be confirmed until the local education 
 authorities have had time to make preparation for the proper 
 consideration of the notices and draft final orders, which, under 
 the section, will be sent to them as well as to the owners, trustees, 
 and managers. 
 
 In ordinary cases, notices and draft final orders will also be 
 sent by the Board of Education to the parish council or parish 
 meeting or other minor local authority of the area in which the 
 school is situated, as representing " other persons interested." 
 
 19. It will greatly assist the Board if bodies of trustees and 
 managers will appoint some person to receive and distribute all 
 notices and orders on their behalf. 
 
 (i) The Board of Education in a memorandum dated the 26th February, 
 1903, with reference to par. 14, as to schools held by private owners free from 
 any trusts, state as follows : 
 
 1. In par. 14 of the memorandum issued by the Board on the 2Cth 
 December, 1902, the various courses open to private owners of schools were 
 set out, and it was stated that the least convenient course for an owner 
 to adopt was to retain the school premises in his own hands and apply to 
 the Board for an order under sec. n, appointing foundation managers. 
 
 2. The Board were led to this conclusion by the following considerations : 
 (a) An order under sec. II can make provision for the appointment of 
 
 managers only, and cannot include any provisions relating (for instance) 
 to the character of the instruction to be given in the school, or the use of 
 the premises out of school hours. 
 
 (l>) It is possible that in some cases a difference of opinion as to the form 
 of order might arise between the Board and the owner of the school, 
 which it is very desirable to avoid ; and it would therefore be more 
 convenient that the owner should declare his own wishes as to the con- 
 stitution of the managing body. 
 
 (c) When a final order under sec. 1 1 has been made, it can only be varied 
 by a further order of the Board. A draft of such varying order must, 
 under sec. 1 1 (8) of the Act, be laid before each House of Parliament for 
 30 days during which Parliament is sitting. In the event of either 
 House deciding that the draft, or any part thereof, should not be pro- 
 ceeded with, the draft would have to be dropped and a fresh draft made 
 which would be subject to the same procedure. 
 
 3. For these reasons, among others, the Board consider that the most 
 convenient course for a private owner, who wishes to retain the property in 
 and control over his own schools, is to let the school premises at a nominal 
 (or substantial) rent for the purposes of a school. The conditions of the 
 letting may be expressed in any simple agreement, which for the purposes of 
 the Act would fall under the definition ot a trust deed. This agreement must 
 contain provisions for the constitution and continuance of a body of four 
 foundation managers, and may also give full expression to the owner's wishes, 
 so far as these are consistent with the provisions of the Act, as to the principles 
 on which the school is to be conducted, the use of the premises out of school 
 hours, and other matters in which he is interested. If such an agreement is 
 made, an order of the Board under sec. II will not be required. The 
 agreement may be for a tenancy from year to year, terminable by notice on 
 either side, and if it does not work satisfactorily it can be terminated and a 
 fresh agreement substituted without difficulty or delay. 
 
 4. The Board do not think it desirable that they should issue any model 
 form of agreement for use by private owners. The agreement should, how- 
 ever, provide (a) for the appointment of the first four foundation managers,
 
 684 MEMORANDUM OF BOARD OF EDUCATION. 
 
 () for filling up any vacancies which may occur in their number. It would 
 usually be convenient that school premises should be let to a single tenant 
 (who may be the nominee of the landlord) for use as a school under the 
 management of the foundation managers. If the premises were let directly 
 to the foundation managers, a change among the managers would also involve 
 a change among the tenants, and this might give rise to some practical incon- 
 venience. The premises might of course also be let to an Incorporated 
 Society, but there is no practical reason why they should not be let to an 
 individual. 
 
 5. The Board have of course no desire to evade any of the duties imposed 
 on them by sec. 1 1 of the Act, and if any private owner prefers to dispense 
 with an agreement and to apply for an order under sec. II, the Board will 
 act on such an application. If, however, he adopts the course suggested in 
 this memorandum and makes an agreement, it is desirable that he should at 
 once inform the Board of the fact.
 
 MEMORANDUM OF BOARD OF EDUCATION. 
 ENDOWMENTS UNDER SEC. 13 OF EDUCATION ACT, 1902. 
 
 [i6th February, 1903.] 
 
 1. This memorandum has been prepared to assist trustees of 
 endowments, applicable or applied in connection with elementary 
 schools, and also local education authorities in cases of difference 
 of opinion or doubt as to the effect of sec. 13 of the Education 
 Act, 1902. 
 
 It is concerned solely with the proper procedure in such cases 
 and does not attempt to state the principles on which the decision 
 of questions arising under the section will be based. 
 
 2. By sec. 13 of the Education Act, 1902, it is provided : 
 
 (1) Nothing in this Act shall affect any endowment, or the 
 discretion of any trustees in respect thereof: Provided that, 
 where under the trusts or other provisions affecting any 
 endowment the income thereof must be applied in whole or 
 in part for those purposes of a public elementary school for 
 
 . which provision is to be made by the local education authority, 
 the whole of the income or the part thereof, as the case may 
 be, shall be paid to that authority, and in case part only of 
 such income must be so applied and there is no provision 
 under the said trusts or provisions for determining the 
 amount which represents that part, that amount shall be 
 determined in case of difference between the parties con- 
 cerned, by the Board of Education ; but if a public inquiry 
 is demanded by the local education authority, the decision 
 of the Board of Education shall not be given until after such 
 an inquiry, of which ten days' previous notice shall be given 
 to the local education authority and to the minor local 
 authority and to the trustees, shall have been first held by 
 the Board of Education at the cost of the local education 
 authority. 
 
 (2) Any money arising from an endowment, and paid to 
 a county council for those purposes of a public elementary 
 school for which provision is to be made by the council, 
 shall be credited by the council in aid of the rate levied for 
 the purposes of Part III. of this Act in the parish or parishes 
 which in the opinion of the council are served by the school 
 for the purposes of which the sum is paid, or, if the council 
 so direct, shall be paid to the overseers of the parish or
 
 686 MEMORANDUM OF BOARD OF EDUCATION. 
 
 parishes in the proportions directed by the council, and 
 applied by the overseers in aid of the poor rate levied in the 
 parish. 
 
 3. This clause, it should be observed, deals solely with the 
 income of such endowments as under the trusts must necessarily 
 be applied either in whole or in part to purposes for which the 
 local education authority have to provide. Income, which must 
 or may be applied to purposes for which managers have to pro- 
 vide or to educational purposes other than those for which the 
 local authority have to provide is not dealt with by the section. 
 Any income which is necessarily applicable to local authorities 
 purposes will be payable to the local authority and (in the case 
 of a county council) applied by them in reduction of the rates in 
 the area served by the school. 
 
 4. Trust deeds are often expressed in vague and general terms, 
 giving no direction which would clearly require the application of 
 the income of the endowment to one or other of the purposes 
 above named ; and sometimes there are no written trusts. 
 
 In such circumstances trustees cannot safely assume that they 
 have a discretion in the matter. This is a question of interpre- 
 tation, and one which can be decided only on the merits of each 
 case. In every case of difference of opinion or doubt trustees 
 may apply to the Board of Education for direction in the matter, 
 and if they act upon such direction they are completely protected 
 against personal liability. Such application may be made under 
 the Charitable Trusts Acts, the jurisdiction under which has, in 
 the case of endowments held solely for educational purposes, 
 been transferred to the Board of Education by the Board of 
 Education Act, 1899, and the Board of Education (Powers) 
 Orders in Council, 1900 to 1902. In case such an application is 
 found desirable the form provided on page 2 of Form E.A. 8 
 should be used. In case of doubt and pending such direction, 
 the only safe course for the trustees to pursue is to leave in their 
 banker? hands any moneys not expended by them before the z6t/i 
 March, 1903 (or such later date as may be fixed as the " appointed 
 day "for sec. 13 of the Act to come into operation in this particular 
 area) or received by them on or after that date. 
 
 5. Before, however, applying to the Board of Education it is 
 very desirable that trustees should place themselves in communi- 
 cation with the particular local education authority which has or 
 may have an interest in the matter. In all cases it is very desir- 
 able that any application for advice or direction should be made 
 jointly by the local education authority and the trustees. Each 
 local education authority has a financial interest in the decision 
 of questions relating to endowments applicable in connection 
 with elementary schools within its area. The Board would there- 
 fore not be justified in giving their advice or direction to either 
 party upon an ex parte statement. The adoption of this policy 
 by the Board will necessarily lead to some delay in the decision
 
 ENDOWMENTS. 68/ 
 
 of questions under this section, and there will be cases in which 
 it would be impossible or very undesirable for the Board to sus- 
 pend all decision or action until the local education authority is 
 in a position to deal with the matter. The Board, however, 
 recognize that in ordinary circumstances it is most desirable that 
 full time should be allowed to the local authorities for the exami- 
 nation of the facts and the expression of their views. 
 
 In many cases careful consideration by both parties may show 
 that the intervention of the Board is not required. 
 
 6. It is to be observed that under sec. 5 of the Charitable 
 Trusts Act, 1860, the Board can decline to exercise jurisdiction in 
 very contentious cases, and may leave the matter to be decided by 
 the courts. On the other hand, no legal proceedings relating to 
 the administration of endowments held for purely educational 
 purposes can be commenced or entertained by any court or 
 judge without the certificate of the Board of Education (or in the 
 case of mixed charities without the consent of the Charity Com- 
 missioners), unless the Attorney-General, acting ex officio, thinks 
 fit to move in the matter. 
 
 7. It is also to be observed that under the provisions of 
 sec. 23 of the Charitable Trusts Act, 1853, and sec. 31 of the 
 Charitable Trusts Amendment Act, 1855, the Board have power, 
 on the application of the parties interested, to authorize compro- 
 mises of any claims against charities held for purely educational 
 purposes or against the trustees or administrators thereof. This 
 power will possibly be found useful in dealing with obscure or 
 complicated questions arising under sec. 13, especially where the 
 difficulty of the questions is out of proportion to the amount 
 of money involved, and the attention of local education authori- 
 ties and trustees is particularly drawn to it. 
 
 If a compromise order is desired application should be made 
 by both parties in the manner provided in Form E.A. 8. (i) 
 
 8. For the purpose of facilitating the determination of the 
 questions arising under sec. 13 the Board have prepared a 
 form of return in which information may conveniently be given 
 as to the nature of any endowment, the trusts to which it is> 
 subject, the income and expenditure thereof for the last three 
 years, and its financial position as on the 25th March, 1903. 
 
 9. The Board are aware that in many cases it may be difficult 
 or even impossible to give the particulars of expenditure in such 
 detail as the form of return suggests. In such cases the Board 
 will be satisfied with a statement of such figures as are available. 
 
 It is very desirable that before Form E.A. 8 (i) is returned to 
 this office, duplicate copies should be filled up and retained by 
 the local education authority and the trustees respectively for 
 purposes of reference. 
 
 (l) Copies of the form may be obtained free of charge on application to the 
 Board of Education, Whitehall, S.W.
 
 ( 688 ) 
 
 ASSOCIATIONS OF VOLUNTARY SCHOOLS. 
 LETTER OF BOARD OF EDUCATION. 
 
 Board of Education, Whitehall, London, S.W., 
 February, 1903. 
 
 SIR, It has been intimated to the Board of Education that in 
 view of the provisions of the Education Act, 1902, it may be 
 thought desirable in the case of some associations, that there 
 should be an alteration either in the existing areas, or in the 
 powers and functions of the governing body. Any proposals to 
 that effect will be carefully considered by the Board of Education, 
 but it is necessary to point out that any such reconstruction 
 would require the assent of the managers of the schools com- 
 posing the association. 
 
 The majority of the present governing bodies retire from office 
 on 3ist March next, and the constitution of the association in 
 such cases generally provides for the election of a new governing 
 body before that date. It is suggested that the governing bodies 
 should in these cases take the opportunity of placing any views 
 they may entertain on the subject of reconstruction before the 
 managers when assembled for the purpose of such election, and 
 obtaining from them authority to deal with the matter. 
 
 Where this is not practicable, special arrangements should be 
 made for ascertaining the views of the managers, either through 
 sub-associations where such exist, or by summoning a special 
 meeting of representative managers. 
 
 It must be pointed out that the special functions of associa- 
 tions under the Voluntary Schools Act will not cease until the 
 appointed day, and that where this day is later than ist April 
 next the governing body may be called upon to advise as to the 
 distribution of some aid grant under the Voluntary Schools 
 Act for the ensuing financial year. 
 
 As an alternative the Board of Education may, if they think fit, 
 pay such grant direct to the governing body, if satisfied that 
 proper arrangements have been made for its application. If the 
 governing body desire to receive such grant direct, they should 
 prepare to submit a statement as to the proposed arrangements, 
 which should include provision for the vesting of the money in 
 some responsible body of trustees, and for its suitable application 
 as a fund for the benefit of the associated schools. 
 
 It is well to point out that the aid grant payable will be the 
 proportionate amount due for the period intervening between the 
 beginning of the new financial year and the appointed day.
 
 LETTER OF BOARD OF EDUCATION. 689 
 
 This day may be any day not more than eighteen months later 
 than the 2 6th March next, as the Board of Education may 
 appoint, and may differ in different areas. The later it is fixed, 
 the larger will be the amount of aid grant payable under the 
 Voluntary Schools Act. In the case of the other grants the 
 amount payable will be the full amount earned by the school 
 between the end of the last school year and the appointed day. 
 
 Any further balances which the old managers may have in 
 hand on the appointed day are held by them in a fiduciary 
 capacity for the purposes of the school as a public elementary 
 school, and should therefore be handed over to their successors 
 to be used at their discretion for those purposes connected with 
 the school for which provision has to be made by them under 
 the Act. 
 
 No other application of the money would be permissible with- 
 out a scheme under the provisions of the Charitable Trusts Acts, 
 which could only be made if the original purposes were no longer 
 available, if, for instance, the school was closed or transferred 
 to the local authority. 
 
 Even when the special functions of the governing body under 
 the Voluntary Schools Act will have lapsed, there will still 
 remain much valuable work that may be done by these bodies 
 with regard to the responsibilities placed upon the managers of 
 voluntary schools under the Act. These responsibilities are of a 
 twofold nature. 
 
 Firstly, the managers must provide the school-house (other 
 than any residence for the teacher) free of any charge to the 
 local authority. How they do so, is a matter that concerns the 
 managers only, and will of course depend upon the nature of 
 their tenure of the buildings provided. 
 
 Secondly, having provided a school-house free of charge the 
 managers must, out of funds provided by them, keep it in good 
 repair, and make such alterations and improvements as may 
 reasonably be required by the local authority. It is with regard 
 to these duties that governing bodies can best render assistance 
 to school managers by undertaking the administration of a 
 common fund, of which the aid grant above referred to will form 
 the nucleus, and in which managers can invest or deposit any 
 further sums which may from time to time come into their 
 possession. There will thus be created a mutual insurance fund, 
 upon which the managers of individual schools can depend for 
 assistance towards the expense of such repairs and alterations 
 as they may be called upon from time to time to carry out. 
 
 The formation of such fund is expressly contemplated by 
 Clause 12 of Schedule II. of the Act. It is there provided that 
 the balance of any grant paid to the original managers, which 
 may remain afier the discharge of all liabilities of whatever nature 
 that have been incurred by them on account of the school, shall 
 be paid to the new managers, to be applied to those purposes
 
 690 ASSOCIATIONS OF VOLUNTARY SCHOOLS. 
 
 for which they are responsible under the Act, or for the benefit 
 of any general fund applicable for those purposes. In the 
 governing body of the association to which the school belongs 
 there exists an organization which is well adapted for the adminis- 
 tration of such common fund, and which is expressly recognized 
 in the clause as a body to whom any aid grant that may be due 
 can be entrusted. It is clear, however, that the " fund " could 
 not be applied to the provision of new schools by building or 
 hiring, or to such enlargements of existing ones as would come 
 under the provisions of sec. 8 (2) of the Act. On the other 
 hand, the expense of keeping the school in good repair, and 
 making necessary alterations and improvements, is one which 
 may be properly assisted out of such common fund. 
 
 Such contributions may be made not only from any grants 
 which may come into the hands of the new managers under the 
 circumstances above referred to, but also from such voluntary 
 subscriptions as they may from time to time obtain, and from 
 any endowment, whether by way of rent or otherwise, to which 
 they may be entitled. It must, however, be borne in mind that 
 any contribution from endowment is in the nature of a deposit 
 or an investment of a trust fund, and could only legally be made, 
 on the express understanding that the managers would be entitled 
 to claim an amount from the common fund at least equivalent 
 to the amount so contributed, when they may require it for the 
 purposes of their trust. 
 
 The points, therefore, to which the Board of Education desire 
 to invite the early attention of governing bodies are as follows : 
 
 1. The submission of proposals for any alteration in the present 
 area of the association, or in the constitution and functions of 
 the governing body, after having consulted and obtained the 
 consent of the managers of the associated schools. 
 
 2. Application for the direct payment of any further aid grant 
 that may be allotted under the Voluntary Schools Act, directly 
 to the governing body such application should contain a clear 
 statement of the arrangements which it is proposed to make for 
 its proper application. 
 
 3. The proposals, if any, of the governing body as to the 
 creation and management of a common fund for repairs and 
 alterations, for the benefit of all such schools belonging to the 
 association as may desire to contribute to it. 
 
 I am to suggest that each governing body of an association 
 should take steps to make the contents of this circular known 
 to the managers of the constituent schools. 
 
 I have the honour to be, Sir, 
 
 Your obedient servant, 
 
 ROBERT L. MORANT. 
 
 To the Secretary of the 
 
 Governing Body of the 
 
 Association.
 
 691 
 
 FORM OF INTERIM ORDER OF THE BOARD 
 OF EDUCATION 
 
 UNDER 
 
 SEC. ii OF THE EDUCATION ACT, 1902. 
 
 WHEREAS application has been made to the Board of Education 
 by the owners, trustees, or managers of the schools specified in 
 the Second Schedule hereto for an order appointing foundation 
 managers of the said schools 
 
 Now the Board of Education do hereby order as follows : 
 
 1. The appointment of foundation managers of each of 
 the schools specified in the Second Schedule hereto shall be 
 made in accordance with the provisions specified in the 
 First Schedule hereto. 
 
 2. This order shall take effect as an interim order for the 
 purpose of sec. n of the Education Act, 1902, from the 
 appointed day on which Part III. of the said Act comes into 
 operation in the area in which the said schools are situated, 
 and shall continue in force until a further or final order is 
 made under that section. 
 
 3. If in the case of any of the said schools it is hereafter 
 shown to the satisfaction of the Board of Education that, 
 after the date of the application and before the appointed 
 day, the owner of that school has executed a trust deed 
 within the meaning of the said Act, giving sufficient directions 
 for the appointment of foundation managers, or that the 
 circumstances have otherwise so changed as to render an 
 order on the application unnecessary, this order shall not 
 apply, and shall be deemed not to have applied, to that 
 school. 
 
 Given under the seal of office of the Board 
 
 (L.S.) of Education this 
 
 day of 190 
 
 THE FIRST SCHEDULE. 
 
 i. The first foundation managers shall consist of four persons 
 appointed by the persons who at the date of this order are de 
 facto rranagers of the school, that is to say, managers as defined
 
 692 
 
 DRAFT INTERIM ORDER. 
 
 by sec. 3 of the Elementary Education Act, 1870, (i) provided 
 that if the principal officiating minister of the ecclesiastical parish 
 or district in which the school is situated is a manager of the 
 school ex officio, he shall be one of the said four persons. Any 
 vacancy occurring among the first foundation managers, appointed 
 as aforesaid, shall be filled by the appointment of some person by 
 the remaining foundation managers. 
 
 2. Any disputes as to the right of any person to appoint the 
 first foundation managers under the terms of this order, or to act 
 as one of the first foundation managers ex officio, shall be referred 
 to and determined by the Eoard of Education. 
 
 (i) NOTE. This definition is as follows : "The term ' managers ' includes 
 all persons who have the management of any elementary school, whether the 
 legal interest in the school house is or is not vested in them." 
 
 THE SECOND SCHEDULE 
 
 School number. 
 
 Name of school.
 
 693 
 
 APPOINTED DAY UNDER EDUCATION 
 ACT, 1902. 
 
 LETTER OF THE BOARD OF EDUCATION TO LOCAL 
 EDUCATION AUTHORITIES. 
 
 Board of Education, Whitehall, London, S.W., 
 4th March, 1903. 
 
 SIR, The Board of Education desire to call the attention of 
 your council to the fact that the Education Act will come into 
 operation on the 26th of March next in any area for which some 
 later day has not previously been appointed by the Board under 
 sec. 27 (2) of the Act. 
 
 The Board consider that it will be convenient for administra- 
 tive purposes that the appointed day for the purposes of the Act 
 should be the first day of a calendar month in all cases except 
 those in which it is desired to bring the Act into operation in an 
 existing school board district about the commencement of 
 October, when it will be more convenient that the 3oth of Sep- 
 tember should be chosen. They understand that many councils 
 are finding it possible to make all the necessary arrangements for 
 beginning their educational administration for all purposes under 
 the Act on ist April next, and it is hoped that this date, or one 
 as soon after as is consistent with the formalities in connection 
 with the approval of schemes for the constitution of education 
 committees, will be widely adopted. 
 
 It is desired that every local education authority will, as soon 
 as possible, but in no case later than i2th March, intimate to the 
 Board of Education the day which they wish to have appointed 
 for their area; and, if this is later than ist May, 1903, will furnish 
 a statement showing fully the reasons which, in their opinion, 
 render the postponement desirable. 
 
 Where a local education authority is not in a position at present 
 to intimate the precise day which is desired, the Board of Educa- 
 tion can/n? forma appoint a day subject to a subsequent order, 
 and by such subsequent order fix the precise day which may 
 ultimately be decided upon. The essential point is that the 
 Board should know, at once, if any local education authority does 
 not desire the ist April. This day will in every case, so far as 
 the substantial provisions of the Act are concerned, be substi- 
 tuted for the 26th March, if no further postponement is necessary.
 
 694 APPOINTED DAY UNDER EDUCATION ACT, IQD2. 
 
 The Board of Education will be prepared so to use their powers 
 of making interim orders under sec. n (5) of the Act as to 
 obviate any necessity for delay owing to the permanent arrange- 
 ments for the appointment of foundation managers of voluntary 
 schools not being complete. 
 
 The Board would urge that so far as possible the same day 
 should, in the interests of simplicity, be suggested for all purposes 
 of the Act, but in cases where the council show to the satisfaction 
 of the Board that their duties in regard to elementary education 
 cannot advantageously be assumed for some weeks or months to 
 come, the Board of Education will be prepared to name the ist 
 of April, or as early a date as may be practicable, for the purposes 
 of Part II. of the Act, and a later day for the purposes of 
 Part III. 
 
 I am to add that an education committee under the Act can be 
 set up as soon as the scheme establishing it is approved, and in 
 advance of the appointed day for the general purposes of the Act. 
 I have the honour to be, Sir, 
 
 Your obedient servant, 
 
 ROBERT L. MORANT.
 
 INDEX. 
 
 ABOLITION 
 
 of office of transferred officers, 181 ; compensation on, 185-90 
 school attendance committees, 91 
 school boards, 91 
 Welsh Intermediate Schools, governing body of, 126-7 
 
 ACCOUNTS. See also AUDIT. 
 
 of authorities abolished: for period before appointed day, 177 
 blind and deaf, schools for, 391-2 
 
 borough council under Education Act, 1902.. 140, 143-9 
 defective and epileptic children, schools for, 440, 576 
 deferred annuity fund, return to Parliament of accounts of, 418 
 education committee, 140, 149 
 joint industrial school, managers for, 460-1 
 managers of public elementary schools, 140, 149 
 public elementary schools, provisions of Code as to : audit, 641 ; 
 
 publication of, 645 
 
 school fees of non-pauper children, 587-90 ; audit, 588-90 
 teachers' registration council, 658 
 
 ACTS 
 
 confirming Provisional Orders of Board of Education for 
 compulsory purchase of land, 231, 235-6, 301 
 schemes for appointment of education committees, 159 
 
 ADJUSTMENT 
 
 of property, &c., under Education Act, 168, 191 
 provisions applicable, 191-2 
 
 ADMISSION TO SCHOOL 
 
 condition of annual parliamentary grant, 636 
 
 refusal of, reasonable grounds for, 636-7 ; insubordination, 638 ; 
 
 irregularity of attendance, 637 ; non-payment of fee, 279 ; 
 
 non-residence in district, 637 
 in case of free schools, 378 ; workhouse, children sent from, 
 
 35, 459 
 registers of, in day industrial school, 600 
 
 in public elementary schools, provisions of Code as to, 641 
 
 ADVERTISEMENT. See also NOTICES. 
 of audit by district auditor, 144 
 
 blind and deaf children, accounts of schools for, 392 
 bye-laws, deposit of, 271, 279, 303
 
 696 INDEX. 
 
 ADVERTISEMENT-*?;*//;^/. 
 
 defective and epileptic children, accounts of schools for, 440, 391 
 
 employment of children, exemptions from prohibition of, 315 
 
 notice of intention to provide new school, 107 
 
 notices under Education Acts, 302 
 
 provisional order : for compulsory purchase of land, application 
 
 for, 229, 233 
 
 for schemes for education committee inquiry, 159; purport 
 of order, 159 
 
 AGE OF CHILD 
 
 for attendance at school under bye-laws, 270, 461 
 blind or deaf child, in case of, 386, 395 
 defective or epileptic child, in case of, 439, 443 
 partial exemption from, 270, 400, 430 ; in case of child 
 
 employed in agriculture, 430 
 summary of law as to, 463 
 elementary instruction, 160 
 employment, 311, 364-5, 461 
 in agriculture, 430 
 
 factory or workshop, 500, 503 
 mines, 509 
 evidence of certificate by education authority, 341, 549 ; returns 
 
 to, by registrars, 341 
 certificate by registrar, 506, 340 ; regulations of Local 
 
 Government Board as to, 581 
 certificate of registry of birth, 341-2 
 statutory declaration of parent, 548 ; form of, 553 
 under Factory Act, 500 
 fee grant, age for purpose of, 374 
 proof of, by defendant in proceedings, 305 
 
 AGENT OF EMPLOYER 
 
 liability of, for illegal employment of child, 345-6 
 
 AGRICULTURAL RATES ACT 
 
 assessable value under : calculation on, of amount produced by 
 rate, in, 163 
 
 payments under, not a parliamentary grant for purpose of calcu- 
 lating aid grant, 112 
 
 AGRICULTURE. See also BOARD OF AGRICULTURE. 
 
 exemption from prohibition of employment for operations of 
 
 husbandry, &c., 315 
 
 school attendance of children employed in, bye-laws for, 
 430-2 ; model form of, 535 
 
 AID GRANT 
 
 amount and conditions of, uo-i 
 
 calculation and payment of, for period before appointed day, 179 
 payment to associations of voluntary schools, 179 ; circular 
 of Board of Education as to, 688 
 
 grant under Education Act in substitution for, 109 ; basis of 
 calculation of, 109, 111-2; date for commencement of 
 payment of, 170 ; estimated amount of, ill 
 
 ALLOWANCE 
 
 by auditor in accounts, appeal against, 145-7
 
 INDEX. 697 
 
 ANNUAL GRANT 
 
 conditions of, 207, 294-5, 338 ; in case of non-provided school, 99 
 provisions of Code as to, 636-646 
 
 See also PARLIAMENTARY GRANT ; PUBLIC ELEMENTARY 
 SCHOOL. 
 
 ANNUITIES TO TEACHERS 
 
 conditions of, 407-429 
 
 tables of: for men, 529 ; for women, 531 
 
 See also SUPERANNUATION OF TEACHERS. 
 
 APPEAL 
 
 compensation to officers, appeals to Treasury as to, 189 
 disallowances, &c., by auditor : to High Court, 145-7 ; to Local 
 
 Government Board, 145-7 ; cost of, 147 
 public elementary schools, provision, enlargement, &c., of, 107-8 
 
 APPEARANCE IN LEGAL PROCEEDINGS 
 
 of education authority, 291 
 
 person proceeded against, 305, 344 
 
 APPLICATION 
 
 for age certificate by education authority, 549 
 
 aid grant, payment of, to associations of voluntary schools, 690 
 annuity to teacher, 425-6 
 birth certificate by registrar, 506, 581 
 day industrial school, certificate of, 598 
 disablement allowance to teacher, 414 
 efficient schools, certificate of, 545 
 
 examination of child for certificate of proficiency, 549, 636 
 foundation managers, order for appointment of, 680 
 .labour certificate, 551 
 
 loans, sanction of Local Government Board to, 151 
 pensions to teachers under Code, 646-7 
 provisional order for compulsory purchase of land, 230, 234 
 recognition of school for purpose of register of teachers, 666-7 
 school attendance certificate, 550 
 school fees, payment of by guardians, 585-6 
 transfer of school to education authority, consent of Board of 
 
 Education to, 243-4 
 trust deed of elementary school : order for alteration, c., of, 113, 
 
 117, 680 
 
 APPOINTED DAY 
 
 audit of accounts for period before, 177 
 
 circular of Board of Education as to, 693 
 
 definition of, 168 ; fixing of, by Board of Education, 168, 170 
 
 in case of relinquishment of powers, 177 
 duty of authorities to liquidate current debts, &c., before, 178 
 
 to furnish information to education authority, 181 
 legal proceedings commenced before, continuance of, 177 
 parliamentary grant, payment of, for period before, 179-180, 690 
 proceedings which may be taken before, as to orders, rules, 
 
 notices, &c., 170 
 school boards, continuance in office of members of until, 179 ; 
 
 casual vacancies in, filling of, 179 
 
 power to carry on schools and classes not elementary until, 
 169 
 
 2 Z
 
 698 INDEX. 
 
 APPOINTMENT 
 
 of education committee, 125-7 ; memoranda of Board of Education 
 
 as to, 668, 673. See EDUCATION COMMITTEE. 
 managers of grouped schools, 119 
 of non-provided schools, 95 ; foundation managers, 112 
 of provided schools, 95 ; joint appointment by authorities in 
 
 combination, 265 
 
 officers, by education authority, 258, 342 ; by education authori- 
 ties in combination, 259 
 inquiry officers, by guardians, 584 
 for public inquiry by Board of Education, 230, 268 
 
 returns, 268, 302 
 
 stamp duty on appointments, 259 
 travelling expenses of candidates for, 263 
 teachers in non-provided schools, 98-100 ; assistant and pupil 
 
 teachers, 99-100 
 in provided schools, 258 
 teachers' registration council, 657 
 
 APPORTIONMENT 
 
 of county rate basis for purpose of aid grant, 109 
 
 income of endowment of public elementary school, 120 
 school fees in non-provided schools, 121-2 
 
 ARBITRATION ACT 
 
 application of, for purpose of adjustments under Education Act, 
 191 
 
 ARMY SCHOOL 
 
 definition of, 285 
 
 when to be deemed public elementary school, 285 
 
 ASSESSMENT 
 
 to income-tax : school board offices, 227 
 local rates : industrial schools. 228 
 
 public elementary schools : non-provided schools, 227. 403 ; 
 
 provided schools, 225-8 
 ragged schools, 228 
 reformatory schools, 228 
 Sunday schools, 228 
 
 ASSISTANT OVERSEERS 
 
 duty of, as to publishing notices, 302 
 
 ASSISTANT TEACHERS 
 
 appointment of, in non-provided schools, 99-100 
 
 ASSOCIATIONS OF VOLUNTARY SCHOOLS 
 
 aid grant, payment of, to, for period before appointed day, 179 ; 
 
 applications for, 690 
 
 applications for alteration of trust deeds, 117, 680 
 appointment by, of members of education committee, 125-6 
 constitution, &c., of governing body of: circular of Board of 
 
 Education as to, 688 
 formation of fund for repair of schools, 689-90
 
 INDEX. 699 
 
 ATTENDANCE ORDER 
 
 blind or deaf child, in case of, 395-6 
 
 conditions of making : 319-20 ; in case of offence under bye-laws, 
 
 304- 
 day industrial school, sending child to, under, 324, 608-9 
 defective or epileptic child, in case of, 443 
 definition of, 320 
 
 disobedience to, proceedings on, 323 
 epileptic child, for sending to certified school, 439 
 excuse, reasonable, against, 320; in case of blind or deaf child, 
 
 386 ; defective or epileptic child, 439 
 industrial school, sending child to, under, 324 
 parent, liability of, under, 323-4 
 penalty for breach of, 323, 461. See also PENALTY. 
 proceedings for, duty of education authority to take, 329 
 
 ATTENDANCE (SCHOOL) 
 
 age of child for compulsory, 270, 461 ; for partial exemption from, 
 270, 400, 430 ; summary of law as to, 463. See also BYE- 
 LAWS. 
 
 average attendance, mode of calculating, 458, 635 
 blind or deaf child, provisions as to, 386, 395-6 
 bye-laws as to, 270. See also BYE-LAWS. 
 canal boat, child on, 512 
 
 cards (attendance), in case of pauper children, 348-9 
 certificate of : by teacher, in proceedings under bye-laws, 305 ; 
 employment, for purpose of, 311, 339, 355 ; in factory or 
 
 workshop, 502 
 forgery of, 306, 344 
 regulations of Board of Education as to, 550 ; form of, 555-6; 
 
 559 
 
 certified efficient school, attendance in, 352, 545 
 committee for school attendance purposes, 193 
 day industrial school, attendance at, 357, 601 
 defective or epileptic child, provisions as to, 439, 443 
 definition of "attendance," 357; under Code, 634; in certified 
 efficient school, 545 ; day industrial school, 60 1 ; under 
 Factory and Workshop Act, 501-2 ; in workhouse school, 
 
 593 
 
 employment, attendances qualifying for, 311, 355, 462 
 under Factory and Workshop Act, 503 
 
 enforcement of, duty of education authority as to, 339, 342 
 
 excuse, reasonable, for non-, 270-1, 276-9 
 
 provisions of model bye-laws as to, 533-4 
 
 exemption from, conditions of : 
 
 agriculture, employment in, 430 
 attendances at school, prescribed number of, 431 
 education, reaching prescribed standard of, 270, 400 
 provisions of model bye-laws as to, 534-5 
 
 factory or workshop, child employed in, 500-3 
 
 irregularity of, not ground for refusing admission to school, 637 
 
 laundry, child employed in, 504-5 
 
 officers for enforcement of, appointment of, by education authority, 
 264 ; directions to, 342 
 
 order for, 304, 319. See also ATTENDANCE ORDER. 
 
 poor relief to parent or child, a condition of, 347, 365 
 
 prizes for, 220
 
 700 INDEX. 
 
 ATTENDANCE (SCHOOL) continued. 
 
 registers of, in certified efficient schools, 352, 545 
 
 day industrial schools, 600, 615 
 
 public elementary schools, provisions of Code, 641 
 
 workhouse schools, 594-7 
 
 returns to education authority by managers as to, 303 
 school attendance committee, abolition of, 91. See SCHOOI- 
 
 ATTENDANCE COMMITTEE. 
 summary of law as to, 463 
 workhouse school, attendance at, 357, 592-7 
 
 AUDIT 
 
 of accounts of 
 
 authorities abolished, for period before appointed day, 177 
 
 blind and deaf, certified schools for, 391-2 
 
 borough council, under Education Acts, 140 
 provisions applicable, 144-7 
 stamp duty on, 149 
 
 county council, 143 ; provisions applicable, 144-9 
 
 defective and epileptic, certified schools for, 440, 576-7 
 
 education committee, 140 
 
 joint industrial schools, managers for, 460-1 
 
 managers of public elementary schools, 140 
 
 non-provided schools, provisions of Code as to, 641 
 
 officers or assistants of local authority, 146 ; for period before 
 appointed day, 177 
 
 school boards, for period before appointed day, 177 
 
 school fees of non-pauper children, 588, 590 
 
 teachers registration council, 658 
 
 urban district council, 144 ; provisions applicable, 144-9 
 appeal against decision of district auditor : to High Court, 145-7 ; 
 
 to Local Government Board, 145-7 
 deposit of books for inspection before audit, 144-5 
 disallowances, surcharges, etc., by district auditor, 145-7 
 notice of audit, advertisement of, 144 
 
 ratepayer, right to attend audit and object to accounts, 145 
 recovery of sums certified by auditor, 146 
 report by auditor on audit, 146 
 
 statutory declaration as to correctness of accounts, 145 
 summons by auditor for production of books, &c., 145 
 
 AUTHENTICATION OF DOCUMENTS 
 
 of Board of Education, 455-6, 289-290, 351 
 education authority, 288 
 
 AVERAGE ATTENDANCE 
 
 definition of, for purpose of aid grant, 109, 1 1 1 ; annual grant, 635 ; 
 
 fee grant, 458 
 mode of calculating, 635 
 necessity of school, average attendance a factor in determining as 
 
 to, 1 08 
 
 BANKRUPTCY 
 
 of member of teachers registration council, effect of, 658 
 
 teacher, effect of as regards annuities and superannuation, &c., 
 allowances, 425
 
 INDEX. 701 
 
 BIRTHS 
 
 certificate of, 506, 340 
 
 Factory Act, for purpose of, 500 
 
 form of requisition for, order of Local Government Board, 
 
 581-2 
 
 regulations of Board of Education as to, 548-9 
 education authority, certificate by, 500, 549 ; returns to by regis- 
 trars, 341 
 statutory declaration of parent as to, 548 ; form of, 553 
 
 BISHOP 
 
 reference to, of questions as to religious instruction in non-provided 
 school, 100, 106-7 
 
 BLIND AND DEAF CHILDREN 
 
 accounts of schools for audit and publication of, 391-2 
 
 age of, for school attendance, 386-7, 395-6 
 
 attendance at school of, 386, 395-6 ; bye-laws as to, application 
 
 of 387, 396 ; enforcement of, 395-6 
 boarding-out of, by education authority, 388, 393 ; rules of Board 
 
 of Education as to, 562 
 
 Board of Education : approval of terms of contribution by educa- 
 tion authority, 388-9 
 certification of schools, 388, 391 
 regulations of, as to boarding-out, 562 ; as to building, &c., 
 
 of schools, 560 ; as to parliamentary grants, 396 
 report to Parliament of proceedings as to, 398 
 conveyances for, provision of, by education authority, 439 
 definitions of, 398 
 
 elementary instruction of, definition, 386, 398 
 guardians, powers of, as to, 397-8 
 guides for, provision of, by education authority, 439 
 inspection of certified schools for, 391 
 local education authority, school authority for, 91-2, 390 
 
 borrowing powers as to schools for, 194, 390. See also 
 
 BORROWING. 
 
 duty with respect to education of, 387-8 ; children to whom 
 duty does not extend, 388 ; enforcement of contributions 
 by parents, 395 
 
 expenses of, 390 ; raising of, by county council as education 
 authority, 176 ; application of contributions by parents, 
 
 395 
 
 powers of, with respect to boarding out, 388 ; certified 
 
 schools borrowing for, 194, 390 ; contribution to, 388 ; 
 
 provision, etc., of, 388, 390 ; representation on governing 
 
 body of, 389 
 
 parent of, contribution by, to expense incurred by education 
 
 authority, 394-5 
 duty as to education, 386 
 effect on, as regards franchise, &c., 395 
 selection of school by, 395 
 parliamentary grant to schools for, 396 
 religious instruction in schools for, 392-3 
 school authority for, 91-2, 390 
 
 officers of, transfer to education authority, 181. See 
 OFFICERS.
 
 7O2 INDEX. 
 
 BLIND AND DEAF CHILDREN continued. 
 
 school (certified) for : conditions and effect of certificate, 391 ; 
 definition of, 398 ; industrial training, &c., in, 397 ; 
 parliamentary grant to, 396 ; provision, maintenance, 
 &c., of, 387-8, 390 ; rules of Board of Education as to 
 building, &c., 560 ; teacher in, " recorded service " of, 
 412 
 
 See also CERTIFIED SCHOOL FOR BLIND AND DEAF 
 CHILDREN. 
 
 BOARDING-OUT 
 
 blind and deaf children, 388 ; regulations of Board of Education 
 
 as to, 562 
 defective children, 436 ; regulations of Board of Education as to, 
 
 579 
 
 BOARD OF AGRICULTURE 
 
 powers of, as to education, transfer to Board of Education, 446, 
 
 451 
 
 BOARD OF EDUCATION. See also INSPECTORS ; REGULATIONS. 
 
 "appointed day "under Education, 1902, fixing of, 168 ; circular 
 as to, 693 
 
 constitution of, 445 ; power for president and secretary to sit in 
 Parliament, 456 ; staff of, 455 ; takes place of Education 
 Department and Science and Art Department, 446 
 
 consultative committee, constitution of, 453 ; powers, &c., of, 
 
 4SI-5 
 determination of questions as to, 
 
 new school, necessity of, 108, 218 
 
 non-provided schools, questions between education authority 
 and managers as to endowments, 120; grouping of 
 schools, 119; management of schools, appointment of 
 teachers, &c., 99, 105 ; school fees, apportionment of, 
 
 I2I-2 
 
 superannuation, &c., of teachers, 424-5 
 Documentary Evidence Act applied to, 289 
 enforcement by mandamus of duties of education authority, 123, 
 
 194, 363 
 
 evidence of orders, &c., of, 455-6, 289, 351 
 
 inquiries by, as to endowments of public elementary schools, 120 
 enforcement of duties of education authority, 123 
 powers and duties under Education Act, 162 
 for provisional order as to acquisition of land, 230 ; as to 
 
 scheme for education committee, 159 
 regulations as to, 159, 162, 268-9 
 minutes of, as to parliamentary grant, 294-5 
 parliamentary grant, payment of, for period before appointed 
 
 day, 179, 688 
 payment of, to education authorities after appointed day : 
 
 time of payment, &c., 140-1 
 powers and duties of, as to 
 aid grant, 109, 179 
 
 blind and deaf children, boarding out of, regulations for, 388, 
 562 ; schools for : approval of contributions to, 388-9 ; 
 certification of, 391 ; parliamentary grant to, 396 ; 
 religious instruction in, 392 ; report to Parliament, 398
 
 INDEX. 703 
 
 BOARD OF EDUCATION continued. 
 powers and duties of, as to 
 
 bye-laws, confirmation of, 461 ; making of, on failure of 
 education authority, 363-4 
 
 certificates of age, proficiency and school attendance, regula- 
 tions as to, 339, 548 
 
 charters for municipal boroughs, 368 
 
 combination of education authorities, 265 
 
 conferences of education authorities, 405-6 
 
 defective and epileptic children : arrangements for examina- 
 tion of, 433 ; certification of schools and classes for, 436 ; 
 parliamentary grants to, 441 ; regulations for boarding- 
 out of, 436-7, 579 ; religious instruction in schools for, 
 444 ; terms of contributions to schools for, 436 
 
 duties of education authority, enforcement of, 122, 123 
 
 education committees, schemes for, approval of, 125 ; making 
 of, 126 
 memoranda as to, 127, 668, 673 
 
 efficient schools, certification of, 352 ; rules as to, 545 
 
 elementary instruction ; extension of limit of age for, 160 
 
 endowments, decision of questions as to, 120 ; powers under 
 Charitable Trusts Acts, 288, 446 ; schemes for, 284 ; for 
 transfer to education authority, 241-3 
 
 fee grant, 374 
 
 fees (school), approval of, in endowed schools, 285 ; provided 
 schools, 216 ; schools receiving fee grant, 381 ; decision 
 of questions as to, in non-provided schools, 121-2 
 
 foundation managers, order for alteration, &c., of trust deeds, 
 112-4 ; circular as to, 678 ; form of interim order, 691 
 
 guardians, contributions by, to public elementary schools, 459 
 
 higher education, 84 
 
 land, compulsory acquisition of, provisional order for, 231 ; 
 sale, leasing, &c., of, by education authority, 240-1 
 
 notices, mode of publishing, 302 
 
 parliamentary grant, minutes as to, 294-5 ; refusal of, 296 
 
 proficiency of children, certificates as to, regulations for, 339, 
 548 ; payments for, 356 
 
 provisional order, for compulsory acquisition of land, 230 ; 
 scheme for education committee, 126 
 
 public school accommodation, provision of by education 
 authority, 193, 218 
 
 register of teachers, 453, 657 ; recognition of schools for, 666 
 
 relinquishment of powers by councils, 157 
 
 school-houses, use of rooms in, under Local Government 
 Act, 223-5 
 
 schools, discontinuance of by education authority, 218-9 ; by 
 managers, 117 ; provision of new, 107-8 ; transfer of to 
 education authority, 241 ; re-transfer of, 251 
 
 secondary schools, inspection of, 452 
 
 teachers, certification, &c., of, 407 ; recorded service of, 
 408-9, 412-3 ; superannuation, &c., of, 424-5 
 
 time-table in public elementary schools, 207 
 
 trust deeds, order for making, alteration, &c., of, 112-4 
 publication by, of notice of deposit of report on local inquiry, 269 ; 
 notice of recognized efficient schools under Factory Act, 
 501 ; register of teachers, 662
 
 7O4 INDEX. 
 
 BOARD OF EDUCATION continued. 
 report of, to Parliament : 
 annual report, 297 
 
 Blind and Deaf Children Act : proceedings under, 398 
 bye-laws sanctioned, 271 
 canal-boats, children in, 514 
 
 Defective and Epileptic Children Act, proceedings under, 444 
 deferred annuity fund, 418 
 fees (school) sanctioned and refused, 381 
 
 report to, of infractions of law as to religious instruction in 
 schools, 313-4 ; of notice of exemption from prohibition 
 of employment of children, 315 
 returns to, by education authority, 266-7 j appointment of officers 
 
 for, on failure of education authority, 268, 302 
 as to defective and epileptic children, 444 
 seal of, 455 
 
 secondary schools, inspection of, 451 
 staff, appointment, &c., of, 455 
 
 transfer to, of certain powers of Board of Agriculture and Charity 
 Commissioners, 446-451 
 
 BOARD OF EDUCATION ACT, 1899.. 445 
 
 BOOKS 
 
 charges for in public elementary schools, 378-9, 380 
 directions as to, in non-provided schools, 101 
 
 BOROUGH, MUNICIPAL 
 
 charter for, provisions as to education areas in schemes for, 
 
 368-370 
 council of county borough. See COUNTY BOROUGH COUNCIL. 
 
 non-county borough. See NON-COUNTY BOROUGH COUNCIL, 
 use of public elementary schools in municipal elections, 221 
 Wenlock, borough of : Wenlock Elementary Education Act, 308 
 
 BORROWING. See also LOANS. 
 
 by borough council, 149-50 ; provisions applicable, 494-9 : loans 
 transferred, effect on borrowing powers, 175, 495 ; periods 
 for loans, 152, 495 
 
 county council, 149-50 ; provisions applicable to, 491-3 
 loans transferred, effect on borrowing powers, 175, 491 
 periods for loans, 152, 492 
 district council, 149-50 ; provisions applicable, 494-9 
 
 loans transferred, effect on borrowing powers, 175, 495 
 periods for loans, 152, 495 
 
 form of mortgage, 496, 498 ; of transfer of mortgage, 496, 498 
 Public Works Loan Commissioners, advances by, 152-6. See 
 
 also PUBLIC WORKS LOAN COMMISSIONERS. 
 purposes of : adjustments, 191 
 
 blind and deaf children, schools for, 390 
 compensation to officers, 186 
 defective and epileptic children, schools for, 441 
 Education Acts, 149-151 
 
 industrial schools, 194 ; building, &c., certified industrial 
 schools, 257-8, 332 ; certified day industrial school, 332 
 contributions to, and enlargement, &c., of, 361 ; furnish- 
 ing, 258, 361
 
 INDEX. 705 
 
 BORROWING continued. 
 
 purposes of: provisional order for scheme as to education com- 
 mittee, costs of, 159 
 
 schools transferred to education authority by managers, 250 
 re-borrowing, 492, 494 
 sanction of Local Government Board to borrowing, 151, 491, 494 
 
 to periods for loans, 152, 191, 492, 495 
 
 of Secretary of State to loans for industrial schools, 194, 332, 
 361 
 
 BUILDING GRANTS 
 
 cessation of, 294 
 
 conditions on which granted, as to inspection of school, &c., 482 
 
 BYE-LAWS. See also EMPLOYMENT OF CHILDREN. 
 
 agriculture, employment of children in, bye-law as to, 430 ; model 
 
 form of, 535 
 alteration of, 270, 178 
 
 appointed day, continuance of bye-laws in force at, 178 
 approval and confirmation of by Board of Education, 271, 461 
 attendance at school, bye-laws as to, 270, 461 
 
 blind and deaf children, application to, 386, 396 
 canal boats, children in, application to, 512 
 defective and epileptic children, application to, 443 
 duty of education authority as to making of, 363 ; as to 
 enforcement of, 339 ; giving directions to officers for 
 execution of, 342 
 employment of children so as to prevent compliance with, 
 
 illegal, 311,364,401 
 
 exemption from bye-laws age of child for, 270, 400, 430 ; 
 
 agriculture, children employed in, age for exemption, 
 
 430 ; standard of education for, 270, 275-6 ; number of 
 
 school attendances for, 431-2 ; summary of law as to, 463 
 
 failure of education authority to make, proceedings by Board 
 
 of Education, 363-4, 194 
 making of, by Board of Education, 363 
 continuance of bye-laws in force at appointed day, 178 
 county council as education authority, making of different bye- 
 laws for different parts of area, 193 
 deposit of, before submission for approval, 271 ; notice of deposit, 
 
 271, 303 
 employment of children, bye-laws not to be contrary to law 
 
 relating to, 270, 274 ; conflict between bye-laws and 
 
 Factory Act, 275 
 
 fees remission of, as to, 270, 275 
 hours during which child may be allowed to trade in streets, &c., 
 
 516 
 legal proceedings for enforcement of, 304 ; directions for, by 
 
 members of education committee, 193, 345 ; when 
 
 offence also against statute, 353. See also LEGAL 
 
 PROCEEDINGS. 
 model form of, 533-6 
 municipal charters, schemes for provision of as to continuance 
 
 of bye-laws, 368 
 
 offences under, prosecution of, 304 
 officers for enforcement of, appointment of, 264 ; directions to , 
 
 for execution of, 342
 
 706 INDEX. 
 
 BYE-LAWS continued. 
 
 penalty for breach of, 271, 461. See also PENALTIES. 
 
 religious instruction, bye-laws not to prevent withdrawal of child 
 
 from, 270 
 
 religious observance, bye-laws to allow children to attend, 270 
 revocation of, 270, 178 
 
 saving of, under scheme for municipal charter, 368 
 time during which children to attend school, as to, 270 
 validity of, 353, 178 
 
 CANAL BOATS ACTS 
 
 provisions of as to education of children living in canal boats, 
 512-4 
 
 CANDIDATES 
 
 for appointment, expenses of, 263 
 
 as head teacher in non-provided school, right of education 
 
 authority as to, 101 
 as pupil teachers in non-provided schools, appointment of by 
 
 education authority, 100 
 at elections, use of schoolrooms by, 221, 223 
 
 CASTING VOTE 
 
 chairman of education committee, 171 
 chairman of meeting of managers, 173 
 
 CATECHISM 
 
 teaching of in colleges, &c., for higher education, 90, 194 
 industrial schools, 393 
 provided schools, 210, 212 
 schools for blind and deaf, 393 
 schools for defective and epileptic, 444 
 
 CERTIFICATE 
 
 age of child, 341, 548-9 
 
 attendance at school, 305 ; children on canal boats, in case ot, 
 
 512,514 
 previous due attendance, 311; form of, 555-6; regulations 
 
 of Board of Education as to, 550 ; of Secretary of State 
 
 for purpose of Factory Act, 503 ; standard for, 355, 462 ; 
 
 workhouse schools, in case of, 552 
 births : certificates by education authority, 500, 549 
 
 by registrars, 506, 340 ; form of requisition for, 581-2 
 of registry of birth, 341-2 
 
 contribution by parent for child in industrial school, 521 
 day industrial schools, in case of children in, 615 
 efficient school, conditions of, 545. See CERTIFIED EFFICIENT 
 
 SCHOOL. 
 
 forgery of, 306, 344, 507 
 labour, 312, 551 ; forms of, 554-7 
 medical, of illness of child, duty of Poor Law medical officer as 
 
 to, 277 
 proficiency in reading, writing, &c. : a condition of employment, 
 
 3" 
 
 definition of, 339, 355 
 
 regulations of Board of Education as to, 549. See also 
 PROFICIENCY CERTIFICATE.
 
 INDEX. 707 
 
 CERTIFICATE continued. 
 
 regulations of Board of Education as to certificates of age, pro- 
 ficiency, &c., 548 
 
 Local Government Board requisition for birth certificate, 581 
 by teacher, of attendance at school and reaching prescribed standard, 
 
 305 
 
 duty of teacher to furnish, 550 
 
 workhouse school, children in, grant of certificates of proficiency 
 and attendance, 552 
 
 CERTIFIED EFFICIENT SCHOOL 
 
 attendance at, certificate of, for purpose of employment of child, 
 
 3 IZ > 3395 duty of teacher to furnish, 550; form of, 
 
 555-9 5 standard for, 355, 462 
 order for, 320 
 day industrial school as, 333 ; regulations of Secretary of State 
 
 as to attendance at, 601 
 definition of, 352, 504 ; includes day industrial school, 333 ; school 
 
 for blind and deaf, 391 ; for defective and epileptic, 440 
 inspection of, 545, 547 
 
 proficiency, certificates of. See PROFICIENCY CERTIFICATES, 
 registers of attendances in, 352, 545 ; dealing with in case of 
 
 discontinuance of school, 550; preservation of, 550 
 rules of Board of Education as to, 545-7 
 suspension of certificate, 547 
 teacher in, recorded service of, 412 
 workhouse school as, 352-3 ; regulations of Local Government 
 
 Board as to, 592, 594 
 
 CERTIFIED INDUSTRIAL SCHOOL. See also DAY INDUSTRIAL 
 
 SCHOOL. 
 
 assessment of, to local rates, 228 
 audit of accounts of joint industrial school, 460 
 borrowing by education authority for building, &c., of, 257-8, 332 ; 
 
 contributions to, 361 ; furnishing, 258, 361 
 sanction of Secretary of State to, 194, 332, 361 
 building, and maintenance of by education authority, 257, 332, 359 
 certification of, by Secretary of State, 252 
 children who may be sent to, under Industrial Schools Act, 253 ; 
 
 under attendance order, 323 ; committal of child to, 
 
 253, 520 
 contribution to, by education authority, 252, 255 ; notice of 
 
 intention to make, 301 ; borrowing for, 361 
 to maintenance of child in, 252, 255 ; notice of intention to 
 
 make, 522 
 
 ultimate disposal of child sent to, 460, 521 
 conveyance of children to and from, expense of, 328, 460 
 definition of, 252, 327 
 disposal of child sent to, 331, 460, 521 
 duty of education authority to take proceedings for sending child 
 
 to, 329 
 
 furnishing, power of education authority to borrow for, 258 
 joint industrial school, audit of accounts of, 460 
 licence for child to live out of, 330 ; expenses of sending out and 
 
 bringing back child under, 460 
 order of justices for sending child to, 253, 323, 327 ; of Quarter 
 
 Sessions or Court of Assize, 520
 
 708 INDEX. 
 
 CERTIFIED INDUSTRIAL SCHOOL 
 
 parent, contribution by, in respect of child sent to, 324, 328, 520-1 
 proceedings for sending child to, 253, 323-4, 520 ; duty of educa- 
 tion authority to take, 329 ; by private individual, 329 
 model rules of Secretary of State as to religious instruction in, 393 
 Secretary of State, consent of, to building, &c., of, by education 
 authority, 332 ; to loans for, 194, 332, 361 ; model rules 
 for management, &c., of, 331 
 
 teacher in, "recorded service" of, 413. See also TEACHER. 
 truant schools, establishment of, 330-1 ; model rules for, 331 
 orders for sending children to, 327 
 
 CERTIFIED REFORMATORY SCHOOL 
 
 assessment of, to local rates, 228 
 
 power to provide for children being sent to industrial school in 
 
 lieu of to reformatory school, 335 
 teacher in, recorded service of, 413 
 
 CERTIFIED SCHOOL FOR BLIND AND DEAF CHILDREN 
 
 accounts of, audit and publication, 391-2 
 
 annual certification of, 391 
 
 attendance at, enforcement of, 395-6 
 
 boarding-out of children attending, 388 ; regulations of Board of 
 
 Education as to, 562 
 borrowing for, 390, 194 
 building, rules for, 560 
 
 certification of by Board of Education, conditions of, 391 
 certified efficient school, when to be deemed, 391 
 contributions to by education authority, 388 ; terms of, 388-9 
 definition of, 398 
 
 establishment and maintenance of by education authority, 388 
 expenses of education authority, 390 
 guides or conveyances for children attending, 439 
 industrial training in, 397 
 inspection of, by H.M. Inspector, 391 
 manual instruction in, 397 
 parliamentary grants to, 396-7 
 public elementary school, treatment of as, 391 
 religious instruction in, 392-4 
 representation of education authority on governing body of 
 
 school, 389 
 
 selection of school by parent, 395 
 teacher in, recorded service of, 412. 
 
 See also BLIND AND DEAF CHILDREN. 
 
 CERTIFIED SCHOOLS FOR DEFECTIVE AND EPILEPTIC CHIL- 
 DREN 
 
 accounts of, audit and publication, 440, 576-7 
 
 attendance at, enforcement of, 443 ; duty of parent as to, 439 
 
 boarding out of defective children attending day schools and 
 
 classes, 436 ; regulations of Board of Education as 
 
 to, 579 
 
 borrowing for by education authority, 441, 390, 194 
 certification of by Board of Education, conditions and effect of 
 
 certificate, 440 ; defective children : day schools and 
 
 classes for, 436 ; rules of Board of Education as to, 571
 
 INDEX. 7CK) 
 
 CERTIFIED SCHOOLS FOR DEFECTIVE AND EPILEPTIC CHIL- 
 DREN continued. 
 certification of by Board of Education 
 
 boarding and lodging, schools for, 436-7 ; rules of Board of 
 Education as to, 574 
 
 epileptic children, schools for, 436-7 ; rules of Board of 
 
 Education as to, 576 
 
 certified efficient school, when to be deemed, 440, 391 
 definition of, 444 
 
 establishment, &c., of, by education authority, 436 
 expenses of education authority, 441, 390 
 guardians, boards of, contributions by, 442-3 
 guides or conveyances for children attending, 439 
 inspection of children in by medical officer, 572 
 
 of schools by H.M. Inspector, 440, 391 
 manual instruction in, 573-4, 577-8 
 order for epileptic child to be sent to, 439 
 
 parliamentary grants, 441 ; defective children, day schools and 
 classes for, 574 ; schools for boarding and lodging, 576 
 
 epileptic children, schools for, 577-8 
 public elementary school, treatment of, as, 440, 391 
 reception in, of children from other districts, &c., 443 
 religious instruction in, 444, 392-4 
 returns to Board of Education as to, 444 
 selection of school by parent, 442 
 size of schools, 437 
 
 teachers, qualifications, &c., of, 572-3 
 time-tables for, 573 
 
 CERTIORARI 
 
 writ of, in case of disallowance, &c., by auditor, 145-7 
 
 CHAIRMAN 
 
 of education committee, casting vote of, 171 ; signing of minutes 
 
 by, 171 
 of managers, appointment of, 173 ; casting vote of, 173 ; signing 
 
 of minutes by, 173 
 
 CHARITABLE TRUSTS ACTS 
 
 application of to sale, leasing, or exchange of land by education 
 authority, 240-1 
 
 Board of Education deemed to be persons interested under, 288 
 
 schemes under, construction of references in, to Technical In- 
 struction Acts, 194 
 
 transfer to Board of Education of certain powers of Charity 
 Commissioners under, 446-45 1 
 
 CHARITIES 
 
 education authority may be trustees of, 299 
 
 inquiries as to, contribution by councils to expenses of, 300-1 
 
 CHARITIES INQUIRIES (EXTENSION) ACT, 1892.. 300-1 
 
 CHARITY COMMISSION 
 
 inquiries by, 300-1 
 
 mandamus against, 300 
 
 transfer to Board of Education of educational powers of, 446-51
 
 710 INDEX. 
 
 CHARTER, MUNICIPAL 
 
 provisions of, as to education areas, 368 
 
 CHILD 
 
 accident to, in school, liability for, 215 
 
 age of, for compulsory education, employment, &c. See AGE OF 
 CHILD. 
 
 attendance at school of. See ATTENDANCE (SCHOOL) ; BYE- 
 LAWS. 
 
 blind and deaf, 386-399. See BLIND AND DEAF CHILDREN. 
 
 canal boats, children in, 512-4 
 
 committal to custody on remand, 519 
 
 conveying to school, 161, 439 
 
 defective and epileptic, 433-444. See DEFECTIVE AND EPI- 
 LEPTIC CHILDREN. 
 
 definition of under Act of 1876.. 352 ; blind child, 395, 398 ; deaf 
 child, 395, 398 ; defective child, 433, 443 ; epileptic 
 child, 433, 443 
 
 detention in school after school hours, 274 
 
 duty of parent as to education of, 310 ; in case of blind or deaf 
 child, 386 ; of defective or epileptic child, 439 
 
 elementary instruction, age of for, 160 
 
 employment of. See EMPLOYMENT OF CHILDREN. 
 
 guides for, to school, 439 
 
 industrial school, sending to. See CERTIFIED INDUSTRIAL 
 SCHOOL, DAY INDUSTRIAL SCHOOL, TRUANT SCHOOL. 
 
 pauper child, education of a condition of poor relief, 347, 365 
 
 punishment of, by teachers, 213-5, 2 74 
 
 religious instruction of. See RELIGIOUS INSTRUCTION. 
 
 travelling expenses of, to school, &c., 161 
 
 " young person " under Factory Act, when to be deemed, 503 
 
 Youthful Offenders Act, offences, &c., under, 518-522 
 
 CLASSES (SCIENCE AND ART) 
 
 temporary provision for maintenance of, by school boards, 169, 
 465-9 
 
 CLERK TO EDUCATION AUTHORITY 
 
 appearance in legal proceedings, 291 
 authentication of documents by signature of, 288 
 service of notices on, 288 
 
 CLERK TO SCHOOL BOARD. See also OFFICERS. 
 qualification for office of guardian, 263-4 
 quo -warranto as to office of, 260-1 
 
 CLOSING OF SCHOOLS ON ACCOUNT OF EPIDEMICS, &e. 
 
 claim of teacher for loss through, 644 
 grant in case of, 544 
 
 memorandum of Local Government Board as to, 537 
 provisions of Code as to, 644-5. $ ee a ^ so DISCONTINUANCE OF 
 SCHOOL. 
 
 COAL MINES REGULATION ACT 
 
 provisions of as to employment and education of children, 509- 
 5ii 
 
 CODE. See DAY SCHOOL CODE.
 
 INDEX. 711 
 
 COLLEGES FOR HIGHER EDUCATION. See also SECONDARY 
 SCHOOLS. 
 
 definition of, 167 
 
 existing colleges, &c., to be had regard to by education authority, 
 84 
 
 fees of students at, power of education authority as to, 161 
 
 management of, arrangements for, 157 
 
 religious instruction, c., in 90, 194 
 
 scholarships at, 161 
 
 secondary schools, inspection of, 451-3 ; regulations of Board of 
 Education as to, 87-8 
 
 Technical Instruction Acts, colleges, &c., provided under, pro- 
 visions as to, 194 
 
 training of teachers, power of education authority as to, 160. 
 See also TRAINING COLLEGE FOR TEACHERS. 
 
 travelling expenses of teachers or children attending, 161 
 
 withdrawal of scholars from religious instruction in, 90 
 
 COMBINATION 
 
 of education authorities for appointment of education committee, 
 126, 137, 670 
 
 appointment of officers, 259 
 
 establishment of joint industrial school, 460-1 
 
 purposes of elementary schools, 265 
 of minor local authorities for appointment of managers, 167 
 
 COMMITTEE 
 
 Consultative Committee of Board of Education, 453-4 
 of Council on Education superseded by Board of Education, 446 
 
 Vice-president of, provision as to, 445 ; abolition of office of, 
 
 456 
 education committee, 125 
 
 sub-committees of, 171 ; for school attendance purposes, 193. 
 
 See also EDUCATION COMMITTEE. 
 school attendance committees, abolition of, 91. See SCHOOL 
 
 ATTENDANCE COMMITTEE. 
 of teachers' registration council, 658 
 
 COMPANY 
 
 provision of school for canal-boat children by, 513 
 shareholder of, not disqualified for membership of council or edu- 
 cation committee by reason of contracts of, 129-130 
 
 COMPENSATION 
 
 land, for compulsory acquisition of, 232 ; easement over, 237 ; 
 lands injuriously affected, 238 
 
 officers transferred to education authority : abolition or relinquish- 
 ment of office, compensation on, 184 ; appeal to Treasury, 
 189; borrowing for, 186; claim for, mode of making, 
 189; expenses of, 186 ; officers entitled to, 181-3, 186, 
 189; period of service for purpose of, 184; provisions 
 applicable to, 185-190 ; rules of Treasury as to compen- 
 sation to civil servants applied, 189-190 
 
 COMPULSORY PURCHASE OF LAND. See LAND. 
 
 CONFERENCES OF EDUCATION AUTHORITIES 
 
 expenses of, 405 
 
 regulations of Board of Education as to, 406
 
 712 INDEX. 
 
 CONFIRMATION 
 
 of bye-laws, 271, 461 
 
 provisional orders for compulsory purchase of land, 231 
 scheme for education committee, 159 
 
 "CONSCIENCE CLAUSE." See also RELIGIOUS INSTRUCTION. 
 blind and deaf, schools for, 392-3 
 colleges and schools for higher education, 90 ; under Technical 
 
 Instruction Acts, 194 
 day industrial schools, 616 
 
 defective and epileptic children, schools for, 444, 392-3 
 public elementary schools, 206-7 ; duty of education authority 
 to report infractions of, 313-4 
 
 CONSULTATIVE COMMITTEE OF BOARD OF EDUCATION 
 
 establishment of, 453-4 
 
 regulations by for register of teachers, 657, 659 
 
 recognized schools, &c., for purpose of, advice of committee 
 as to, 662 
 
 CONTRACTS 
 
 continuance and enforcement of, in case of authorities abolished, 
 
 178 
 disqualification for membership of education committee by reason 
 
 of, 126, 129-136 
 
 of council, 129-130 ; temporary provision as to, 178 
 of education committee, sealing of, 138 
 
 school boards, transferred to education authority, 131 
 
 CONTRIBUTION 
 
 to annuity fund, by teachers, 407, 417. See SUPERANNUATION OF 
 
 TEACHERS. 
 
 blind and deaf, schools for, 388-9 
 charities, expenses of inquiries, 300-1 
 conferences of education authorities, expenses of, 405-6. 
 defective and epileptic, schools for by education authority, 436 
 
 by boards of guardians, 442 
 
 elementary school, by guardians, for cost of providing, &c., 459 
 industrial schools : by education authority, towards 
 
 establishment, &c. , of, and maintenance of children in, 252, 
 255 ; borrowing for, 361 ; notice of intention to con- 
 tribute, 301, 522 ; 
 
 ultimate disposal of child sent to, 460, 521 
 maintenance of child, contributions by parent. See PARENT. 
 orders for before appointed day, collection, &c., of 177 
 secondary schools, cost of inspection of, 452 
 
 urban district council : contribution order for expenses of, making 
 and enforcement of, 139, 142, 343-4 
 
 CONVEYANCE OF LAND 
 
 for public elementary schools, form of, 240, 476-7 
 for technical and industrial institutions, 526-7 
 
 CONVEYANCES 
 
 for children and teachers, provision of by education authority, 
 161, 439
 
 INDEX. 713 
 
 CO-ORDINATION 
 
 of all forms of education : duty of education authority as to, 84 
 scheme for education committe, provisions of as to, 126; 
 memorandum of Board of Education as to, 671 
 
 CORPORAL PUNISHMENT 
 
 in day industrial schools, 599 
 
 in public elementary schools, instructions of Board of Education 
 as to, 213 ; liability of teacher for, 214 
 
 COSTS. See also EXPENSES. 
 of appeal against decision of district auditor, 146-7 
 
 Board of Education in connection with provisional orders as to 
 
 purchase of lands, 231 
 inspection of secondary schools, 452 
 local inquiries, 269 
 
 education authority in promoting or opposing provisional order 
 as to scheme for education committee, 1 59 ; borrowing 
 for, 159 
 
 inquiries by Local Government Board, 165-6 
 taxation of costs of provisional order, 239 
 
 COUNCIL 
 
 teachers' registration, 657 
 
 See also COUNTY BOROUGH COUNCIL ; COUNTY COUNCIL ; 
 NON-COUNTY BOROUGH COUNCIL ; RURAL DISTRICT 
 COUNCIL; URBAN DISTRICT COUNCIL. 
 
 COUNTY BOROUGH COUNCIL. 
 
 See also LOCAL EDUCATION AUTHORITY. 
 
 accounts of, as education authority, 140, 143 ; audit of, 140 ; pro- 
 visions applicable to, 143-9. See also AUDIT. 
 borrowing by, 149-50, 494. See BORROWING, 
 charities, contribution to cost of inquiries as to, 300-1 
 disqualification of members of, temporary provision as to, 178 
 education authority for elementary and higher education, 8r 
 education committee, appointment of, 125 ; scheme for, 125 ; 
 provisions of, in case of county boroughs in Wales, 126-7. 
 See also EDUCATION COMMITTEE. 
 expenses of, 139, 140. See also EXPENSES 
 
 loans to school board, order of Local Government Board as to, 176 
 local acts, charge of expenses of education under, 140, 149 ; 
 
 adaptation of, 194 
 
 local taxation (customs and excise) grant, application of, 84, .175 
 management of schools outside area, arrangements for, 157 
 managers of elementary schools, appointment of, 95 
 secondary schools, contribution to cost of inspection of, 452-3 
 Wales, county borough in, provisions as to, 126-7 
 
 COUNTY COUNCIL. See also LOCAL EDUCATION AUTHORITY. 
 Blind and Deaf Children Act, transfer of property, &c., under, 176 
 borrowing by for purposes of Education Acts, 149-50, 491. See 
 
 also BORROWING. 
 boroughs, non-county, expenses of elementary education in 
 
 county, charge of to, 139 
 
 members of county council elected for, voting by, 161 
 
 3 A
 
 INDEX. 
 
 COUNTY CODNCIL-;rf/. 
 
 boroughs, non-county, relinquishment of powers by council of, in 
 
 favour of county council, 157 ; transfer of officers on, 181, 
 
 1 86 ; of property, &c., on, 174 
 bye-laws, making of for different parts of area, 193 
 capital moneys advanced to school boards, provision as to, 176 
 charities, contribution to cost of inquiries as to, 300 
 contribution to ultimate disposal of child sent to industrial 
 
 school, 521 
 Defective and Epileptic Children Act, transfer of property, &c., 
 
 under, 176 
 
 disqualification of members of, temporary provision as to, 178 
 district council : transfer of property, &c., of schools for blind and 
 
 deaf, and defective and epileptic children, 176 
 education committee, appointment of, 125 ; scheme for, 125 
 
 Memoranda of Board of Education as to 668, 673. See also 
 
 EDUCATION COMMITTEE. 
 endowments of public elementary schools, application of income 
 
 of, 1 20- 1 
 
 expenses, charging of to part of county, 139, 143, 176 
 higher education, expenditure on, limit of, 84, 161 
 inquiries as to charities, contribution to expenses of, 300-1 
 loans to school boards, provision as to, 176 
 local acts, adaptation of, 194 
 local education authority for county, 81 ; in non-county boroughs 
 
 and urban districts, on relinquishment of powers by 
 
 councils of, 157 
 local taxation (custom and excise duties) grant : application of, 
 
 84, 175 
 
 management of school or college in another district : arrange- 
 ments for, 157 
 
 managers of public elementary schools, appointment of, 95 ; 
 arrangements for joint appointment by minor local 
 authorities, 167 
 members of, temporary provision as to disqualification of, 178 ; 
 
 voting by when representing other education areas, 161 
 Scilly Islands, local education authority for, 168 
 secondary schools, contribution to cost of inspection of, 452-3 
 sinking fund moneys lent to school board, provisions as to, 176 
 urban district council, relinquishment of powers in favour of 
 county council, 157 ; transfer of officers on, 181, 186 ; of 
 property, &c., on, 174 
 
 Welsh Intermediate Education Act, governing body under, pro- 
 vision as to, 126-7 
 
 COUNTY RATE BASIS 
 
 for purpose of calculating aid grant, 109, iij 
 
 apportionment of in case of parish in two areas, 109 
 
 COURT OF SUMMARY JURISDICTION 
 
 adjudications by justices when members of local authority, 281-3 
 order by, for 
 
 attendance of child at certified efficient school, 304, 320 ; at 
 
 industrial school, 323-4 
 
 contribution by parent, for child sent to blind and deaf school, 
 394; industrial school, 334, 520, 624; defective and 
 epileptic school, 442 ; remand, child under, 520
 
 INDEX. 715 
 
 COURT OF SUMMARY 
 
 order by, for 
 
 custody of child under remand, 519 
 entry of officer to place where child employed, 342 
 industrial school, sending child to, 323-4 ; form of order, 624 ; 
 transfer of child from, 618 ; form of order, 625 
 
 proceedings before, for enforcement of bye-laws as to school 
 
 attendance, 271, 280, 304-5 
 injuring, &c., notices, 302 
 recovery of penalties, &c., 293, 304 
 refusing admission to place of employment of child, 342 
 
 production of child before, 305 
 
 CROPS 
 
 exemption from prohibition of employment of children for in- 
 gathering of, 315 
 
 DAY INDUSTRIAL SCHOOL. See also CERTIFIED INDUSTRIAL 
 
 SCHOOL. 
 application to, of Industrial Schools Act, 335 ; order in council 
 
 for, 602 
 attendance at, definition of, for purpose of attendance certificate, 
 
 357, 601 
 attendance of child at, under licence to live out of industrial school, 
 
 610 
 
 attendance order at, conditions and form of, 612-3, 624 
 certification of, 333, 603 ; instructions of Secretary of State as to 
 
 applications for, 598 ; withdrawal or resignation of cer- 
 
 tificate, 335, 619 
 certified efficient school, condition of being, 333 ; attendance at, 
 
 definition of, 357, 601 
 children who may be sent to, 333, 606-9 > under attendance order, 
 
 323-4, 607-8, 612 
 definition of, 333, 603 
 detention of child in, 333 ; evidence of order for, 617 ; form of 
 
 order for, 611, 623 ; hours of detention, 611 
 inspectors of, appointment, duties, &c., 603-4, 614-5 
 licence exempting child from attendance at, 626 
 local education authority ; powers of as to 
 
 contributing to, 334, 336, 605 ; borrowing for, 361, 194 
 establishing, maintaining, etc., 334, 336, 359, 605 ; borrowing 
 
 for, 332, 605 
 
 management of, rules for, 598, 616 
 managers of, definition, 603 
 order for sending child to, on 
 
 disobedience to attendance order, 323-4, 607-8 ; form of 
 
 order, 612-3, 624 
 otherwise than under attendance order, 333-4, 606-7 ; form 
 
 of order, 6n, 623 
 
 at request of parent, 334-5, 609; form of order, 613, 625 
 order in council applying provisions of Industrial Schools Act to, 
 
 335, 602 ; licence exempting child from attendance at, 626 
 parent, contribution by, in respect of child sent to, 324, 334 ; order 
 
 of Secretary of State as to, 600 ; relief by guardians for 
 
 purpose of, 334 
 selection of school by, 61 2
 
 7l6 INDEX. 
 
 DAY INDUSTRIAL SCHOOLS continued. 
 
 parliamentary grant to, 334-5 ; conditions of, 337, 614 ; recom- 
 mendations of Secretary of State as to, 628 
 penalty for non-attendance at, and not conforming to rules, 617 
 proceedings for sending child to, duty of education authority to 
 
 take, 329, 609 
 
 punishment of children in, 599 
 regulations of Secretary of State as to 
 applications for certificates for, 598 
 attendance at, for purpose of Elementary Education Act, 
 
 i876..6oi 
 
 contributions by parents of children sent to, 600 
 parliamentary grants to, 628 
 religious instruction at, 616, 618 
 teacher in, consent of inspector to appointment of, 600, 629 ; 
 
 "recorded service" of, 413 
 
 transfer of child to another school, order for, 618 ; form of, 625 
 withdrawal of certificate, 335, 619 
 
 DAY SCHOOL CODE 
 
 provisions of as to certificates of proficiency, 635 
 conditions of annual parliamentary grant, 636 
 epidemic grant, 544 
 higher elementary schools, 653 
 pensions of teachers, 646 
 school attendances, 634 
 standards of examination in elementary subjects, 648 
 
 DEAF CHILDREN. See BLIND AND DEAF CHILDREN ; CERTIFIED 
 SCHOOL FOR BLIND AND DEAF CHILDREN. 
 
 DEATHS 
 
 returns of to education authority, 341 
 
 DEFAULT OF EDUCATION AUTHORITY 
 
 in fulfilling duties under Elementary Education Acts, 122-3 
 making bye-laws, 194, 363 
 making returns, 268 
 
 provision of school accommodation, 123 
 proceedings by Board of Education on, 122-5 
 
 in case of failure to make bye-laws, 194, 363-4 ; to make 
 returns, 268 
 
 DEFECTIVE AND EPILEPTIC CHILDREN 
 
 accounts of school for, audit and publication of, 440-1, 596-7 
 
 age of for school attendance, 439, 443 
 
 attendance of at school, age for, 439, 443 ; bye-laws as to, appli- 
 cation of to, 443 ; enforcement of, 443 
 
 boarding-out defective children by education authority, 436 ; 
 regulations of Board of Education as to, 579 
 
 certificate of medical practitioner as to, 434 ; form of, 435 
 
 conveyances for, provision of by education authority, 439 
 
 defective child, definition of, 433, 443 
 
 epileptic child, definition of, 433, 443 ; order for attendance at 
 certified school, 439 
 
 examination (medical) of, arrangements for, 433-5 ; in schools and 
 classes for defective children, 572
 
 INDEX. 717 
 
 DEFECTIVE AND EPILEPTIC CHILDREN continued. 
 
 guardians, boards of, contribution by towards cost of providing 
 schools, &c., 442-3 ; towards maintenance, &c., of child, 
 
 443 
 
 guides for, provision of by education authority, 439 
 local education authority as school authority for, 91-2, 433 
 
 arrangements by for ascertaining as to children defective, etc., 
 
 433-5 
 
 borrowing powers as to schools for, 441, 390, 194 
 
 duty of with respect to children outside district, in workhouse, 
 etc., 443 ; examination of children in schools, 436 ; facili- 
 ties for examination of children at request of parents, 434 ; 
 returns to Board of Education, 444 
 
 expenses of, 441, 390 ; raising of by county council as educa- 
 authority, 176 
 
 power of with respect to boarding-out, 436 ; contributing to 
 schools, 436, 438 ; establishing schools, 436 ; special 
 classes in public elementary schools, 436 
 parent of 
 
 contribution by towards expenses of child, 442, 394 
 
 duty and right of as to examination of child, 433-5 ; duty of 
 as to instruction of child, 439 
 
 effect on as regards franchise, &c., 442 
 
 order on for attendance of epileptic child at certified school, 
 
 439 
 
 selection of school by, 442 
 parliamentary grant to schools, &c., for, 441-2 ; regulations of 
 
 Board of Education as to, 574, 576, 577-8 
 religious instruction in schools for, 444, 392-3 
 school authority for, 91-2, 433-4 
 
 officers of, transfer to education authority, 181. See OFFICERS. 
 schools for, certification of by Board of Education, 436 ; conditions 
 
 and effect of certificate, 440, 391 
 definition of, 444 
 epileptic schools, 436-7, 576 
 
 regulations of Board of Education as to day schools and 
 classes, 571 ; schools for boarding and lodging defective 
 children, 574 ; schools for epileptic children, 576 
 size of schools, 437. See also CERTIFIED SCHOOLS FOR 
 DEFECTIVE AND EPILEPTIC CHILDREN. 
 
 DEFINITIONS. See INTERPRETATION OF TERMS. 
 
 DELEGATION OF POWERS. 
 
 of education authority to education committee, 125, 127-8, 669, 677 
 guardians as to payment of fees, to committees, 586-7 
 teachers' registration council, to committees, 658 
 
 DENOMINATION (RELIGIOUS) 
 
 of candidates for appointment as assistant or pupil teachers in non- 
 provided schools, 99-100 
 
 catechism or distinctive formulary of, teaching of in colleges, &c., 
 for higher education, 90, 194 ; industrial schools, 393 ; 
 provided schools, 210, 212 ; schools for blind and deaf, 
 393 ; for defective and epileptic, 444 
 
 prohibition of unfair preference to in schools for higher education, 
 90
 
 71 8 INDEX. 
 
 DISABLEMENT ALLOWANCES TO TEACHERS. 
 
 See SUPERANNUATION OF TEACHERS. 
 
 DISALLOWANCE BY AUDITOR 
 
 appeal against, 145-7 ; cost of, 147 
 
 DISCONTINUANCE OF SCHOOL 
 
 by education authority, 218-9, 251 
 
 by managers of non-provided school, 117, 241, 679 
 
 registers of certified efficient school : dealing with, on, 550 
 
 DISMISSAL OF TEACHERS 
 
 in non-provided schools : consent of education authority to, 98 ; 
 
 directions by, for, 98-9 ; grounds of, 102 ; powers of 
 
 managers as to, 100, 102 
 recovery of premises in case of, 292, 480 
 
 DISPUTES (DETERMINATION OF) 
 
 annuities, superannuation allowances, &c., of teachers, 424-5 
 between education authority and managers of non-provided 
 schools, as to 
 
 furnishing of information by managers, 303 
 
 grouping of schools, 119 
 
 income of endowments, apportionment of, 120 
 
 management of schools, appointment of teachers, &c., 99, 105 
 
 school fees, apportionment of, 121-2 
 grouping of non-provided schools, 1 19 
 income of endowments, 120 
 
 necessity of proposed public elementary school, 107-8 
 religious instruction in non-provided schools, 100 
 returns by managers of non-provided schools, 303 
 school fees in non-provided schools, apportionment of, 121-2 
 time-table in public elementary schools, 209 
 use of school-rooms for purposes of Allotments Act, 222-3 ; by 
 parish council, &c., 223-5 
 
 DISQUALIFICATION 
 
 members of councils, statutory provisions as to, 129-136 ; 
 
 temporary provisions for meeting, 178 
 members of education committee, 126, 129-136 
 teachers in non-provided school, 162 ; in provided schools, 83 
 women, qualification of, as managers, 1 or members of education 
 
 committee, 162 
 
 DISTRESS WARRANTS 
 
 for recovery of penalties : application for by education authority, 
 
 281 ; evidence required for, 327 
 recovery of sums certified by district auditor, 148 
 
 DISTRICT AUDITORS ACT, 1879 
 
 provisions of, as to financial statement and stamp duty, 148-9 
 application of, 144 
 
 DISTRICT RELIEF COMMITTEES 
 
 application to, for payment of school fees by guardians, 317-8, 586 
 
 DISTRICT SCHOOL. See WORKHOUSE SCHOOL. 
 
 DOCUMENTARY EVIDENCE ACT 
 
 application of, to Board of Education, 289, 351
 
 INDEX. 719 
 
 
 
 DOCUMENTS 
 
 authentication of, in case of Board of Education, 289-290, 455-6 
 in case of education authority, 288 
 
 DUTIES 
 
 definition of, 167 
 
 of education authority. See LOCAL EDUCATION AUTHORITY. 
 parent, as to education of child. See PARENT. - 
 
 DWELLING-HOUSE OF TEACHER. See SCHOOLHOUSE. 
 
 EDUCATION 
 
 co-ordination of all forms of, provision for, by education authority, 
 84 ; provisions of scheme for education committee as to, 
 126 
 
 EDUCATION ACT, 1902.. 8 1 
 
 EDUCATION ACT, 1901.. 465 
 
 EDUCATION ACT, 1901 (RENEWAL), ACT, 1902.. 469 
 
 EDUCATION ACTS, 1870 TO 1902 
 
 collective title, 169 ; statutes included under, 170 
 
 EDUCATION AUTHORITY. See LOCAL EDUCATION AUTHORITY. 
 EDUCATION CODE ACT, 1890.. 372 
 
 EDUCATION COMMITTEE 
 
 accounts of, 140 ; audit of, 140, 149 
 . appointment of, 125 ; provisions of scheme as to, 125-6 
 
 for separate areas in county, 126, 137 
 chairman of, casting vote of, 171 
 contracts by, 138 
 
 delegation of powers to, 125, 127-8 
 disqualifications for membership of, 126, 129-136 
 joint committee, provisions of scheme as to, 126; memorandum 
 
 of Board of Education, 137, 670 
 members of, provisions of scheme as to, 125-6, 129 
 minutes of, 171-2 
 
 officers of schools, &c., qualification for membership of, 126 
 powers of, 125, 127-8 
 proceedings of, 171 
 provisional order of Board of Education as to scheme for, 126; 
 
 provisions applicable to, 158-9 
 quorum, 171 
 
 regulations of education authority as to meetings, &c., of, 171 
 scheme for establishment of, 125-6; alteration or revocation of, 
 158 ; memoranda of Board of Education as to, 127, 668, 
 
 673 
 school boards, members of, provisions of scheme as to, 126 
 
 substitution of education committee, &c., for, 193 
 sub-committees of, 171 ; memorandum of Board of Education as 
 
 to, 137, 671 
 for school attendance purposes, substitution of for school 
 
 board, 193 
 teachers, qualification for membership of, 126
 
 720 
 
 INDEX. 
 
 EDUCATION COMMITTEE continued. 
 travelling expenses of members of, 138 
 Welsh Intermediate Schools, governing body of, provisions of 
 
 scheme as to, 126-7 
 women, qualification for membership of, 162 ; provisions of 
 
 scheme as to appointment of, 126 
 
 EDUCATION DEPARTMENT 
 
 definition of, 202 
 
 superseded by Board of Education, 446. See BOARD OF EDUCA- 
 TION. 
 
 ELECTIONS 
 
 use of schoolrooms for purposes of, 221-5 
 
 ELEMENTARY EDUCATION 
 
 limit of age of child for, in public elementary school, 160 
 
 ELEMENTARY EDUCATION ACT, 1870.. 201 
 ELEMENTARY EDUCATION ACT, 1873.. 298 
 ELEMENTARY EDUCATION ACT, 1876.. 309 
 ELEMENTARY EDUCATION ACT, 1880.. 363 
 ELEMENTARY EDUCATION ACT, 1891.. 374 
 ELEMENTARY EDUCATION ACT, 1900. .458 
 
 ELEMENTARY EDUCATION (BLIND AND DEAF CHILDREN) 
 ACT, 1893.. 386 
 
 ELEMENTARY EDUCATION (DEFECTIVE AND EPILEPTIC 
 CHILDREN) ACT, 1899.. 433 
 
 ELEMENTARY EDUCATION (INDUSTRIAL SCHOOLS) ACT, 1879.. 
 358 
 
 ELEMENTARY EDUCATION (SCHOOL ATTENDANCE) ACT, 1893.. 
 400 
 
 ELEMENTARY EDUCATION (SCHOOL ATTENDANCE) ACT, 1899.. 
 
 43o 
 
 ELEMENTARY SCHOOL. See also PUBLIC ELEMENTARY SCHOOL. 
 definition, 160, 202 
 
 higher elementary schools rules of Board of Education as to, 653 
 parliamentary grant to, condition of, 294 
 public elementary school, when a, 206 
 transfer of, to education authority by managers, 241-3 
 
 ELEMENTARY SCHOOL TEACHERS SUPERANNUATION ACT, 
 1898.. 407 
 
 EMPLOYMENT OF CHILDREN 
 
 age of child who may be employed, 311, 364, 461 ; in agriculture, 
 430 ; in factory or workshop, 500, 503 ; in mines, 509 
 
 agent of employer, liability of, 345 
 
 agriculture, employment of child in, 315, 430; model bye-law as 
 to 535
 
 INDEX. 721 
 
 EMPLOYMENT OF CHILDREN continued. 
 
 bye-laws as to school attendance, to be subject to law relating to, 
 270, 274 
 
 circus, &c., employment in, 515-7 
 
 conditions of, as to age of child, 311, 364, 461 ; proof of, 506, 
 
 581 
 
 certificate of child having reached prescribed standard, 311 ; 
 examinations for, 549-50 ; standard for, 339, 355 ; regu- 
 lations of Board of Education as to, 549 
 
 certificate of previous attendance at school, 311 ; standard 
 for, 355, 462 ; regulations of Board of Education as to, 
 
 55 
 
 crops, ingathering of, exemption for, 315 
 enforcement of law as to, by education authority, 313 ; direction 
 
 to officers for, 342 
 entry, power of, for purpose of, 342 
 legal proceedings for, 342, 344, 353 ; exemption of employer 
 
 in, 345 
 
 exemption from, for certain purposes, 315 
 factories and workshops, employment in, 313, 500-8 ; duty of 
 
 factory inspectors as to, 313, 505 
 husbandry, operations of, exemption for, 315 
 labour certificate, regulations of Board of Education as to, 551 ; 
 
 examinations for, 549-50 ; in case of workhouse schools, 
 
 552 ; form of, 554-7 
 laundries, employment in, 504-5 
 licence for employment in theatres, &c., 516 
 mines, employment in, 509-11 ; duty of inspectors as to, 313 
 parent, employment of child by, 313, 351 ; false representation by, 
 
 345, 5ii 
 
 penalty for illegally employing child, 313 
 
 Prevention of Cruelty to Children Act, provisions of, as to, 515-7 
 prohibition of, 311, 364, 401, 461 ; exceptions from: distance of 
 residence from school, 314 ; during school holidays, or 
 out of school hours, &c., 315 ; non-interference with in- 
 struction, 315 ; employment in operations of husbandry, 
 
 315 
 
 saving for law under other statutes, 353 
 workman of employer, liability of, 345 
 
 See also ATTENDANCE (SCHOOL) : BYE-LAWS. 
 
 ENDOWED SCHOOLS ACTS 
 
 application of, to schemes of Board of Education as to endow- 
 ments, &c., 284-7 
 
 schemes under, construction of references to Technical Instruction 
 Acts in, 194 
 
 transfer to Board of Education of certain powers of Charity Com- 
 missioners under, 446-45 1 
 
 ENDOWMENTS 
 
 Charity Commissioners, transfer of powers of, to Board of Educa- 
 tion, 446-451 
 
 Education Act, 1902, effect of, as to, 120 
 education authority, constitution as trustees of, 299 
 income of, in case of non-provided school, dealing with, 120; 
 application of, by county council and overseers, 120
 
 722 INDEX. 
 
 inquiries by Board of Education as to, 120 
 
 Charity Commissioners, 300-1 ; contributions by councils to 
 
 expenses of, 300 
 
 memorandum of Board of Education as to, 685 
 schemes as to, 284, 286 ; references to Technical Instruction 
 
 Acts in, construction of, 194 
 
 transfer of, to education authority, 243, 248 ; re-transfer of, 251 
 trustees of, constitution of education authority as, 299 
 
 EPIDEMICS 
 
 closing, &c., of public elementary schools for : memorandum of 
 Local Government Board as to, 537 ; provisions of Code 
 as to, 644-5 
 
 liability of sanitary authority in case of, 644 
 parliamentary grant in case of, 544 
 
 EPILEPTIC CHILDREN. See DEFECTIVE AND EPILEPTIC CHIL- 
 DREN. 
 
 EVENING SCHOOLS 
 
 exclusion of, in definition of" elementary school," 160 
 
 fee grant not payable in respect of, 374 
 
 powers of local education authority as to 85-6 ; use of non- 
 
 provided schools for, 104 
 regulations of Board of Education as to, 88 
 religious instruction in, conditions of, 90 
 
 EVIDENCE. See LEGAL PROCEEDINGS. 
 
 EXAMINATION. See also INSPECTION. 
 for certificates of proficiency, 549-50, 635-6 
 of defective and epileptic children, 433-5, 572 
 
 standards of, in public elementary schools, 648-52 
 
 EXCHANGE 
 
 of lands by education authority, 240-1 
 
 lands under Technical Institutions Act, 527 
 
 EXEMPTION 
 
 from prohibition of employment of children, 315. See also EMPLOY- 
 
 MENT OF CHILDREN. 
 
 rating : non-provided schools, 403, 103, 227 
 school attendance. See ATTENDANCE (SCHOOL). 
 
 EXPENSES. See also COSTS. 
 of adjustments, 191 
 
 blind and deaf children, schools for, 176, 390 ; definition of, 399 
 
 borough council, 139, 140 
 
 compensation to officers, 186 
 
 conferences of education authorities, 405-6 
 
 council of Isles of Scilly, 168 
 
 county council, 139 ; limit of, for higher education, 84 
 
 charge of, to particular areas of county : for higher education, 
 139 ; for public elementary schools, 139 ; for schools for 
 blind and deaf or defective and epileptic children, 176 
 defective and epileptic children, schools for, 176, 441-2 
 funds available to education authority for meeting, 140-1 
 guardians. See GUARDIANS (BOARDS OF).
 
 INDEX. 723 
 
 EXPENSES continued. 
 
 industrial schools, maintenance of child in, 362 ; child under 
 
 remand, 520 
 
 inquiries, by Board of Education, 159, 269 
 Charity Commissioners, 300-1 
 Local Government Board, 165-6 
 managers of non-provided schools, 103-4 
 prizes in public elementary schools, 220-1 
 provisional orders of Board of Education, 159, 231 
 public elementary schools, control of, by education authority, 98 
 returns of births and deaths, 341 
 
 sanction to, by Local Government Board, effect of, 147-8, 466-7 
 school boards : schools and classes for higher education, 465-70, 
 
 168-9 
 
 secondary schools, inspection of, 452 
 travelling expenses, of candidates for appointment, 263 ; of 
 
 members of education committee, 138 ; of teachers or 
 
 children attending school or college, 161 
 urban district council, 139, 343 ; for schools under Technical 
 
 Instruction Acts, 175 
 
 FACTORY AND WORKSHOP ACT, 1901 
 
 provisions of, as to education and employment of children, 500-8 
 See also EMPLOYMENT OF CHILDREN ; INSPECTORS. 
 
 FEE GRANT 
 
 age of child for whom grant may be paid, 374 
 
 amount of, 374, 378 
 
 average attendance, definition of, for purposes of grant, 458 ; mode 
 
 of calculating, 635 
 
 inclusion of, in calculating amount of aid grant, 112 
 payment of regulations of Board of Education as to, 376 
 
 to managers of non-provided school for period before 
 
 appointed day, 179-180 
 reduction of, 374, 381 
 
 FEES 
 
 constables, to, for service of summons, 281 
 
 factory, &c., child employed in, payment of school fees by occupier 
 
 of factory, &c., 502 
 higher education ; power of education authority to pay fees of 
 
 students, 161 
 
 mines, child employed in, payment of school fees by employer, 510 
 registrars, to, for certificate of birth, 506 ; for returns of births, 341 
 school fees in endowed schools, 285 
 
 school fees in public elementary schools. See also FEE GRANT. 
 admission of children without, 383 
 approval of, by Board of Education, 216, 381 
 books, &c., charges for, treatment of, as part of fee, 204, 379 
 bye-laws as to remission of, 270, 275 
 children sent by guardians, for, 350-1 
 children sent from outside school district, 378 
 limit of, 202; calculation of "ordinary payment," 204, 216 ; 
 in schools receiving fee grant, 377, 380-1 ; in schools 
 established since 1890, 377, 381
 
 724 INDEX. 
 
 FEES continued. 
 
 school fees in public elementary schools 
 
 non-provided schools, charge and apportionment of fees 
 
 in, 121 
 
 " ordinary payment " of, definition, 204 
 payment of, by guardians, in case of non-paupers, 316-9, 583- 
 
 591 ; in case of paupers, 347-8. See also GUARDIANS 
 
 (BOARDS OF). 
 
 prepayment of, 217, 273, 279 
 recovery of, 217 
 remission of, by education authority, 216 ; bye-laws as to, 
 
 270 ; penalty for fraudulently obtaining, 344-5 
 schools without payment of fees, duty of education authority 
 
 to provide, 193, 383 
 
 teacher, liability of, for fees in arrear, 218 
 workhouse, fees for children sent from, 350-1 
 
 FINANCIAL STATEMENT 
 
 of accounts of borough councils under Education Act, form, &c., of, 
 
 M3-4 
 
 provisions of District Auditors Act as to, 148-9 
 stamp duty on, 148-9 
 
 FORGERY 
 
 of certificates under Education Acts, 306, 344 ; under Factory 
 and Workshop Act, 507 
 
 FORMS 
 
 application to Board of Education for order as to foundation 
 
 managers, 117, 680, 684 
 
 birth of child, requisition for certificate of, 582 
 boarding-out : blind and deaf children, forms in connection with, 
 
 566-70 ; defective children, 580 
 of bye-laws as to school attendance, 533 
 
 certificate of age, 558 ; of previous due attendance, 555-6 ; of 
 
 proficiency, 558 ; of school attendance, 559 
 conveyance of land under School Sites Acts, 476 
 day industrial school : attendance order, 624 ; order of detention, 
 
 623 ; order of transfer, 625 ; undertaking of parent, 
 
 624-5 
 
 defective and epileptic children : medical certificate, 435 
 education committee, scheme for, 673 
 fees of non-pauper children : payment of, by guardians : forms of 
 
 books, &c., 589-90 
 
 foundation managers, interim order, 691 
 labour certificates, 554-7 
 mortgage, 498 
 register of teachers, 659 
 
 returns as to elementary schools and children requiring educa- 
 tion, 267 
 
 statutory declaration as to age of child, 553 
 transfer of mortgage, 498 
 workhouse school : attendance registers, 596-7 
 
 FOUNDATION MANAGERS. See also MANAGERS; TRUST DEEDS. 
 appointment of, 112 
 closing of school by, 117, 679 
 endowment, &c., qualifications of managers as to, 113
 
 INDEX. 725 
 
 FOUNDATION MANAGERS- continued. 
 
 memorandum of Board of Education as to, 114, 678 ; in case of 
 
 privately owned school, 683 
 number of, 95 ; increase of, 95 
 trust deeds, provisions of, as to, 112 
 
 order of Board of Education as to, 112-4; interim order, 
 113, 118 ; form of order, 691 ; revocation, &c., of order, 
 H3-4 
 
 FRAUD 
 
 in connection with annuities, &c., of teachers, 427 
 
 FREE SCHOOL ACCOMMODATION 
 
 duty of education authority to provide, 193, 383 
 
 FURNITURE OF SCHOOLS 
 
 conditions of Code as to, 640 
 
 industrial schools, borrowing for, 258, 361 
 
 loans for, in public elementary schools, practice of Board of 
 
 Education as to, 151 
 non-provided schools : supply of, by education authority, 105 ; 
 
 use of, by education authority, 181 ; by managers, 99 
 
 GIFTS FOR EDUCATIONAL PURPOSES 
 
 application of Mortmain and Charitable Uses Acts, 161-2, 164 
 power of education authority to accept, 299 
 
 GOVERNING BODY 
 
 of associations of voluntary schools : circular of Board of Education 
 
 as to constitution, &c., of, 688 
 See also ASSOCIATIONS OF VOLUNTARY SCHOOLS. 
 schools for blind and deaf, representation of education authority 
 
 on, 389 
 under Welsh Intermediate Education Act : abolition of, by schemes 
 
 for education committee, 126-7 
 transfer of powers, &c., of: provisions of schemes as to, 127 
 
 GRANTS TO SCHOOLS. See PARLIAMENTARY GRANT. 
 
 GRATUITY 
 
 to officers, illegality of, 261 
 
 GROUPING OF SCHOOLS 
 
 arrangements for, by education authority, 95, 119-20 
 by education authorities in combination, 265 
 
 managers for grouped schools, appointment of, 119; appeal to 
 Board of Education as to, 119 
 
 GUARDIANS (BOARDS OF) 
 
 attendance cards in case of payment of school fees by, 348-9 
 
 blind or deaf child, powers as to, 388, 397 
 
 committees, relief, consideration of applications for payment of 
 
 school fees, 317, 318, 586 
 
 school attendance, abolition of, 91. See SCHOOL ATTEND- 
 ANCE COMMITTEE. 
 
 defective or epileptic children, school for, contribution to, 442-3 
 
 definition of, 306, 588 
 
 elementary school, contribution to expense of building, &c., 459
 
 726 INDEX. 
 
 GUARDIANS (BOARDS OF) continued. 
 expenses of publication of notices, 302-3 
 
 school fees of non-pauper children, 318, 344 ; of pauper 
 
 children, 347 
 fees (school), payment by, in case of 
 
 non-pauper parents, 316; applications for, consideration of 
 by relief committees, 317 ; by district relief committees, 
 318 ; charge of, to parish, 318, 344; cost of books for 
 children, inclusion in fee, 318, 379 ; inquiries as to, by 
 inquiry officer, 319, 585-6; limit of, 316; mode of pay- 
 ment of, 319, 587 ; relief on loan for, 319, 587 ; regula- 
 tions of Local Government Board as to, 583-91 
 pauper parents, additional relief to, for, 347 ; attendance 
 cards for purpose of, 348-9 ; charging of, 347 ; limit of, 
 347 ; mode of payment of, 348 
 workhouse, for children sent from, 350-1 
 
 industrial school, child sent to, relief to parent for maintenance 
 of, 334 ; charging of, 334, 337 ; contribution to mainte- 
 nance of child in, 361-2 
 
 officers of, duty of, to publish notices under Education Acts, 302 
 district medical officer, duty of, to give certificate of illness 
 
 of child, 277 
 
 inquiry officers, appointment, duties, &c., 319, 585-90 
 pay-clerks, payment of school fees of -non-pauper children 
 
 by, 319 
 poor relief to parent or child, school attendance a condition of, 
 
 347, 365-6 
 
 publication of notices by officers of, 302 ; expenses of, 302-3 
 schoolrooms, use of, at election of, 221 
 workhouse, blind and deaf children in, 397 
 defective and epileptic children in, 443 
 school fees for children sent from, 350 
 
 workhouse schools, regulations of Local Government Board as to 
 attendances in, 592 ; attendance registers in, 594 ; form 
 of registers, 596-7. See also WORKHOUSE SCHOOL. 
 
 GUIDES 
 
 for taking children to school, provision of, 439 
 
 HIGHER EDUCATION. See also COLLEGES ; SECONDARY SCHOOLS. 
 borrowing by councils for purposes of, 149. See also BORROWING. 
 colleges, aiding, &c., of, by councils, 90 ; when outside area of 
 
 council, 161 
 definition of, 167 
 
 existing colleges to be had regard to by councils, 84 
 management of, by non-providing council, arrangement for, 
 
 157 
 under Technical Instruction Acts, provisions applicable to, 
 
 194 
 council of county: education authority for, 81 ; limit of rate in 
 
 case of, 84 
 
 county borough, education authority for, 81 
 non-county borough, powers as to, 88 ; relinquishment of 
 
 powers by, 157 
 urban district council, powers as to, 88 ; relinquishment of 
 
 powers by, 157
 
 INDEX. 727 
 
 HIGHER EDUCATION continued. 
 
 duty of education authority to consider educational needs of 
 area, 84 
 
 education committee, constitution, &c., 125-7. See also EDUCA- 
 TION COMMITTEE. 
 
 evening schools, powers as to, 85-6, 104, 160 
 
 expenses of, 139. See EXPENSES. 
 
 grant under Local Taxation (Customs and Excise) Act, applica- 
 tion of, 84, 86, 175 
 
 hostels, power to aid, 85, 90 
 
 literary and scientific institutions, transfer of, to education 
 authority, 523 
 
 local Acts, orders for adaptation of, 194 
 
 local education authority for, in county, 8 1 ; county borough, 81 
 duty of, as to, 84 
 
 powers of council as to, 84-5 ; fees of students, 161 ; making 
 provision outside area, 161 ; scholarships, provision of, 
 161 ; training of teachers, 160 ; travelling expenses of 
 teachers or students, 161 
 
 rate for, limit of, in case of county council, 84 ; in case of council 
 of non-county borough or urban district, 88 
 
 religious instruction in colleges, &c., aided or provided by council, 
 90 
 
 relinquishment of powers as to, by councils of non-county borough 
 and urban districts, 157 ; transfer of officers on, 181, 186 ; 
 of property, &c., 174, 177 
 
 school boards, schools and classes provided by, temporary pro- 
 vision as to, 168-9, 465? 469 
 
 secondary schools, inspection of, 451-2 ; rules of Board of Educa- 
 tion as to, 87-8, 667 
 
 students, fees of, 161 ; scholarships for, 161 ; travelling expenses 
 of, 161 
 
 teachers, training of, 160; travelling expenses of, 161 
 
 technical and industrial schools, purchase of land for, 525-8 
 
 Technical Instruction Acts, repeal of, 168, 196 ; construction of 
 
 references to, 194 
 schools, &c., provided under, provisions applicable to, 194 
 
 transfer to education authority of schools for science and art, 
 &c., 523 
 
 withdrawal of scholars from religious instruction in colleges, &c., 
 90 
 
 HIGHER ELEMENTARY SCHOOLS 
 
 building, &c., of, rules of Board of Education as to, 655-6 
 provisions of Code as to, 653 ; parliamentary grant for, 654-5 
 
 HOME LESSONS 
 
 detention of child for not doing, 215 
 instructions of Board of Education as to, 214-5 
 
 HOSTELS. See also COLLEGES. 
 
 aiding or provision of, by education authority, 84-5, 90, 161 
 
 when not affiliated to educational institution, 85 
 fees of students at, 161 
 religious instruction in, 90 
 scholarships at, 161
 
 728 INDEX. 
 
 HUSBANDRY 
 
 exemption from prohibition of employment in case of child 
 engaged in, 315 
 
 HYMNS 
 
 rules adopted by school boards as to, in provided schools, 212 
 
 INCOME 
 
 of education authority, sources of, 140-1 
 
 endowment of non-provided school ; application of, 120 
 credit of, to parish by county council, 120-1 
 memorandum of Board of Education as to, 685 
 managers of non-provided schools, sources of, 104 
 public elementary school : application of, 338, 645 ; games, appa- 
 ratus for, 338 ; prizes to children, 220-1 
 
 INCOME TAX 
 
 offices of school board, 227 
 
 residences of teachers in non-provided schools, 262-3 
 
 salaries of teachers, 262 
 
 on contributions to annuity fund, 263 
 
 INCORPORATION (OR APPLICATION) OF STATUTES 
 
 Arbitration Act, 191 
 
 Charitable Trusts Acts, 240-1 
 
 District Auditors Act, 1879 ; provisions as to financial statement 
 and stamp duty, 148-9 
 
 Endowed Schools Acts, 284-7 
 
 Lands Clauses Acts, 229, 240, 301, 526 
 
 Local Government Act, 1888, provisions as to audit, 144, 149 ; 
 borrowing, 149 ; compensation to officers, 185 ; definitions, 
 167 ; disqualification of members, 129-30 ; inquiries, 162 
 
 Local Government Act, 1894, provisions as to adjustments, 191 ; 
 disqualification of members, 130; transitory provisions, 
 177 
 
 Mortmain and Charitable Uses Acts, 161, 164, 528 
 
 Municipal Corporations Act, 1882, provisions as to disqualifica- 
 tion of members, 129-30 
 
 Poor Law Acts, provisions of, as to audit, 146-8 ; as to powers of 
 inspectors, 166 
 
 Public Health Act, 1875, provisions of, as to audit, 144 ; inquiries, 
 165 ; provisional orders, 158 
 
 School Sites Acts, 232, 240, 292 
 
 See also under these several headings. 
 
 INDUSTRIAL SCHOOLS 
 
 committal of child to, 253, 520 
 inspectors of. See INSPECTORS. 
 Treasury allowances for children in, 633 
 
 See also CERTIFIED INDUSTRIAL SCHOOL ; DAY IN- 
 DUSTRIAL SCHOOL ; TRUANT SCHOOL. 
 
 INFECTIOUS DISEASE 
 
 closing, &c., of public elementary schools for, memorandum of 
 
 Local Government Board as to, 537 
 liability of sanitary authority in case of, 644 
 parliamentary grant in case of, 544 
 provisions of Code as to, 644-5
 
 INDEX. 729 
 
 INGATHERING OF CROPS 
 
 exemption from prohibition of employment, for child engaged in, 
 
 315 
 
 INQUIRY 
 
 by Board of Education 
 for purpose of 
 
 Education Act, 1902 ..162 
 endowments of elementary schools, 120 
 enforcement of duty by education authority, 123 
 provisional order for acquisition of land, 230 ; for scheme 
 
 as to education committee, 1 59 
 returns by education authority, 268 
 time-table, complaints as to, 209 
 regulations as to, 162, 166, 268-9 > costs of, 159, 269 
 report of, deposit with education authority, 269 ; publication 
 
 of notice of deposit, 269, 302 
 by Charity Commissioners as to charities, contributions by councils 
 
 of counties and county boroughs to costs of, 300-1 
 education authority, as to defective and epileptic children, 433-4 
 Local Government Board, as to applications for sanction to loans, 
 
 151 ; other purposes of Education Acts, 165 
 provisions applicable to, 162, 165 
 use of schoolrooms for, 223 
 
 INQUIRY OFFICERS 
 
 appointment of, by guardians, 318-9 
 
 regulations of Local Government Board as to, 584 
 
 appointment, salary, tenure of office, 584-5 
 
 books to be kept by, 586-7, 589-90 
 
 duties of, 585-6 
 
 temporary substitute for, 585 
 
 INSPECTION 
 
 blind and deaf, schools for, by H.M. Inspector, 391 
 
 certified efficient schools, by H.M. Inspector, 545, 547 
 
 day industrial schools, by Inspector of, 603 
 
 defective and epileptic children, by medical officer, 572 ; schools 
 
 for, by H.M. Inspector, 440 
 endowed schools, 285 
 factories and workshops, 505 
 non-provided schools, by education authority, 98, 102 ; by inspector 
 
 other than H.M. Inspector, 287 
 
 public elementary schools, by H.M. Inspector, 207, 640 
 recognized schools for register of teachers, 667 
 secondary schools, by officers of Board of Education, 451-3 
 theatres, &c., where children employed, 517 
 workhouse school, by inspector of Local Government Board, 595 
 
 INSPECTORS 
 
 of Board of Education : H.M. Inspector, definition of, 202 
 blind and deaf children, schools for, 391 
 certificate of proficiency, examination for, 549, 635 
 certified efficient schools, 545, 547 
 defective and epileptic children, schools for, 440, 571 
 home lessons, duty as to, 214-5 
 
 public elementary school to be open to, 207 ; inspection 
 of, 640 
 
 3 B
 
 730 INDEX. 
 
 INSPECTORS continued. 
 of Board of Education 
 
 punishment of children, instructions as to, 213 
 religious instruction in schools, duties with respect to, 
 
 207, 209, 210, 250-1 
 secondary schools, inspection of, 451-2 ; for purpose of 
 
 register of teachers, 667 
 time-table in public elementary schools, approval of, 
 
 208-10, 250-1, 637 
 
 inspectors of returns, appointment, duties, &c., of, 268 
 of Home Office : factories and workshops, inspectors of, duty of, as 
 to enforcing law as to employment of children, 313 ; 
 inspection of theatres, &c., in which children employed, 
 517 ; powers, &c., of, as to employment of children in 
 factories, &c., 505-6 
 
 industrial schools : for day industrial schools, appointment 
 of, 603 ; consent of, to appointment of schoolmaster, &c., 
 600, 629 ; duty of, as to certificates of proficiency, &c., 
 615 ; as to conditions of parliamentary grant, &c., 614 ; 
 returns to, 600 ; payment to, of contributions of parents 
 under Youthful Offenders Act, 520 
 
 mines, inspectors of, duty of, to enforce law as to employ- 
 ment of children, 313 ; inspection of registers of children 
 employed in, 509-10 
 of Local Government Board, 
 
 payment in respect of salary of, as cost of local inquiries, 165 
 powers of inspector for purpose of local inquiry, 166 
 school inspectors, examination for certificates of proficiency, 
 552 ; inspection of workhouse school, 595 
 
 INSTITUTIONS 
 
 schools attached to, power of education authority to maintain, 122 
 parliamentary grant to, 122 
 
 INSTRUCTION 
 
 elementary, limit of age of scholars for, 160 
 
 religious. See RELIGIOUS INSTRUCTION. 
 
 secular, in non-provided schools, control of by education authority, 
 
 91 ; directions of education authority as to, 98, 101 
 interest of, to be had regard to in deciding as to necessity of 
 
 school, 1 08 
 
 INTEREST 
 
 on loans raised without legal authority : illegality of payment of, 
 150 
 
 INTERPRETATION OF TERMS 
 
 annual grant, 636 borough, 202, 203 
 
 appointed day, 1 68, 177 canal, 513 
 
 attendance, 357,551,593,601, canal boat, 5 1 3 
 
 634 certificate, 428 
 
 attendance order, 320 certificate of proficiency, 549 
 
 average attendance, 635 certificated teacher, 428 
 
 blind child, 395, 398 ~ certified efficient school, 352, 
 elementary education, 398 504, 551 
 
 expenses, 399 certified industrial school, 327 
 
 foster-parent, 565 certified school for blind and 
 maintenance, 399 deaf, 391 
 
 Board of Education, 445 Code of 1876. .357
 
 INDEX. 
 
 731 
 
 INTERPRETATION OF TERMS ;#*. 
 
 college, 167 
 
 common fund, 307 
 
 day industrial school, 333, 603 
 
 deaf child, 395, 398 
 
 elementary education, 398 
 
 expenses, 399 
 
 foster-parent, 565 
 
 maintenance, 398 
 defective child, 433, 443 
 deferred annuity fund, 417 
 disablement allowance, 413 
 duties, 167 
 Education Code, 428 
 Education Department, 202, 
 
 368 
 elementary education (of 
 
 blind and deaf), 398 
 elementary school, 160, 202 
 epileptic child, 433, 443 
 fee grant, 374 
 foundation managers, 112 
 guardians, 306, 595 
 His Majesty's Inspector, 202 
 hostels, 85 
 
 industrial school, 252 
 infectious disease, 538 
 laundries, 505 
 liabilities, 167 
 
 local education authority, 81 
 local rate, 193, 404 
 managers, 202 
 
 members of school board, 193 
 Metropolis, 202 
 minor local authority, 166-7 
 owner, 233 
 parent, 202, 508 
 parish, 202, 203 
 parliamentary grant, 203 
 
 person, 202 
 
 population, 162 
 
 powers, 167 
 
 property, 167 
 
 public elementary school, 206 
 
 public school accommoda- 
 tion, 205 
 
 ratepayer, 202 
 
 recognized efficient school, 
 504 
 
 recognized school, 663 
 
 recorded service, 408 
 
 school (for blind and deaf), 
 
 398 
 (for defective and epileptic), 
 
 444 
 
 school board, 193 
 
 school district, 193 
 
 school fund, 193 
 
 schoolhouse, 202 
 
 School Sites Acts, 297 
 
 school year, 384 
 
 Secretary of State, 352 
 
 special county purpose, 492 
 
 standard of previous due 
 attendance, 355 
 
 standard of proficiency, 355 
 
 teacher, 202 
 
 technical or industrial insti- 
 tution, 525 
 
 Technical Instruction Acts, 
 194 
 
 trust deed, 167, 679 
 
 union, 307, 595 
 
 vestry, 202 
 
 voluntary school, 404 
 
 workhouse school, 593, 595 
 
 young person, 508, 522 
 
 JUSTICES 
 
 adjudication by, when members of local authority, 281-3 
 order for entry of officer to place where child employed, 342 
 summons for production of child, 305 
 
 See also COURT OF SUMMARY JURISDICTION. 
 
 LABOUR CERTIFICATE 
 
 regulations of Board Education as to, 551 ; forms of, 554-7 
 
 LABOURING CLASS 
 
 statement as to houses occupied by, on lands to be acquired under 
 provisional order, 233 
 
 LAND 
 
 FOR PUBLIC ELEMENTARY SCHOOLS. 
 
 education authority, power to purchase or take on lease land or 
 right over land, 219-20
 
 732 INDEX. 
 
 LAND contin ued. 
 
 education authority, compulsory acquisition of, by, 229-40 ; com- 
 pensation for, mode of assessing, 232 ; easement over, 
 right to, of adjoining owner, 237 ; injuriously affecting 
 other lands, 238 ; labouring class houses on, 233 ; right 
 of way over, 233 
 
 conveyance, form of, under School Sites Acts, 476-7 
 
 exchange of, 240-1 
 
 gifts of, power to accept, 299 ; application of Mortmain Acts, 
 161-2 
 
 Lands Clauses Consolidation Acts applied, 229, 301 
 
 leasing of, by authority, 240-1 ; power to take on lease, 219-20 
 
 purchase, power to, 219-20 
 
 right over land, power to purchase or take on lease, 219-20 
 
 sale of, 240-1 
 
 School Sites Acts applied, 232 ; provisions of, 471 
 
 tithe rent-charge on lands for schools, redemption of, 220 
 managers of non-provided schools : 
 
 acquisition of, by agreement, 240 
 
 Lands Clauses Consolidation Acts as to purchase by agree- 
 ment applied, 240 
 
 Mortmain, &c., Acts, application of, 161 
 
 School Sites Acts applied, 240 ; provisions of, 471 
 
 FOR TECHNICAL AND INDUSTRIAL INSTITUTIONS. 
 
 exchange of lands, 527 
 
 Lands Clauses Acts as to purchase by agreement applied, 526 
 
 Mortmain Acts, application of, 528 
 
 purchase of lands, 526 
 
 sale of lands, 527 
 
 LANDS CLAUSES ACTS 
 
 incorporation of, for purchase of land for public elementary 
 schools by education authority, 229, 232, 301 ; by 
 managers of non-provided schools, 240 
 purchase of land for technical and industrial institutions, 526 
 
 LAUNDRIES 
 
 application to, of provisions of Factory Act as to education, &c., 
 of children, 504-5 
 
 LEASE 
 
 of land or schoolhouse by education authority, 240-1 
 taking on lease land or right over land, 219-20 
 
 LEGAL PROCEEDINGS. See also COURT OF SUMMARY JURISDIC- 
 TION ; PENALTIES. 
 
 adjudication by justices who are members of local authority 
 interested, 281-3 
 
 age of child, proof of, 305 
 
 attendance order, proceedings for, 319-20; non-compliance with, 
 323-4 
 
 attendances, school, proof of, 305 
 
 appearance in, of education authority, 291 ; of persons proceeded 
 against for breach of bye-laws, 305 
 
 Board of Education, proof of orders, documents, &c., of, 289, 351, 
 455 ; Documentary Evidence Act applied, 289
 
 INDEX. 733 
 
 LEGAL PROCEEDINGS continued. 
 
 bye-laws, for offences under, 271, 304-5, 364. See also BYE-LAWS. 
 
 costs in, 280 
 
 Day Industrial Schools Order, proceedings under, 620-1 
 
 directions for, 193, 345 
 
 distress warrants, 148, 281, 327 
 
 education authority, directions for, to officers, 193, 345 ; duty of, 
 
 to take, 329 
 employment (illegal) of child, 344 ; under Factory Act, 507-8. 
 
 See also EMPLOYMENT OF CHILDREN. 
 forgery of certificates, &c., 306, 344, 507 
 fraudulently obtaining remission of fees, &c., 344 
 industrial school, proceedings for order for child to be sent to, 
 
 253, 323-4, 520 ; duty of education authority to take, 
 
 329. See also CERTIFIED INDUSTRIAL SCHOOL ; DAY 
 
 INDUSTRIAL SCHOOL. 
 mandamus, enforcement of duties of education authority by, 122-4, 
 
 194, 363-4 
 members of school boards, adjudication by, on school board 
 
 summons, 281-2 
 
 offence against both bye-law and statute, 280, 353, 364 
 order of court, proof of, 326 
 penalties, collection of, by police, 281 ; recovery of, 293, 304. See 
 
 also PENALTIES. 
 production of child in, 305 
 proof of age of child, 305 ; attendance at school, 305 ; attendance 
 
 order, 617 ; efficiency of school attended, 305 ; minutes 
 
 of education committee, 171 ; of managers, 173 ; order 
 
 of detention in industrial school, 617 ; service of notices, 
 
 certificates, documents, &c., 288 
 regulations as to, 304-5, 344 
 summons, service of, by police, 281 
 time for commencing action under Public Authorities Protection 
 
 Act, 173, 183 
 Youthful Offenders Act, under, 518 
 
 LIABILITIES 
 
 Blind and Deaf Children Act, transfer and charge of liabilities 
 
 under, 176 
 
 councils relinquishing powers, transfer of, on, 174 
 Defective and Epileptic Children Act, transfer and charge of 
 
 liabilities under, 176 
 definition of, 167 
 
 school attendance committees, transfer of, 174 
 school boards, transfer of, 174 
 
 provision in case of loans to, by council who are education 
 
 authority, 176 
 Technical Instruction Acts, charge of liabilities under, 175 
 
 LICENCE 
 
 day industrial school : exempting child from attendance at, 626 
 employment of child in theatres, &c., 516-7 
 industrial school : for child to live out of, 330 
 
 LITERARY AND SCIENTIFIC INSTITUTIONS ACT 
 
 institutions under, arrangements for transfer to education authority, 
 
 5 2 3
 
 734 INDEX. 
 
 LOAN 
 
 allowance of school fees by guardians by way of, 319, 587 
 
 LOANS. See also BORROWING. 
 
 Blind and Deaf Children Act, loans under, transferred, 176 
 
 borrowing powers of councils, effect on, of loans transferred, 175 
 
 councils relinquishing powers under Education Act, loans trans- 
 ferred, 174 
 
 Defective and Epileptic Children Act, loans under, transferred, 
 176 
 
 expenses for, to be included in expenses for calculation of aid 
 grant, 112 
 
 non-provided schools transferred to education authority, loans on, 
 
 247, 250 
 re-transfer to managers, provision as to loans, 251 
 
 Public Works Loan Commissioners, loans by, 152-6. See PUBLIC 
 WORKS LOAN COMMISSIONERS. 
 
 repayment of, by county council, 492 ; by other councils, 495 
 receiver, appointment of, 497 
 
 school boards, loans to, by council succeeding them, 176 
 
 transfer of loans of, 174 ; charge to parish in area of county 
 council in respect of loans transferred, 139 
 
 Technical Instruction Acts, charge of loans under, 175 
 
 LOCAL ACTS 
 
 expenses of borough council for purpose of Education Acts under, 
 140, 149 
 
 order of Local Government Board for adaptation of, 194 
 
 pension schemes of local authorities under, admission of trans- 
 ferred officers to, 185 
 
 property rights, &c., of council relinquishing powers transfer to 
 
 education authority, 174 
 
 school boards or school attendance committee under, transfer 
 to education authority, 174 
 
 LOCAL AUTHORITIES (EXPENSES) ACT, 1887.- 147, 467 
 
 LOCAL EDUCATION AUTHORITY. See also COUNTY BOROUGH 
 COUNCIL ; COUNTY COUNCIL ; NON-COUNTY BOROUGH 
 COUNCIL ; URBAN DISTRICT COUNCIL. 
 accounts of borough council, keeping and audit of, 140, 143-9 
 Blind and Deaf Children Act, school authority under, 92, 390 
 borough, council of, as, 81-2 
 bye-laws, making of, 270 ; by county council as education 
 
 authority, 193. See also BYE-LAWS, 
 certificate of, as to age of child, 341, 549 ; for purpose of Factory 
 
 Act, 500 
 
 school attendance of child on canal boat, 512 
 combination of, for purpose relating to elementary schools, 265 
 committee (education), appointment of, by, 125 ; joint committee, 
 
 appointment of, 126. See EDUCATION COMMITTEE. 
 conferences of, 405 ; regulations of Board of Education as to, 406 
 contribution by, to 
 
 blind or deaf children, schools for, 388 
 charities, cost of inquiries as to, 300 
 conferences, expenses of, 405-6 
 defective and epileptic children, schools for, 436
 
 INDEX. 735 
 
 LOCAL EDUCATION AUTHORITY continued. 
 contribution by, to 
 
 industrial schools, 252, 255, 521 ; borrowing for, 361 ; dis- 
 posal of child sent to, 460, 521 ; intention to contribute, 
 notice of, 301, 522 ; maintenance of child under remand, 
 pending order for sending to, 520 
 secondary schools, cost of inspection of, 452 
 control of secular education in non-provided schools, 91, 98 ; of 
 
 expenditure in public elementary schools, 98 
 conveyances, provision of, for taking children to school, 161, 439 
 county borough, council of, as, 81 
 county councils as, 81 ; councillors for divisions comprising 
 
 boroughs and urban districts, non-voting of, 161 
 Defective and Epileptic Children Act, school authority under, 92, 
 
 433 
 definition of, for purpose of elementary education, 81 ; higher 
 
 education, 81 
 disqualification of members : temporary provision as to, 178 ; of 
 
 teachers as members, 162, 164-5 
 duties of, under Education Acts enforcement of performance of, 
 
 122-4, 194, 363 
 
 duty of, as to attendance order, proceedings for, 320 ; on dis- 
 obedience to, 323 
 blind and deaf children, provision of education for, 387-8 ; 
 
 contribution by parents, 395 
 
 bye-laws as to school attendance, enforcement of, 339 ; direc- 
 tions to officers for, 342 ; making of, 363 ; enforcement 
 of duty to make, 194, 363 
 committee (education), appointment of, 125 ; making of 
 
 scherne for, 125-7 
 
 defective and epileptic children, examination of, 433, 436 
 elementary schools (public), maintaining and keeping efficient, 
 
 98 
 
 employment of children, enforcement of law as to, 313 ; 
 assisting inspectors of factories and mines in enforcing 
 law, 313 ; publishing notice of exemption from, 315 
 free schools, provision of, 193, 383 
 higher education, 84 
 industrial schools, proceedings for sending child to, 329 ; 
 
 orders for contribution by parents, 334 
 
 religious instruction in bchoois, reporting to Board of Educa- 
 tion infractions of law, 313-4 
 returns to Board of Education, 266, 294, 444 
 school accommodation (public), provision and maintenance 
 of, 123, 218 ; do. without payment of fees, 193, 383 ; 
 enforcement of duty, 122-3 
 school attendance committee, duties of, transferred to, 91, 
 
 177 
 
 school board, duties of, transferred to, 91, 177 
 education committee, appointment, &c., of, 125. See EDUCATION 
 
 COMMITTEE. 
 
 elementary education, education authority for, 81-2. 
 endowments, trustees for, constitution of, as, 299 ; transfer to, 
 
 243, 248. See ENDOWMENTS. 
 enforcement of duties of, 122-4, J 94> 363 
 exemption by, from prohibition of employment of children, 315
 
 736 INDEX. 
 
 LOCAL EDUCATION AUTHORITY continued. 
 expenses of, for 
 
 adjustments, 191 
 
 compensation to officers, 186 
 
 industrial school, conveying child to and from, 328, 460 
 
 medical certificate of illness of child, 277 
 
 members, &c., attending conferences, 405-6 
 
 returns by registrars of births, &c., 341 
 
 under Blind and Deaf Children Act, 390, 395 ; denned, 
 399 ; under Defective and Epileptic Children Act, 441 
 defraying of, by council of borough, 139, 140 
 
 council of county, 139 ; charge of, to particular areas of 
 county for higher education, 139 ; elementary edu- 
 cation, 139; schools for blind and deaf or defective 
 and epileptic children, 176 
 
 urban district council, 139, 343. See also EXPENSES. 
 fees (school), bye-laws for remission of, 270 ; provision of schools 
 
 without payment of, 193, 383 
 non-provided schools, power as to fees in, 121-2 
 payment of fees of students, 161. See HIGHER EDUCATION. 
 funds available to, after appointed day, 140-1 
 grouping of schools, 95, 119 
 
 guides, provision of, for children attending school, 439 
 higher education, authority for, 81. See HIGHER EDUCATION, 
 industrial schools. See CERTIFIED INDUSTRIAL SCHOOL ; DAY 
 
 INDUSTRIAL SCHOOL. 
 inspection of non-provided schools, 98 
 institutions in which children boarded, schools attached to, 
 
 powers as to, 122 
 joint managers for public elementary schools, appointment of, 
 
 265 ; for industrial schools, 461 
 lands, purchase of, 219-20 ; compulsorily, 229-40; under School 
 
 Sites Acts, 232, 471 
 
 sale or exchange of, 240-1. See also L-AND. 
 legal proceedings, appearance of, in, 291 ; directions for, by 
 
 education committee, 193, 345 
 loans transferred to. See LOANS. 
 
 local taxation (customs and excise) grant, application of, 84, 175 
 managers, appointment of, for provided schools, 95 ; non-provided 
 
 schools, 95 ; directions as to proceedings, &c., of, 173 ; 
 
 right to inspect minutes of, 173. See also MANAGERS. 
 marine schools, powers as to, 122 
 
 members, disqualification of, temporary provision as to, 178 
 municipal charters, schemes for, effect as to education authori- 
 ties, 367-371 
 non-county borough, council of, as, 81-2 ; relinquishment of 
 
 powers, &c., by, 157; transfer of officers on, 181, 186; 
 
 of property, &c., 174 
 officers, appointment of, 258 ; assigning duties to, 259 ; directions 
 
 to, for execution of bye-laws, &c., 342 ; for taking legal 
 
 proceedings, 193, 345 
 transfer of, to, 181 ; abolition of office of transferred officers, 
 
 181 ; compensation to, 181-191. See also COMPENSA- 
 TION ; OFFICERS. 
 parliamentary grants, limit of, 109 ; payment of, to, 139-141. 
 
 See PARLIAMENTARY GRANTS.
 
 INDEX. 737 
 
 LOCAL EDUCATION AUTHORITY continued. 
 
 pension schemes of, admission of transferred officers to, 185 
 receipts in respect of school, payment of, to, 139-40 
 recovery of premises held by dismissed teacher, 292, 480 
 relinquishment of powers and duties by councils of non-county 
 
 boroughs and urban districts, 157 ; incidental provisions 
 
 on, 174, 177, 181, 186 
 representation of, on governing body of school for blind and deaf, 
 
 389 
 
 returns by, to Board of Education, 267, 294., 444 
 returns to, of births and deaths of children, 341 
 
 school attendance, 303 
 scholarships, powers as to, 161 
 schools (new), provision of, 107-8 
 
 transfer to, of, 108, 241-3 ; re-transfer of, 108, 252 
 schemes for appointment of education committees, making, &c., 
 of, 125. See EDUCATION COMMITTEE. 
 
 for municipal charters, effect on education authorities, 367- 
 
 371 
 
 school attendance committees, property, &c., of, transferred to, 174 
 school boards, property, &c., of, transferred to, 174 
 Scilly Islands, authority for, 168 
 superannuation schemes of, admission of transferred officers to, 
 
 185 
 teachers in non-provided schools : consent to appointment, 98 ; 
 
 to dismissal, 98-9 ; pupil teachers, appointment of, 99- 
 
 100 ; disqualification for membership of authority, 162, 
 
 164-5 
 in provided schools, appointment and dismissal of, 258 ; 
 
 salaries of, 258, 261 ; transfer to education authority of, 181 
 training of, powers as to, 160 
 travelling expenses of, payment of, 161 
 trustees of educational endowments, &c., constitution of, as, 299- 
 
 300 
 urban district, council of, as, 81-2 ; relinquishment of powers, &c., 
 
 by, 157 ; incidental provisions on, 174, 177, 181, 186 
 
 LOCAL GOVERNMENT ACT, 1888 
 
 provisions of, as to 
 
 audit of accounts, 144 ; stamp duty on financial statements, 
 
 149 ; application of, 140 
 
 borrowing by county councils, 491-3 ; application of, 149 
 compensation to officers, 189 ; application of, 185 
 definitions of "powers," "duties," "property," "liabilities," 
 
 application of, 167 
 
 disqualifications of members, 129-30 
 inquiries by Local Government Board, 165 ; application of, 
 
 162 
 
 LOCAL GOVERNMENT ACT, 1894 
 
 provisions of, as to adjustments, 191 ; application of, 191 
 
 disqualification of members, 130; application to members of 
 
 education committee of urban district council, 126, 130 
 transitory provisions, 177-8 ; application of, 177 
 use of rooms in public elementary schools, 223
 
 738 INDEX. 
 
 LOCAL GOVERNMENT BOARD. See also INSPECTORS ; REGU- 
 LATIONS. 
 
 adjustments, sanction to application of capital sums received 
 under, 191 ; to borrowing for, 191 ; to period of termin- 
 able annuities for, 191 ; to payment out of special funds, 
 191 
 advances by Public Works Loan Commissioners, powers and 
 
 duties in case of, 155, 156 
 
 appeals to, against disallowances, &c., by auditors, 145-8 
 birth certificates, form of requisition for, 340, 506 ; order as to, 
 
 581 
 
 births and deaths of children, form of return, 341 
 borrowing by councils for purposes of Education Act, sanction to, 
 in case of councils of boroughs and urban districts, 
 149-51,494 ; county councils, 149-51,491 ; to periods for 
 loans, 152 
 
 payments under adjustments, 191 
 schools for blind and deaf children, 194, 390 
 schools for defective and epileptic children, 194, 444 
 canal boats, registration of, regulations as to, 513 
 circulars, regulations, &c., of. See REGULATIONS. 
 closure of schools in case of epidemics, memorandum as to, 537 
 decisions of questions on appeal from auditors, &c. : 
 
 attendance cards, payment to teacher for filling up, 349-50 
 
 candidates for appointments, expenses of, 263 
 
 cost of preparing appeal against auditor's decision, 147 
 
 gratuities to officers, 261 
 
 medical certificate of illness of child, duty of district medical 
 
 officer as to, 277 ; payment for by school board, 277 
 prizes in public elementary schools, 221 
 salaries of officers of school boards, 261 
 
 school fees, liability of teacher for loss by non-payment of, 218 
 treasurer of school board, remuneration of, by commission, 261 
 expenses of local authorities, effect of sanction of, 147, 467 
 
 school boards, sanction to expenses of non-elementary schools 
 
 and classes, 465-6 
 inquiries by, in sanctioning loans, 151 ; for other purposes of 
 
 Education Acts, 165 
 provisions applicable to, 162, 165-6 
 use of schoolrooms for, 223 
 inquiry officers of guardians, regulations as to appointment, &c., 
 
 of, 584 
 loans to school boards by council superseding them : orders as 
 
 to, 176 
 
 local acts, orders for adaptation of, 194 
 pay clerks of guardians, regulations as to, 587 
 periods for loans, sanction to : in case of councils of boroughs and 
 
 urban districts, 152, 495 ; county councils, 152, 492 
 general principles for determining periods, 152 
 Poor Law Officers' Superannuation Act, order for application of, 
 
 to transferred officers, 185 
 
 rate for higher education in county : consent to increase of, 84 
 rate in the pound, regulations for estimating amount of, 161 
 relief to parents for payment of school fees, 347-8 
 school boards, loans to, by councils superseding them : orders as 
 
 to, 176
 
 INDEX. 739 
 
 LOCAL GOVERNMENT BOARD continued. 
 
 school fees of non-paupers, order as to payment of by guardians, 
 
 583 
 
 workhouse school: certification of, as certified efficient school, 
 352-3 ; definition of attendance at, 357 ; order as to, 
 592 ; registers of, order as to, 594 
 
 LOCAL RATE. See also RATE. 
 
 construction of references to, 193 
 
 substitution for, in enactments applying, &c., Elementary Educa- 
 tion Acts, 194 
 
 LOCAL TAXATION (CUSTOMS AND EXCISE) ACT 
 
 residue under, application of, to higher education, 84, 86 ; of un 
 expended balance of, 175 
 
 LONDON GOVERNMENT ACT, 1899 
 
 cases as to compensation to officers under, 182-3, 186 
 
 LONDON SCHOOL BOARD 
 
 schools and classes for non-elementary instruction : temporary 
 
 provision as to, 169 
 superannuation scheme of, 185 
 
 MAINTENANCE 
 
 of public elementary schools, duty of education authority as to, 98, 218 
 enforcement of duty, 122-4 
 
 MANAGERS 
 
 . accounts of, 140 ; audit of, 140 
 appointment of, 95 ; for grouped schools, 119-20; of joint body 
 
 by combined education authorities, 265 
 defective and epileptic children, of schools for, 572 
 definition of, 202 
 
 chairman of, 173 ; casting vote of, 173 
 grouping of schools under one body of, 95, 119-20 
 increase of, 95, 97 
 
 joint body of, by combined education authorities, 265 
 meetings of, 173 
 minor local authority, definition of, 166 ; appointment by, 95 ; 
 
 in case of grouped schools, 119; joint appointment by, 167 
 minutes of, 173 ; open to inspection by education authority, 173 
 proceedings, regulation of, 173 ; invalidation of, 173 
 quorum of, 173 
 removal of, 173 
 of schools for science and art, &c. definition of, 523; power to 
 
 transfer school to education authority, &c., 523 
 women, qualification for appointment as, 162 
 
 FOR NON-PROVIDED SCHOOLS. 
 
 aid grant, payment of, for period before appointed day, 179 
 assistant teachers, appointment of, 98-100 ; religious creed of, 
 
 99-100 
 
 associations of voluntary schools, payment of aid grant to, 179 
 circular of Board of Education as to constitution, c., of, 688
 
 740 INDEX. 
 
 MANAGERS continued. 
 
 determination by Board of Education of questions between 
 managers and education authority as to endowments, 
 1 20 ; grouping of schools, 119 ; management of schools, 
 appointment of teachers, &c., 99, 105 ; school fees, 
 apportionment of, 122 
 
 discontinuance of school by, 117, 241, 679 
 
 education authority, consent of, to appointment and dismissal of 
 
 teachers, 98 
 
 control by, of expenditure of school, 98 ; of secular educa- 
 tion, 91 
 directions of, as to secular instruction, 98 ; teachers number, 
 
 qualification, dismissal, &c., 98-9 
 inspection of school, 98 
 pupil teachers, appointment of, 100 
 school fees, powers as to, 121-2 
 
 endowments, income of, 120-1 ; memorandum of Board of Edu- 
 cation, 685 ; transfer of, to education authority, 243 ; 
 re-transfer of, to managers, 25 1 
 
 fees (school), apportionment of, 121-2 
 
 foundation managers, appointment of, 112; number of, 95; 
 qualification of, 1 13. See also FOUNDATION MANAGERS. 
 
 grouped schools, managers for, 119-20 
 
 income, sources of, 104 ; formation of common fund memo- 
 randum of Board of Education, 689-90 
 
 information, furnishing of, to education authority before appointed 
 day, 181 
 
 inspection of school by education authority, 98 ; by inspector 
 other than H.M. Inspector, 287 
 
 land, acquisition of, by, 240. See also LAND. 
 
 management, powers of, 100 
 
 Mortmain, &c., Acts, application of, 161, 164 
 
 parliamentary grant, conditions of, power to fulfil, 296 ; payment 
 of, in respect of period before appointed day, 179 ; special 
 condition of, 99 
 
 power of, to fulfil conditions, perform duties, &c., under Education 
 Act, 193, 296 
 
 privately owned school managers in case of, 116 ; memorandum 
 of Board of Education, 681-3 
 
 pupil teachers, appointment of, 99-100 ; religious creed of, 99-100 
 
 qualification of, provisions of trust deed as to, 113 
 
 receipts by education authority for purposes of managers, 139, 143 
 
 religious instruction. See RELIGIOUS INSTRUCTION. 
 
 removal of, 173 
 
 repair of schools by, 99, 103 ; formation of common fund for 
 circular of Board of Education as to, 689-90 
 
 resignation of, 173 
 
 returns by, as to school accommodation, &c., 267, 268 ; school 
 attendance, 303 
 
 schools, rating of, 403 
 
 furniture in, use of, by education authority, 181 ; by managers 
 out of school hours, 99 
 
 schoolhouse, provision of, by, 99 ; repair, &c., of, 99, 103, 689 
 rooms in, use of by education authority, 99, 104 
 
 teachers, appointment of, 98-100 ; dismissal of, 98-100 ; number 
 and qualification of, 98
 
 INDEX. 741 
 
 M ANAGERS continued. 
 
 transfer of school to education authority, 108, 241 ; re-transfer 
 of, to managers, 251. See also PUBLIC ELEMENTARY 
 SCHOOLS. 
 
 trust deed, provisions as to appointment of managers, 112-4; 
 order of Board of Education as to, 113; revocation or 
 variation of, 113-4; subject to power of managers to 
 fulfil conditions of Education Act, 193 ; of parliamentary 
 grant, 296 
 
 memorandum of Board of Education, 678 ; form of interim 
 order, 691 
 
 FOR PROVIDED SCHOOLS. 
 
 appointment of, where education authority is borough or district 
 
 council, 95 ; county council, 95 
 directions of education authority as to proceedings, quorum, &c., 
 
 173 
 joint body of managers, in case of combination of education 
 
 authorities, 265 
 powers, &c., of, determination of, by education authority, 173 
 
 MANDAMUS 
 
 enforcement by, of order of Board of Education for fulfilment of 
 duty by education authority, 122-4; of duty of making 
 bye-laws, 194, 363 
 
 of order of Local Government Board as to application of 
 advances by Public Works Loan Commissioners, 155 
 
 MEDICAL CERTIFICATES 
 
 . defective and epileptic children, form of, 435 
 illness of child, duty of district medical officer to furnish, 277 
 
 payment for, by education authority, 277 
 teachers, for purposes of certification, 409 
 
 disablement allowance, 414-5 
 
 payment of superannuation, &c., allowances, 426 
 
 MEDICAL OFFICER 
 
 appointment of, by school boards, 259 
 
 for inspection of defective children, 434-5, 572 
 
 MEETINGS 
 
 of education committee, 1 7 1 
 
 managers, convening of, 173 ; holding of, 173 
 slanderous statements at meetings of local authorities, liability 
 for, 172 
 
 METROPOLIS 
 
 definition of, 202 
 
 METROPOLITAN COMMON POOR FUND 
 
 relief by guardians to enable child to attend school, a charge on, 
 347, 350 
 
 MINES 
 
 inspectors of, enforcement by, of law as to employment of children 
 
 in, 313 
 provisions as to children employed in, 509-511
 
 742 [INDEX. 
 
 MINOR LOCAL AUTHORITY 
 
 appointment of managers by, in case of non-provided schools, 95 ; 
 
 provided schools, 95; for grouped schools, 119; joint 
 
 appointment by, 167 
 definition, 166 
 notice to, of inquiry as to endowments, 120 
 
 MINUTES 
 
 of education committee, 171 ; proof of, 171 
 
 of managers of public elementary schools, 173 ; proof of, 173 ; right 
 
 of education authority to inspect, 173 
 liability of printers of minutes for libellous statements in, 172 
 
 MORTGAGE 
 
 form of, under Public Health Act, 496, 498 
 
 register of, 496 
 
 transfer of, form of, 498 ; provisions as to, 496-7 
 
 MORTMAIN AND CHARITABLE USES ACTS 
 
 application of, to gift of lands for elementary schools, 161, 164 
 to lands for technical and industrial institutions, 528 
 
 MUNICIPAL BOROUGH. See BOROUGH, MUNICIPAL. 
 
 MUNICIPAL CORPORATIONS ACT 
 
 provisions of, as to 
 
 charters for municipal boroughs, 369-370 ; schemes for, pro- 
 visions of, as to education areas, &c., 368 
 disqualification of members, 129-30 ; application of, to 
 
 members of education committee, 126, 130 
 schemes under, modification and adaptation of, 194 
 provisions of, as to educational areas, 368 
 
 NATIONAL SOCIETY 
 
 objections of, in case of transfer of school to education authority, 
 
 245-7 
 trust deeds of schools of, 115, 118 
 
 NEWSPAPER 
 
 proprietors, &c., of, not disqualified for membership of council by 
 reason of advertisements in, 130. See also ADVERTISE- 
 MENT. 
 
 NON-COUNTY BOROUGH COUNCIL. See also LOCAL EDUCATION 
 
 AUTHORITY. 
 
 accounts under Education Act, 140 ; provisions as to audit of, 143-9 
 borrowing by, for purpose of Education Acts, 149-157. See also 
 
 BORROWING. 
 
 county councillor for borough, voting by, 161 
 disqualification of members, temporary provision as to, 178 
 education authority for elementary education, conditions of, 81-2, 
 
 162. See also PUBLIC ELEMENTARY SCHOOLS. 
 education committee, appointment of, 125 ; scheme for, 125-7 
 expenses of, 139, 140 ; limit of, for higher education, 88, 161 
 
 county council expenses for elementary education, where 
 
 borough council are education authority, 139 
 higher education, powers of, as to, 88. See also HIGHER EDUCA- 
 TION.
 
 INDEX. 743 
 
 NON-COUNTY BOROUGH COUNCIL continued. 
 
 loans to school board, order of Local Government Board as to, 176 
 local acts, adaptations of, 194 
 
 management of schools, &c., outside area, arrangements for, 157 
 managers of elementary schools, appointment by, as education 
 authority, 95 ; as minor local authority, 95, 166-7 >' m 
 case of grouped schools, 119; joint appointments, 167. 
 See also MANAGERS. 
 
 minor local authority, inclusion in definition of, 166 
 relinquishment of powers, &c., 157 ; power of education authority 
 to levy rate in borough in case of, 89, 668 ; transfer of 
 officers on, 181, 186 ; of property, &c., on, 174, 177 
 
 NON-PROVIDED SCHOOLS (i.e. public elementary schools not pro- 
 vided by the local education authority). See LOCAL 
 EDUCATION AUTHORITY ; MANAGERS ; PUBLIC ELK- 
 MENTARY SCHOOLS. 
 
 NOTICES. See also ADVERTISEMENT. 
 
 authentication of, in case of Board of Education, 289, 455 ; educa- 
 tion authority, 288 
 accounts, deposit and audit of, 144 
 accounts of managers of schools, publication of, 645 
 audit, notice of, 144 
 
 bye-laws, deposit of, 271 ; mode of publishing notice of, 279 
 charge to parish of expenses of college for higher education, 139 
 closing of schools in case of epidemics, 543, 644-5 
 employment of child, exemption from prohibition of, 315 
 foundation managers, order for appointment of, 113, 683 
 guardians, officers of, duty as to publishing, 302 ; expenses of, 
 
 302-3 
 industrial school, intention of education authority to contribute 
 
 to, 301, 522 
 
 injuring, defacing, &c., penalty for, 302 
 inquiry as to endowments, 120 ; as to provisional order for scheme 
 
 for education committee, 159 
 new elementary schools, proposal to provide, 107 
 non-provided school, inspection by inspector other than H.M. 
 
 Inspector, 287 
 
 overseers, duty of, as to publication, 302 
 proof of, 288-9, 456 
 provisional order for acquisition of land, application for, 229 ; 
 
 publication of, 229, 233 ; service of, 229 
 for scheme for appointment of education committee, notice 
 
 of local inquiry as to, 159 ; of purport of order, 159 
 publication of, 229, 302-3 ; expenses of guardians in, 302-3 
 report of inspector on public inquiry by Board of Education, 
 
 deposit of, 269 
 service of, 288 
 trust deeds, applications for alteration, &c., of, 113, 683 
 
 OFFENCES. See LEGAL PROCEEDINGS ; PENALTIES. 
 
 OFFICERS. See also TEACHER. 
 
 appointment of, by Board of Education, 455 ; for inquiries, 268-9 '> 
 for making or inspecting returns, 268, 302
 
 744 INDEX. 
 
 OFFICERS continued. 
 
 appointment of, by education authority, 258-264, 267 ; by autho- 
 rities in combination, 259 
 
 bribery of, 264 
 
 candidates for appointment, expenses of, 263 
 
 clerk to school board, disqualification for office of guardian, 263-4 
 
 compensation when office abolished, &c., 181-190. See also 
 COMPENSATION. 
 
 conduct of, in elections, 264 
 
 education authority, disqualifications for membership of, 129-136, 
 162 
 
 education committees, qualification for membership of, 126, 129- 
 '136, 162 
 
 enforcement of bye-laws as to school attendance, for, 264 ; of law 
 as to employment of children, 342 ; directions to, 342, 
 
 345, 193 
 
 entry, power of, 342 
 
 gratuities to, 261 
 
 guardians, officers of, duty of, as to publishing notices, 302 
 
 inquiry officers of guardians, regulations of Local Government 
 Board as to, 584-91. See also INQUIRY OFFICERS. 
 
 inspectors of returns, 268 
 
 legal proceedings, directions for, 345, 193 
 
 medical officers of school boards, 259 ; for examination of 
 defective, &c., children, 434-5, 572 
 
 members of councils, temporary provision as to disqualification 
 of officers who are, 178 
 
 quo warranto as to, 259-260 
 
 relinquishment of powers by councils, transfer of officers on, 181, 
 1 86 
 
 removal of, 258 
 
 returns, officers for, 267 
 
 salaries of, 258 ; question of exorbitance of, 261 
 
 school attendance committees, officers of, transfer to education 
 authority, 181 
 
 school boards, officers of, transfer to education authority, 181 
 
 teachers. See TEACHER. 
 
 tenure of office of, 258 ; in case of transferred officers, 183-4 
 
 transfer of, to education authority, 168, 181 
 abolition of office, 181 
 
 compensation, 184; provisions applicable, 185-190 
 pension scheme of education authority, admission to, 185 
 Poor Law Officers Superannuation Act, application of, 185 
 remuneration, 184 
 tenure of office, 184 
 
 voluntary schools, officers of, 182 
 
 OFFICES 
 
 liability to income-tax of offices of school board, 227 
 
 ORDER. See also REGULATIONS. 
 
 advances by Public Works Loan Commissioners ; orders of 
 
 Local Government Board as to, 155 
 attendance order, 320 ; directing child to attend school, 304. 
 
 See also ATTENDANCE ORDER. 
 contribution order for expenses of urban district council, making 
 
 and enforcement of, 343-4
 
 INDEX. 745 
 
 ORDER continued. 
 
 contributions by parent. See PARENT. 
 
 council, order in. See ORDER IN COUNCIL. 
 
 day industrial school ; attendance order at, 334-5, 612-3 ; form 
 
 of, 624 
 contribution by parent in respect of child sent to, 334, 613 ; 
 
 form of, 624-5 
 
 detention, order of, 333, 606-11 ; form of, 623 
 sending child to, under attendance order, 323-4 ; under order 
 
 of court other than attendance order, 333-4 ; form of, 
 
 327,611 
 
 transfer, order of, 618 ; form of, 625 
 enforcement of duties of education authority ; order of Board of 
 
 Education as to, 123-4 
 foundation managers, form of interim order for appointment of, 
 
 691 
 
 inquiries by Local Government Board, costs of, 166 
 loans to school boards by authorities superseding them ; order of 
 
 Local Government Board as to, 176 
 
 local acts, order of Local Government Board for adaptation of, 194 
 provisional orders. See PROVISIONAL ORDERS. 
 security for good behaviour of child, 518-9 
 trust deeds, order for alteration of, 112-114; memorandum of 
 
 Board of Education as to. 678 ; form of interim order, 
 
 691. See also TRUST DEED. 
 
 ORDER IN COUNCIL 
 
 Board of Education, appointment of consultative committee, 453-4 
 transferring powers of Charity Commissioners to, 446, 448, 
 450 
 
 day industrial schools, 335, 602-627 ; classes of children to be 
 sent to, 606 ; constitution of school, 603 ; offences at 
 school, 617 ; orders of detention, attendance, contribution 
 of parents, 610-4, 623-5 5 parliamentary grants and 
 management of school, 614; withdrawal, &c., of certi- 
 ficate, 619 
 licence exempting child from attendance at, 626 
 
 register of teachers, 453, 657, 659 
 
 teachers registration council, 657 
 
 OVERSEERS 
 
 income of endowments, payment to, and application of, by, 120-1 
 notice to, of proposed charge to parish of expenses of college for 
 
 higher education, 139 
 
 publication of notices by, of exemption from prohibition of em- 
 ployment of children, 315 ; for purposes of Education 
 Acts, 302 
 
 OWNER 
 
 definition of, in Lands Clauses Acts, 233 
 
 limited owners, sale of land by, under Technical Institutions Act, 
 
 526-7 
 privately owned elementary school, course to be taken by, as to 
 
 appointment of managers, &c., 680-1, 683-4 
 service on, of notice of application for provisional order for 
 
 compulsory acquisition of lands, 229 ; of provisional 
 
 order, 231 
 
 3 c
 
 746 INDEX. 
 
 PARENT 
 
 age of child, statutory declaration by, as to, 548 ; form of, 553 
 attendance order on, making of, 320 ; penalty for disobedience to, 
 
 323 
 
 contribution by, for child sent to 
 blind and deaf school, 394 
 
 day industrial school, 324, 334 ; form of order for, 624 ; of 
 undertaking, 624-5 '> regulations of Secretary of State 
 as to amount of, 600 
 defective and epileptic school, 442 
 industrial school, under attendance order, 324 ; remission of, 
 
 328 ; variation of, 329 ; under order of court, 520-1 
 remand, child under, by order of court, 519-20 
 definition of, 202-3 '> cases on, 272, 321, 324 
 duty of, under bye-laws as to school attendance, 270, 273 
 Education Acts, declaration of, 310 
 blind or deaf child, in case of, 386 
 defective or epileptic child, in case of, 434, 439 
 employment of child by, 313, 351-2 
 false representation by, of age of child, 345, 511 
 fees (school), payment of, by, 215-8 ; remission of payment, 216, 
 270 ; payment of, by guardians, effect of, on, 316 ; poor 
 relief to, by guardians for payment of, 347, 350 
 franchise, &c., effect as to, by reason of payment of fees by 
 guardians, 316; remission of fees, 216; payment for 
 child sent to blind or deaf school, 395 ; to defective or 
 epileptic school, 442 
 
 poor relief to, school attendance of child a condition of, 347, 365 ; 
 additional relief to, for contributions for child sent to day 
 
 industrial school, 334 ; payment of school fees, 347 
 penalty on. See PENALTIES. 
 
 selection of school by, in case of attendance order, 320 ; day 
 industrial school, 612, 613, 618 ; fees (school), payment 
 by guardians, 316, 347 ; school for blind or deaf, 395 ; 
 for defective or epileptic children, 442 
 training of child for acrobat, &c., 516 
 wishes of, to be considered in deciding as to necessity of school, 
 
 1 08 
 Youthful Offenders Act, liability of parent under, 518-21 
 
 PARISH 
 
 aid grant, apportionment of, where parish in more than one 
 
 education area, 109 
 charge to, for loans of school board, 139 ; rent, &c., of elementary 
 
 school, 139 ; schools, &c., for blind and deaf, 176 ; for 
 
 defective and epileptic, 176 ; for higher education, 139 
 council, a minor local authority, 166-7. See MINOR LOCAL 
 
 AUTHORITY. 
 
 use of schoolroom by, 223-5 
 definition, 202-3 
 endowments of public elementary schools, crediting of income of, 
 
 to parish, 120-1 
 
 higher education, expenses of school, &c., charged to parish, 139 
 meeting, a minor local authority, 166-7. See MINOR LOCAL 
 
 AUTHORITY. 
 use of schoolroom by, 223-5
 
 INDEX. 747 
 
 PARISH continued. 
 
 parliamentary grants to schools in parishes with small population, 
 
 338, 372, 193 
 property, application of, to cost of establishing elementary schools, 
 
 220 
 school district, construction of, as parish, 193 
 
 PARLIAMENTARY ELECTION 
 
 use of schoolroom for poll at, 221 ; as committee-room of 
 candidate in, 221-2 
 
 PARLIAMENTARY GRANT 
 
 blind and deaf children, to schools for, 396 ; regulations of Board 
 
 of Education as to, 396 
 
 building schools, discontinuance of grant for, 294 
 calculation by Board of Education for period less than year, 179 
 day industrial schools, grants to : for children sent by order of 
 
 court, 334 ; not sent by order of court, 335 
 conditions of, 337, 629-32 ; duty of inspector as to, 614 
 recommendations of Secretary of State as to, 628 
 remand, children under, grant for maintenance of, 520 
 defective and epileptic children, to schools for, 441 ; regulations of 
 Board of Education as to schools, &c., for defective 
 children, 574, 576; schools for epileptic children, 577-8 
 definition of, 203 
 elementary school, no grant to, unless public elementary school, 
 
 294 
 
 industrial schools : Treasury allowances to, 633 
 Local Taxation (Customs and Excise) Act, grant under, 86 ; 
 
 application of, 84, 175 
 marine and other schools not maintained by education authority, 
 
 122 
 payment of grants accrued before appointed day, 179 
 
 of grants to education authority after appointed day, 140-1 
 public elementary schools, grants to : 
 
 aid grants under Education Act, 1902 .. 109-12 ; conditions 
 
 of, 109 
 
 annual grant, conditions of, in all schools, 207, 294, 338, 402 ; 
 power of managers to fulfil conditions, 296 ; provisions 
 of Code as to, 636-46 ; refusal of, to unnecessary 
 schools, 296 ; special condition in case of non-provided 
 schools, 99. See also PUBLIC ELEMENTARY SCHOOLS. 
 epidemic grant, 544 
 
 fee grant, calculation of average attendance for, 458 ; con- 
 ditions of, 374-5 ; mode of payment of, 376 ; payment of, 
 to associations of voluntary schools for period before 
 appointed day, 179, 688-90 
 higher elementary schools, 654-5 
 limit of grants to education authority, 109 
 non-provided schools, payment of grant for period before 
 appointed day, 179 ; application of, by managers, 180 ; 
 memorandum of Board of Education as to, 688-90 
 special grants to schools in poor areas, 338, 372, 193 
 specific subjects, conditions of grants for, 467 
 remand, children under, towards cost of maintenance of, 520 
 teachers, disablement allowances to, 413 ; conditions of grant of, 
 414-7 ; assignment of, 425 ; forfeiture of, 425
 
 748 INDEX. 
 
 PARLIAMENTARY GRANT continued. 
 
 teachers, pensions to, provisions of Code as to, 646 
 
 superannuation allowances to, 408, 421 ; conditions of, 411 ; 
 assignment of, 425 ; determination or suspension of, 425 
 
 PAUPER CHILDREN. See GUARDIANS (BOARDS OF). 
 
 PAROCHIAL ELECTORS 
 
 use of schoolroom by, 223-5 
 
 PAY CLERK 
 
 payment of school fees of non- pauper children by, 319 ; regula- 
 tions of Local Government Board as to, 587 
 
 PENALTIES. See also LEGAL PROCEEDINGS. 
 
 age of child, false representation as to, 345, 511 
 
 attendance order, non-compliance with, 304, 323-4 ; in case of 
 
 epileptic child, 439 
 
 audit by district auditor, non-compliance with summons for pro- 
 duction of books, &c., 145 ; for making false declaration, 
 
 &c., 145 
 
 bye-laws, for breach of, 270-1, 279, 461 
 Canal Boats Act, offences under, 514 
 certificates, forgery, &c., of, 306, 344, 507 
 Coal Mines Regulation Act, offences under, 510-11 
 collection of, by police, 281 
 costs, inclusion in penalty, 271, 279-80, 323 ; distress warrant, 
 
 cost of, inclusion in costs, 281 
 day industrial school, offences at, 617 
 defective or epileptic child, failure to cause to be examined, 434 ; 
 
 failure to comply with order for sending epileptic child to 
 
 school, 439 
 
 distress warrant, cost of, inclusion in penalty, 281 
 employment (illegal) of child, 313, 364, 401 ; by agent or workman 
 
 of employer, 345-6 ; in factory or workshop, 507 ; in 
 
 mines, 510-1 
 
 entry, refusal of, to officer of education authority, 342 
 fees (school) fraudulently obtaining remission, &c., of, 344 
 Factory and Workshop Act, offences under, 507 
 forgery of certificate, &c., 306, 344, 507 
 fraud and personation in connection with annuities, disablement 
 
 allowances, &c., 427-8 
 order of court, disobedience to : 
 attendance order, 304, 323-4 
 detention of child in day industrial school, 617 
 entry on premises, 342 
 
 epileptic child, sending to certified school, 439 
 Prevention of Cruelty to Children Act, offences under, 5 1 5-6 
 production of child, non-compliance with summons for, 305 
 recovery of, 293, 304, 344 
 superannuation allowances, fraud or personation in connection 
 
 with, 427-8 
 Youthful Offenders Act, offences under, 518-9 
 
 PENSIONS TO TEACHERS 
 
 provisions of Code as to, 646 
 
 under Teachers Superannuation Act, 407 
 
 See also SUPERANNUATION OF TEACHERS.
 
 INDEX. 749 
 
 PETITION 
 
 against provisional order for compulsory purchase of land, 235 
 
 making scheme for education committee, 159 
 for provisional order for compulsory purchase of land, 230 
 
 PLANS 
 
 approval of plans of new schools by Board of Education, 640 
 provisional orders for acquisition of land, deposit of plans, 229, 
 
 233 
 
 rules of Board of Education as to planning, &c., of higher ele- 
 mentary schools, 655 ; public elementary schools, 103 ; 
 schools for blind or deaf children, 560 
 
 POLICE 
 
 collection of penalties, 281 
 service of summons, 281 
 
 POOR LAW ACTS 
 
 provisions of, as to audit, 146-7 ; application of, 145 
 
 inspectors of Local Government Board, powers of, as to 
 
 inquiries, 166 
 recovery of sums disallowed, &c., by auditor, 146, 148 
 
 POOR LAW OFFICERS SUPERANNUATION ACT 
 
 application of, to transferred officers, 185 
 
 POOR-RATE. See RATES. 
 
 POPULATION 
 
 of non-county boroughs and urban districts as separate education 
 
 areas, 81-3 
 calculation of, 162 
 proportion of, for which school accommodation to be provided, 205 
 
 PRAYERS 
 
 regulation of school boards as to, in provided schools, 212 
 
 PRECEPTS 
 
 for contributions made before appointed day : enforcement, &c., of, 
 
 177 
 
 expenses of urban district councils, making and enforcement of, 
 142, 343-4 
 
 PREVENTION OF CRIME ACT, 1871 
 
 sending child to industrial school under, 254 
 
 PREVENTION OF CRUELTY TO CHILDREN ACT, 1894 
 
 provisions of, as to employment of children, 515 
 
 PRISON AUTHORITY 
 
 definition of, 257 
 
 powers of contributing to industrial school, 252, 255-7 ; to day 
 
 industrial school, 334, 336 ; under order in council, 604, 
 
 606 
 
 PRIVATE STREET EXPENSES 
 
 liability for, in respect of sites for schools, 228 
 
 PRIZES 
 
 legality of, in public elementary schools, 220-1 
 
 time, &c., of distribution of, in non-provided school, 208
 
 750 INDEX. 
 
 PROCEEDINGS. See also LEGAL PROCEEDINGS. 
 of education committee, disqualifications, &c., not to invalidate, 171 
 of managers, direction of education authority as to, 173 
 disqualifications, &c., not to invalidate, 173 
 
 PROFICIENCY CERTIFICATES 
 
 condition of employment of child, 311 
 
 definition of, 339, 355 
 
 examinations for, 549-50, 635 ; in case of children in day industrial 
 
 school, 615 ; in workhouse school, 552 
 Factory Act, for purposes of, 503 
 form of, 554 
 standard of, for employment of child, 355 ; for employment under 
 
 Factory Act, 503 
 regulations of Board of Education as to, 549 
 
 PROFIT, PLACE OF 
 
 disqualification for membership of education committee by reason 
 
 of, 126, 129-136 
 of council, 129-130 ; temporary provision as to, 178 
 
 PROPERTY 
 
 adjustment of, provisions applicable, 191-2 
 
 definition of, 167 
 
 transfer of, to education authority, 168 
 
 in case of relinquishment of powers by councils, 174 
 
 school authorities under Blind and Deaf and Defective and 
 
 Epileptic Children Acts, 176 
 
 school boards and school attendance committees, 174 
 legal proceedings in relation to, continuance of, 178 
 
 PROVIDED SCHOOLS (/>. public elementary schools provided by the 
 local education authority). See LOCAL EDUCATION 
 AUTHORITY ; MANAGERS ; PUBLIC ELEMENTARY 
 SCHOOLS. 
 
 PROVISIONAL ORDERS 
 
 education committees, making by Board of Education of scheme 
 
 for, 126 ; provisions applicable, 158-9 
 
 land, compulsory acquisition of, by education authority, 229-234 ; 
 costs of Board of Education in, 231 ; of education 
 authority, scale of taxation, 239 
 confirmation of order, 231 
 
 inquiry as to application for, 230 ; regulations as to, 268-9 
 list of Acts confirming orders, 235-6 
 petition against, 235 
 refusal of order, costs of person whose land was proposed to 
 
 be taken, 231 
 service of order, 231, 234 
 
 modification and adaptation of, order of Local Government 
 Board for, 194 
 
 PUBLICATION. See ADVERTISEMENT ; NOTICES. 
 
 PUBLIC AUTHORITIES PROTECTION ACT 
 
 time for commencing action under, 173, 183 
 
 PUBLIC BODIES CORRUPT PRACTICES ACT 
 
 offences under, 264
 
 INDEX. 751 
 
 PUBLIC ELEMENTARY SCHOOL. See also MANAGERS. 
 
 admission to, condition of Parliamentary grant, 636 ; grounds for 
 refusing, 350, 636-8. See also ADMISSION TO SCHOOLS. 
 
 adventure school, condition of parliamentary grant, 639 
 
 age of child who may be instructed in, 160 
 
 army school, when deemed to be, 285 
 
 assessment of provided schools, 225 ; non-provided schools, 403 
 
 blind and deaf school, treatment of, as, 391 
 
 closing of, in case of epidemics, &c. ; memorandum of Local 
 Government Board as to, 537 ; provisions of Code as to, 
 644-5 > parliamentary grant in case of, 544 
 
 conduct of, for private profit, condition of parliamentary grant, 
 
 639 
 
 defective and epileptic school, treatment of, as, 440-1 
 
 definition of, 206 ; exclusion of evening school, 160 ; may include 
 army school, 285 
 
 discontinuance of, by education authority, 218-9, 2 S l 5 by 
 managers of non-provided school, 117, 241, 679 
 
 efficient, keeping, duty of education authority, 98, 218; enforce- 
 ment of duty, 122-3 
 
 enlargement of, proceedings to be taken on intended, 108 
 
 equality of treatment of non-provided and provided schools, 295 
 
 evening school, not a, 160 
 
 expenditure for, control of, by education authority, 98 
 
 farmed school, condition of parliamentary grant, 639 
 
 fees (school) in. See FEES. 
 
 free schools, duty of education authority to provide, 193, 383 
 
 games, articles for, expenditure on, 338 
 
 higher elementary schools, provisions of Code as to, 653 ; rules 
 for building, 655 
 
 income, application of, 220, 338, 645 
 
 inspection of, by education authority, 98, 102 ; by H.M. Inspector, 
 207, 640 ; by other inspectors, 287 
 
 institutions, schools attached to, as, 122 
 
 maintenance of, duty of education authority, 98, 218 ; enforcement 
 of duty, 122-3 
 
 management of. See MANAGERS. 
 
 marine school, as, 122 
 
 meetings, number of in year, condition of parliamentary grant, 639 
 
 necessity of, condition of parliamentary grant, 296, 638 ; decision 
 by Board of Education as to, 108 
 
 new schools, provision of, proceedings to be taken on intended, 
 107-8 
 
 parliamentary grant to, statutory conditions of, 99, 294-5, 338, 
 
 402 
 
 provisions of Code as to, 636-646 ; accounts, publication of 
 645 ; admission of children, 636 ; of students from train- 
 ing colleges, 645 ; adventure or farmed school, 639 ; 
 closure, notice to inspector of, 644 ; compliance with 
 notice for, 645 ; course of instruction, 641 ; efficiency, 
 642 ; income of school, application of, 645 ; meetings, 
 number of in year, 639 ; necessary school, 638 ; premises, 
 furniture and apparatus, 640 ; registers, etc., 641 ; returns, 
 644 ; staff, 640 ; teacher, certificated, 639 ; employment 
 of, during school hours, 642 ; time-table, 637 
 fee and other grants. See PARLIAMENTARY GRANT.
 
 75 2 INDEX. 
 
 PUBLIC ELEMENTARY SCHOOL continued. 
 
 parliamentary grant to 
 
 higher elementary schools, grants to, 654-5 
 
 limit of grants, 109 
 
 non-provided school, special conditions in case of, 99 
 
 private street expenses, liability for, 228 
 
 prizes to children, 220-1 
 
 provision of, duty of education authority, 123, 193, 218 ; enforce- 
 ment of duty, 122-3 
 
 rating of, provided schools, 225-8 ; non-provided schools, 403 
 
 regulations (statutory) for conduct of, 206, 210 
 
 religious instruction in all schools, 206-7 > i non-provided schools, 
 loo ; in provided schools, 210. See RELIGIOUS IN- 
 STRUCTION. 
 
 secular instruction in, control of by education authority, 91 ; 
 directions to managers of non-provided school as to, 98 ; 
 
 teacher, certificated, condition of parliamentary grant, 639. See 
 also TEACHER. 
 
 time-table in, 207-210 ; condition of parliamentary grant, 637 
 
 transfer of, to education authority, 241-3 ; instructions of Board of 
 Education as to, 243, 245, 247, 250; re-transfer of, to 
 managers of non-provided school, 251 ; conditions to be 
 observed in case of intended transfer or re-transfer, 107-8 
 
 use of rooms in, for purposes of Allotments Act, 222-3 > candi- 
 date at election, 221 ; elections, 221 ; parish meetings, 
 inquiries, &c., under Local Government Act, 223-5 
 by education authority out of school hours, 99, 104 
 
 PUBLIC HEALTH ACT, 1875 
 
 provisions of, as to 
 
 audit, 144-6 ; application of, 144 
 
 borrowing, 494 ; application of, 149-50 
 
 inquiries by Local Government Board, 166 ; application of, 165 
 
 provisional orders, 158-9 ; application of, 158 
 
 PUBLIC SCHOOL ACCOMMODATION 
 
 definition of, 205 
 
 duty of education authority to provide, 218, 193 ; free school 
 accommodation, 193, 383 
 
 enforcement of duty, 122-4 
 powers of education authority to provide, 219-20 
 
 See also PUBLIC ELEMENTARY SCHOOLS. 
 
 PUBLIC WORKS LOAN COMMISSIONERS 
 
 accounts of advances by, 156 
 
 advances by, to councils for loans under Education Acts, 152 ; 
 
 industrial schools, 332, 361 
 
 application of advances, 155 ; of unexpended balances, 156 
 fees for loans, 1 54 
 interest on loans, 153-4 
 periods for loans, 152-3 
 
 repayment of loans, 153 ; before expiration of period, 154 
 security for loans, 155 
 
 PUNISHMENT OF CHILDREN 
 
 in day industrial schools, 599 
 
 public elementary schools, instructions of Board of Education as 
 to, 213 ; liability of teacher for, 214, 274 ; punishment 
 book, 213
 
 INDEX. 753 
 
 PUPIL TEACHERS 
 
 appointment of, in non-provided schools, 99-100 
 central classes for, legalisation of expenditure on by school 
 boards, 470, 169 ; recorded service of teachers at, 413 
 
 PURCHASE OF LAND. See LAND. 
 
 QUORUM 
 
 of education committee, 171 
 managers, 173 
 
 QUO WARRANTO 
 
 in case of clerk to school board, 260-1 
 
 RAGGED SCHOOLS 
 
 rating of, 228 
 
 RATE.- See also ASSESSMENT. 
 
 collection, &c., of rates made before appointed day, 177 
 economy of rates to be had regard to in deciding as to provision 
 
 of new school, &c., 108 
 
 education committee : no power to raise, 125 
 endowment, income of, credit to rate of parish in county, 120-1 
 exemption from rating of non-provided school, 403 
 for expenses of council of borough, 139, 140 
 
 council of urban district, 139, 343 
 
 limit of, for purpose of higher education in case of county council, 
 
 84 ; council of non-county borough or urban district, 88 
 
 non-provided school, rating of, 403 ; payment of rate by 
 
 managers, 103 
 
 parliamentary grants, limit of, by rate for education expenses, 109 
 rate in pound, regulations for estimating amount of, 161 ; for 
 
 purpose of aid grant, 109, 1 1 1 
 security for loans under Education Act, 1 50 
 under Technical Instruction Acts, 175 
 
 RATEPAYER 
 
 appeal by, to Board of Education in case of proposed provision 
 
 of new school, &c., 107 
 audit by district auditor, right to attend and make objections to 
 
 accounts, 145 
 
 bye-laws, supply of copies to, 27 1 
 definition of, 202, 204 
 
 RATING. See ASSESSMENT. 
 
 REASONABLE EXCUSE 
 
 attendance at school under bye-laws, against, 270, 276-9 
 
 attendance order, against, 320, 323 
 
 blind and deaf child, in case of, 386 
 
 defective and epileptic children, in case of, 439 
 
 employment of child, 314-5 
 
 RECOGNIZED SCHOOL 
 
 Factory Act, for purpose of, 501-2 ; definition of, 504 
 register of teachers, for purpose of, 660 
 
 regulations of Board of Education as to, 666
 
 754 INDEX. 
 
 RECORDED SERVICE OF TEACHERS 
 
 definition of, 408-9 
 
 rules of Board of Education as to, 412-3 
 
 RECOVERY 
 
 of penalties, 293, 304, 344 
 
 possession of schoolhouse in case of dismissed teacher, 292, 480 
 relief by way of loan for payment of school fees, 587 
 sums certified by auditor, 146-8 
 
 REGISTER 
 
 admission to day industrial school, 600 
 
 public elementary schools, 641 
 attendance at school : 
 
 certified efficient school, 352, 545, 550 
 
 day industrial school, 600, 615 
 
 preservation of, 550; in case of workhouse school, 594 
 
 public elementary school, 641 
 
 workhouse school, order of Local Government Board as to 
 
 keeping, and form of, 594-7 
 
 discontinuance of school, dealing with registers on, 550 
 mines, children, &c., employed in, 509-10 
 mortgages of local authorities, 496 
 
 teachers, provisions as to, 453-4 ; order in council as to, 659 ; 
 rules of Board of Education as to recognition of schools 
 for, 666 
 
 REGISTRAR OF BIRTHS AND DEATHS 
 
 certificates of births, duty to furnish, 506, 340 
 
 form of requisition for, 581-2 
 
 returns of births and deaths to education authority, 341 ; forms 
 and payment for, 341 
 
 REGULATIONS, CIRCULARS, &e. See also ORDERS IN COUNCIL. 
 
 OF BOARD OF EDUCATION. 
 admission to school, grounds for refusing, 636-8 
 associations of voluntary schools, 
 
 constitution of and payment of aid grant to, 688 
 attendance at school, conditions of exemption from, 432, 463 
 blind or deaf children boarding out, 562 ; certified schools for, 
 
 accounts of, 391-2 ; buildings, &c., of, 560 ; parliamentary 
 
 grant, 396 
 
 books, &c., charge for, by managers of schools, 378-9 
 bye-laws, model form of, 533 ; notice of deposit of, 279, 303 
 certificates of age, proficiency, and school attendance, 548 
 certified efficient schools, 545 
 conferences of education authorities, 406 
 consultative committee of Board of Education, appointment, &c., 
 
 of, 454 
 
 Day School Code, 634 
 defective and epileptic children arrangements for examination 
 
 of, 435 ; forms of medical certificate, 435 ; boarding out, 
 
 579 ; certified schools for defective children, 574 ; for 
 
 epileptic children, 576 ; day schools and classes for, 571 ; 
 
 parliamentary grants for, 574, 576, 577-8 ; special schools 
 
 and classes, 578 
 education committee, schemes for appointment of, 127, 668, 673
 
 INDEX. 755 
 
 REGULATIONS, CIRCULARS, be. continued. 
 
 endowments of public elementary schools, 121, 685 
 
 evening schools, regulations as to, 88 
 
 fee grant, time and manner of payment, 376 
 
 fees (school), prepayment of, 217 
 
 foundation managers, 114, 678 ; form of interim order, 691 
 
 games, application of income of school in articles for, 338 
 
 higher elementary schools, 653 
 
 home lessons, 214-5 
 
 labour certificates, 551 ; forms of, $54-7 
 
 loans on transferred schools, 250 
 
 notices, publication of: deposit of bye-laws, 279, 303 ; provisional 
 order for compulsory purchase of land, 233 
 
 parliamentary grant, annual, conditions of, 636-46 
 
 payment of, to education authorities after appointed day : 
 time, &c., of payments, 140-1 
 
 planning, &c., of higher elementary schools, 655 ; public 
 elementary schools, 103 
 
 privately owned schools, 683 
 
 prizes in public elementary schools, 208 
 
 provisional order for acquisition of land, application for, 234 ; 
 publication of notice for, 233 
 
 punishment of children in public elementary schools, 213 ; punish- 
 ment book, 213 
 
 register of teachers, 659 ; recognition of schools for purpose of, 
 666 
 
 religious instruction in public elementary schools, 209, 212 ; in 
 transferred schools, 250-1 
 
 school accommodation, proportion of population to be provided 
 for, 205 
 
 schoolrooms, use of, under Local Government Act, 224-5 
 
 secondary schools, regulations for, 87-8 ; inspection of, 452 
 
 standards of examination in public elementary schools, 648 
 
 teachers, attendance cards, duty to fill up, 349 
 
 certification of: rules as to evidence of age, 410 ; of physical 
 
 capacity, 409 
 
 mode of remuneration of, 262 
 pensions under Code, 646 
 
 superannuation, &c., of, rules as to : annuity tables, for men, 
 529 ; for women, 531 ; calculation of average salaries, 
 411 ; contributions by teachers, payment of, 418 ; dis- 
 ablement allowances, 414-7 ; payment of annuities, &c., 
 425 ; option of existing teachers to accept Act, 422 ; 
 recorded service, 412, 423 
 
 teachers' registration council, 657 
 
 time-table in public elementary schools, 208-10, 250-1 
 
 transfers of schools, arrangements for, 247 
 
 trust deeds, alteration, &c., of, 1 14, 678 ; form of interim order, 691 
 
 workhouse, admission to school of children sent from, 459 
 
 OF LOCAL GOVERNMENT BOARD. 
 
 birth certificates : form of requisition for, 581 
 births and deaths of children : form of return for, 341 
 closing, &c., of schools in case of epidemics, 537 
 inquiry officers of guardians, 584 
 pay clerk of guardians, 319, 587
 
 756 INDEX. 
 
 REGULATIONS, CIRCULARS, be. continued. 
 
 periods for loans, principles for determining, 152 
 school fees of non-pauper children : duties, &c., of guardians as to 
 payment of, 317-9, 584 ; order as to, 583 ; relief com- 
 mittees and district relief committees, duties of, 317, 586 ; 
 relief on loan to parent for, 319, 587 ; school fees appli- 
 cation and report book, 589 ; order book, 589 ; receipt 
 and payment book, 590 
 
 pauper children, 347-8 ; mode of payment of relief for, 348-9 
 workhouses, children sent from, 350-1 
 
 workhouse school, defining attendance at, 592 ; register of attend- 
 ance for, 594 
 
 OF SECRETARY OF STATE. 
 
 day industrial schools : applications for certificates, 598 
 contribution by parent for child sent to, 337, 600 
 definition of attendance at, 601 
 recommendations as to parliamentary grant, 628 
 rules of school, 598-600 
 
 Factory Act : standards of attendance at school and proficiency 
 for purpose of, 503 
 
 industrial schools, model rules for, 252-3 ; as to religious instruc- 
 tion and observance in, 393 
 
 truant schools, model rules for, 331 
 
 OF TREASURY. 
 
 compensation to civil servants on abolition of office, 190 
 
 to officers on abolition of office, basis of assessment, 186-7 
 
 industrial schools, allowances for, 633 
 
 superannuation, &c., of teachers, 409 
 
 annuity fund, increase of contributions to, 412 
 annuity tables for men, 529 ; women, 531 
 
 RELIEF (POOR LAW) 
 
 for attendance of child at school, 347 
 
 loan, relief on, for school fees of non-paupers, 319, 587 
 maintenance of child in day industrial school, 334 ; charging of, 337 
 
 to parent or child, elementary instruction of child a condition of, 
 347 > 365-6. See also GUARDIANS (BOARDS OF). 
 
 RELIGIOUS INSTRUCTION 
 
 blind and deaf : boarded-out child, in case of, 393-4, 563 ; in 
 
 schools for, 392-3 
 "conscience clause," in day industrial schools, 616 
 
 in public elementary schools, 206 ; infractions of ; duty of 
 
 education authority to report, 313-4 
 in schools, &c., for higher education, 90 
 defective and epileptic children in schools for, 444, 576 
 higher education, colleges, &c., for, conditions of, in, 90 
 industrial schools, model rules of Secretary of State as to, 393 ; in 
 
 day industrial school, 599, 616 
 public elementary schools : 
 
 character of, not matter for bye-laws, 274 
 
 conditions of, 206-210; provisions of bye-laws for school 
 
 attendance, as to, 270, 534 
 infractions of law, duty of education authority to report, 313-4
 
 INDEX. 757 
 
 RELIGIOUS INSTRUCTION continued. 
 public elementary schools 
 
 non-provided schools : character of, 100 ; reference to bishop 
 
 or denominational authority, 100, 107 
 facilities for, during school hours, 98 
 inspection of, 287 
 teachers, dismissal of, on ground of, 98-9 ; assistant and 
 
 pupil teachers, religious qualification of, 99-100 
 trust deeds, provision of, as to, 100 
 parliamentary grant, conditions of, as to, 295 
 provided schools, 210 ; regulations adopted by school boards, 
 
 212 
 
 time for, 207 ; time-table to show, 207-210 ; in case of trans- 
 ferred schools, 251 
 
 withdrawal of child from, 207, 270, 287 
 
 Technical Instruction Acts, in schools, colleges, &c., provided 
 under, 194, 90 
 
 RELINQUISHMENT 
 
 by councils of non-county boroughs and urban districts of powers, &c., 
 
 under Education Act, 157 
 officers, &c., transfer of, on, 181 ; construction of "passing of Act" 
 
 in case of, 186. See also COMPENSATION ; OFFICERS. 
 powers of county council as to rating in case of, 89, 668-9 
 property, &c., transfer of, on, 174; construction of "appointed 
 
 day," &c., for purpose of, 177 
 
 RENT 
 
 of non-provided school, payment of, by managers, 103 
 
 school let to managers by private owner, 116, 68 1, 683 
 provided schools, charge of, to parish in county, 139 
 teachers' residence, in case of non-provided school, 103 
 
 REPAIRS 
 
 of non-provided school, duty of managers as to, 99, 103 
 
 formation of common fund for, circular of Board of Education 
 as to, 689-90 
 
 REPORT 
 
 of Board of Education : 
 
 annual report to Parliament, 297 
 
 annuity fund, 418 
 
 Blind and Deaf Children Act, proceedings under, 398 
 
 bye-laws sanctioned, 271 
 
 canal boats, children in, 514 
 
 Defective and Epileptic Children Act, proceedings under, 444 
 
 school fees sanctioned and refused, 381 
 district auditor, on accounts audited by him, 146 
 education authority : as to exemption from prohibition of employ- 
 ment of children, 315 
 
 infractions of law as to religious instruction in schools, 313 
 
 RESIGNATION 
 
 of managers of public elementary schools, 97, 173 
 
 RETURNS 
 
 attendance of children at school, 303 
 
 blind and deaf children boarded out, 565 ; forms for, 569, 570
 
 INDEX. 
 
 RETURNS continued. 
 
 births and deaths, returns by registrars, 341 ; form for, 341 
 
 day industrial schools, 600 
 
 defective children, returns to Board of Education as to, 444 ; 
 
 returns as to children boarded out, 580 
 by education authority to Board of Education, 294, 444 
 
 elementary schools and children requiring elementary education, 
 266-8, 302 ; appointment of persons for making, 267, 302 ; 
 expenses of, 267 ; forms for, 267 ; inspectors of, 268 
 
 RURAL DISTRICT COUNCIL 
 
 property, liabilities, &c., of, under Blind and Deaf and Defective 
 and Epileptic Children Acts transferred to county council, 
 176 
 
 use of school-rooms in elections of, 223-5 
 
 SALARIES 
 
 inquiry officers of guardians, 585 
 officers of education authority, 258, 261 
 
 transferred to education authority, 183-4 
 
 teachers, average salaries of, 261-2 ; for purposes of Superannu- 
 ation Act, 408, 412 
 
 income-tax payable on, 262 
 
 in non-provided schools, 102 
 
 SALE 
 
 of lands or school-house by education authority, 240-1 
 lands under Technical Institutions Act, 527 
 
 SCHEME 
 
 education committee, for appointment of, 125-7 
 
 alteration of, 158; approval of, 125-6; incidental provisions, 
 
 158 
 
 form of memorandum of Board of Education as to, 673 
 joint committee, provision for appointment of, 126 
 making of, by Board of Education, 126 
 matters to be provided for, 125 
 
 memorandum of Board of Education as to, 127, 668, 673 
 provisional order for, 126 ; provisions applicable to, 158-9 
 publication of, 126 
 
 separate committee for any area within county, 126 
 Wales, provisions in case of, 126-7 
 endowments, &c., schemes as to, 284-7 
 
 construction of references in to, Technical Instruction Acts, 
 
 194 
 
 for municipal charter, provisions of, as to education areas, &c., 368 
 modification and adaptation of, order of Local Government 
 
 Board for, 194 
 Technical Instruction Acts, construction of reference to, in 
 
 schemes, 194 
 
 SCHOLAR 
 
 age of, for elementary education, 160 
 See also CHILD. 
 
 SCHOLARSHIPS 
 
 power of education authority as to, 161
 
 INDEX. 759 
 
 SCHOOL. See also SCHOOLHOUSE. 
 
 army school, when to be deemed public elementary school, 285 
 
 canal boats, for children on, 513 
 
 certified efficient school: regulations of Board of Education as to, 
 545. See also CERTIFIED EFFICIENT SCHOOL. 
 
 elementary school, definition of, 160, 202 ; when a public ele- 
 mentary school, 206 
 
 evening school not an elementary school, 160 
 
 higher education, schools, &c., for. See COLLEGES ; HIGHER 
 EDUCATION. 
 
 higher elementary schools, regulations as to, 653 
 
 industrial school. See CERTIFIED INDUSTRIAL SCHOOL ; DAY 
 INDUSTRIAL SCHOOL. 
 
 institutions, schools attached to : provision as to, 122 
 
 literary or scientific institution, transfer of, to education authority, 
 
 523 
 
 marine school, provision as to, 122 
 
 new school, conditions to be observed on intended provision of, 
 107-8 
 
 non-provided school. See MANAGERS ; PUBLIC ELEMENTARY 
 SCHOOL. 
 
 privately owned schools, memorandum of Board of Education 
 as to, 68 1, 683 
 
 provided school. See MANAGERS ; PUBLIC ELEMENTARY 
 SCHOOL. 
 
 public elementary school. See PUBLIC ELEMENTARY SCHOOL. 
 
 recognized efficient school under Factory Act, 500-1 ; definition 
 of, 504 
 
 recognized school for purposes of teacher's register, 660 ; rules 
 of Board of Education as to, 666 
 
 religious instruction in. See RELIGIOUS INSTRUCTION. 
 
 science and art, school for arrangements for transfer to educa- 
 tion authority, 523 
 
 technical and industrial schools, purchase of land for, 526-8 
 
 Technical Instruction Acts, schools provided under, 84, 194. See 
 also TECHNICAL INSTRUCTION ACTS. 
 
 voluntary school ( = non-provided school). See MANAGERS ; 
 PUBLIC ELEMENTARY SCHOOL. 
 
 Welsh Intermediate Schools : governing body for, 126-7 '> inspec- 
 tion of, 452 
 
 SCHOOL ACCOMMODATION. See PUBLIC SCHOOL ACCOMMODA- 
 TION. 
 
 SCHOOL ATTENDANCE. See ATTENDANCE ORDER ; ATTENDANCE 
 (SCHOOL). 
 
 SCHOOL ATTENDANCE COMMITTEE 
 
 abolition of, 91 
 
 accounts of, for period before appointed day, audit, &c., of, 177 
 
 adjustments, provisions as to, 191-2 
 
 expenses of, when appointed by urban district council, 139, 343 
 
 information, furnishing of, to education authority, 181 
 
 liabilities, &c., of, transfer to education authority, 174 
 
 liquidation of debts, &c., before appointed day, 178 
 
 officers of, transfer to education authority, 181. See OFFICERS. 
 
 powers, &c., of, transfer to education authority, 91, 174, 177
 
 760 INDEX. 
 
 SCHOOL ATTENDANCE COMMITTEE continued. 
 property of, transfer to education authority, 174 
 under Education Act, 1902.. 193. See also EDUCATION COM- 
 MITTEE. 
 
 SCHOOL BOARDS 
 
 abolition of, 91 
 
 accounts of, for period before appointed day, audit, &c., of, 177 
 
 casual vacancies in, before appointed day, 179 
 
 construction of references to, 193 
 
 elections of, before appointed day, 179 
 
 information, furnishing of, to education authority, 181 
 
 liabilities of, transfer to education authority, 174 
 
 liquidation of debts, &c., before appointed day, 178 
 
 loans transferred to county council, provision as to, 139 
 
 members of, appointment on education committees, 126 
 
 officers of, transfer to education authority, 181-90. See 
 
 OFFICERS. 
 
 parliamentary grant to, for period before appointed day, 179 
 powers and rights of, transferred to education authority, 91, 174, 
 
 177 
 
 property of, transfer to education authority, 174 
 pupil teacher centres, power to carry on, 470, 168-9 
 references to, construction of, 193 
 schools and classes for non-elementary education, power to carry 
 
 on, 168-9, 465> 469 ; expenditure for, legalization of, 
 
 465-6 
 schools provided by and deemed to be provided by, treatment of, 
 
 1 80 
 substitution for, in enactments, &c., 194 
 
 SCHOOL BOARDS ACT, 1885.. 367 
 
 SCHOOL DISTRICT 
 
 construction of references to, 193 
 substitution for, in enactments, 194 
 
 SCHOOL FEES. See also FEES. 
 
 Application and Report Book, 586, 589 
 
 Order Book, 587, 589 
 
 Receipt and Payment Account, 587, 590 
 
 SCHOOL FUND 
 
 construction of references to, 193 
 substitution for, in enactments, 194 
 
 SCHOOLHOUSE 
 
 borrowing powers for provision of, 151 
 
 building, &c., approval of plans by Board of Education, 640 ; rules 
 of Board of Education as to, 103 
 
 not to be erected in closed cemetery, 239 
 definition of term, 202 
 dwelling-house for teacher, included in, 202 
 
 charge for, by managers of non-provided school, 99, 103 
 
 income tax on, 262-3 
 
 furniture, &c., of, provisions of Code as to, 640 
 gifts of lands for, 161-2, 164. See also SCHOOL SITES ACTS, 
 income tax on, 227 ; on teacher's residence, 262-3
 
 INDEX. 76l 
 
 SCHOOLHOUSE continued. 
 
 Mortmain and Charitable Uses Acts, application of, to lands for, 
 
 161-2 
 non-provided school, duty of managers as to provision, repair, 
 
 improvement, &c., of, 99, 102-4 
 furniture in, use of, by education authority, 181 
 
 by managers out of school hours, 99 
 lighting and warming of, 105 
 rating of, 103, 403 
 rooms in, use of, by education authority out of school hours, 
 
 99, 104 ; making good damage to, 99 
 plans of, approval of by Board of Education, 640 ; rules of Board 
 
 of Education as to, 103 
 private street expenses, liability for, 228 
 provision, &c., of, by education authority, 219-20 
 rating of, 225, 403 
 
 recovery of possession from dismissed teacher, 292, 480 
 rooms in, use of, for purposes of Allotments Act, 222-3 ; elections, 
 
 221 ; Local Government Act, 1894.. 2 23-5 
 sale, leasing, exchange of, 240-1 
 tithes on, redemption of, 220 
 
 SCHOOLMASTER. See TEACHER. 
 SCHOOL REGISTERS. See REGISTERS. 
 
 SCHOOLS SITES ACTS 
 
 definition of, 297 
 
 made applicable for purpose of 
 
 purchase of land by education authority, 232 ; by managers 
 
 of non-provided schools, 240 
 tenure of office of teacher, 292 
 
 recovery of premises held by dismissed teacher, 292 
 provisions of, as to purchase of land, 471-9, 481-90 ; recovery of 
 premises, 480 ; tenure of office of teacher, 480 
 
 SCHOOL YEAR 
 
 definition of, 384 
 
 payment of parliamentary grant for part of, 179, 646 
 
 SCHOOL FOR SCIENCE AND ART 
 
 temporary provision for maintenance of by school boards, 168-9, 
 465, 469 
 
 SCHOOLS FOR SCIENCE AND ART ACT, 1891.. 523 
 
 SCIENCE AND ART DEPARTMENT 
 
 superseded by Board of Education, 446 
 
 SCILLY ISLANDS 
 
 local education authority for, 168 
 
 SECONDARY SCHOOLS. See also COLLEGES ; HIGHER EDUCATION. 
 inspection of, by officers of Board of Education, &c., 451-3; 
 
 contribution by councils to expenses of, 452 
 register of teachers, 453-4 ; order in council as to, 659 
 
 recognized schools for, 660, 662 ; regulations of Board of 
 
 Education as to, 666 
 regulations of Board of Education as to, 87-8
 
 762 INDEX. 
 
 SECRETARY OF STATE. See also INSPECTORS ; REGULATIONS. 
 borrowing by education authority, consent to, for purpose of 
 building, &c., industrial schools, 332, 194 
 contribution to industrial school, 361 
 furnishing of, 258 
 
 certified industrial school : certification of, 252 ; consent to 
 establishment, &c., of, 257-8, 332 ; contributions by 
 parents, remission of, 328 
 rules for management of, 252-3 
 day industrial schools : 
 
 attendance at, direction as to, 357, 601 
 
 certification of, 333, 603; resignation of certificate, 619; 
 
 withdrawal of certificate, 335, 619 
 consent to contribution to, by education authority, 605 ; 
 
 establishment, &c., of, 332, 605-6 
 contributions by parents, fixing of, 334, 337, 600 
 detention in, hours of, 333, 599 
 forms of orders for sending child to, &c., 335 
 inspector of, 603 
 
 order of discharge from, 618, 620 
 parliamentary grant, conditions of, 337 ; recommendations 
 
 as to, 334-5, 628-32 
 rules of school, approval of, 333, 616 ; provisions to be 
 
 included in, 598-600 
 definition of, 352 
 Factory Act, definition of " attendance " for purpose of, 501-2 ; 
 
 proficiency and due attendance, certificates of, 503 
 jurisdiction of, over education authority in matter of industrial 
 
 schools, 258 
 opinion of, as to collection of penalties by police, 281 ; service 
 
 of summons by police, 281 
 teachers in industrial schools, contributions to annuity fund, 
 
 418-9 ; "recorded service" of, 413 
 
 transfer of schools to education authority, approval of, 244 
 truant schools, model rules for, 33 1 
 
 SECULAR INSTRUCTION 
 
 interest of, to be had regard to in deciding as to necessity of 
 
 school, 1 08 
 
 in non-provided schools : control of and responsibility for, by educa- 
 tion authority, 91 
 directions to managers as to, 98, 101 
 
 SECURITIES 
 
 for advances by Public Works Loan Commissioners, 155-6 
 loans under Education Act, 1 50 
 
 loans, &c., transferred to education authorities, 177-8 
 loans of urban district councils under Technical Instruction Acts, 
 
 175 
 
 provisions of Local Government Act as to, 492-3 ; of Public 
 Health Act, 494 
 
 SERVICE 
 
 of notices, requisitions, &c., 288 
 
 order for contribution to maintenance of child, 521 
 
 recorded service of teachers : definition of, 408-9 ; rules of Board 
 
 of Education as to, 412-3 
 summonses, 281
 
 INDEX. 763 
 
 SINKING FUND 
 
 for repayment of loans by county council, 492 
 by other councils, 495 
 
 SITES. See LAND ; SCHOOL SITES ACTS. 
 
 SLANDEROUS STATEMENTS 
 
 at meetings of local authorities, liability for, 172 
 
 SPECIAL ACT 
 
 for purposes of Lands Clauses Acts, 301 
 
 STAMP DUTY 
 on appointment of officers, 259 
 
 audit of accounts by district auditor, 148-9 
 
 STANDARD 
 
 of attendances, for purpose of employment of child, 355, 462 ; for 
 employment in agriculture, 430 ; under Factory Act, 503 
 for partial exemption from school attendance, 431 
 examination in public elementary schools, provisions of Code, 
 
 648-52 
 for exemption from school attendance under bye-laws, 270, 
 
 275-6 ; model bye-laws as to, 534-5 
 proficiency, for purpose of employment, 355 
 
 under Factory Act, 503 
 " reaching " standard, construction of, 636 
 
 certificate of teacher as to, 305, 550; form of, 554 
 
 STATUTORY DECLARATION 
 
 as to accounts, correctness of, 145 
 
 age of child, by parent, 548-9 ; form of, 553 
 compensation for loss of office, claim for, 189 
 
 SUMMONS 
 
 by auditor, for production of books, &c., 145 
 for offences under Education Acts, service of, 281 
 production of child liable to attend school, 305 
 
 SUNDAY SCHOOLS 
 
 attendance at, not a condition of admission of child to college, &c., 
 for higher education, 90 ; to public elementary school, 206 
 closing of, in case of epidemics, 543 
 rating of, 228 
 
 SUPERANNUATION OF TEACHERS 
 
 annuity fund actuarial inquiry as to, 418, 421 ; formation of, 
 
 417-20; payments out of, 418; return to Parliament as 
 
 to, 418; subsidiary funds, 418 
 annuities payable to teachers out of, 408, 420-1 
 
 assignment, charge, &c., of, 425 
 
 payment of, 425-7 ; in cases where disablement allow- 
 ances are paid, 414 ; suspension of, 424, 427 
 
 tables of, in case of men, 529 ; in case of women, 531 
 contributions to, by teachers, 407 ; income-tax on, 263 ; 
 
 increase of, 408, 411-2; mode of payment of, 417-20; 
 
 payments for time when not in "recorded service," 424, 
 
 420 
 option to "existing teachers " as to, 421-4
 
 764 INDEX. 
 
 SUPERANNUATION OF TEACHERS continued. 
 
 decision by Board of Education and Treasury of questions as to 
 
 annuities, &c., 424-5 
 
 disablement allowance, 413-4 ; assignment, charge, &c., of, 425 ; 
 forfeiture of, 425 ; mode of payment of, 425-7 ; parlia- 
 mentary grant for, 413 ; rules as to, 414-7, 425-7 
 fraud or personation in connection with annuities, &c., 427 
 London School Board, superannuation scheme of, 185 
 pension schemes of local authorities, application to officers trans- 
 ferred under Education Act, 185 
 
 pensions under Code, conditions, amount, &c., of, 646-7 ; teacher 
 receiving, ineligible for allowance under Superannuation 
 Act, 422 
 Poor Law Officers Superannuation Act, application of, in case of 
 
 officers transferred under Education Act, 185 
 rules of Board of Education and Treasury under Superannuation 
 
 of Teachers Act, 424 
 calculation of average salaries, 411 
 disablement allowances, 414 
 
 evidence of age of teachers, 410 ; of physical capacity, 409 
 expenses of medical examination, 409 
 option of " existing teachers," 422 
 payment of annuities and allowances, 425 ; of contributions 
 
 by teachers, 418 
 
 recorded service of teachers, 412 
 
 superannuation allowances, 408, 421 ; amount of, 408 ; in case of 
 "existing teachers," 421-3 ; assignment, charge, &c., of 
 425 ; forfeiture of, 425 ; general conditions of, 41 1 ; par- 
 liamentary grant for, 408 ; payment of, 425-7 ; " recorded 
 service" for, 408, 412 ; suspension of, 424 
 
 SURCHARGE 
 
 by auditor, of items contrary to law, 145-8 
 appeal against, 145-7 
 
 TEACHER. See also OFFICERS. 
 
 age for retirement, 407 
 
 annuity fund payments by and to teachers. See SUPERANNU- 
 ATION OF TEACHERS. 
 
 appointment and dismissal of, in non-provided schools, 98-100 ; 
 consent of education authority to, 98 ; directions of 
 education authority as to qualifications, 98 ; extraneous 
 duties as a condition of appointment, 102 ; grounds for 
 dismissal of, 102 
 assistant teachers, 99, 100 
 pupil teachers, 99-100 
 in provided schools, 258 
 
 assistant teachers in non-provided schools, appointment of, 99-100 
 
 attendance cards, duty to fill up, 349 
 
 candidates for appointment as, expenses of, 263 
 
 certificate of, as to attendance, &c., of child, 305, 550 ; as to 
 proficiency of child, 305, 550 
 
 certification of, by Board of Education, 407, 409-10 
 
 classes of, recognized by Board of Education, 259 
 
 day industrial school, consent of inspector to appointment of 
 teachers in, 600, 629
 
 INDEX. 765 
 
 TEACHER continued. 
 
 defective children, schools and classes for, qualifications of 
 
 teachers, 572-3 
 definition of, 202 
 
 detention of child after school hours, liability for, 274 
 disablement allowance to, 413. See SUPERANNUATION OF 
 
 TEACHER. 
 
 dismissal of, in non-provided schools, 98-100, 102 
 education committee, qualification for membership of, 126 
 "farming" school to, 639 
 fees (school) liability for loss of, 218 
 
 higher elementary schools, qualifications of teachers in, 654 
 income-tax payable by, 262 
 infectious disease, position in case of, 540, 644 
 option to "existing teachers" to accept Superannuation Act, 
 
 421-3 
 
 organizing teacher "recorded service" of, 408, 413 
 pensions to, under Code, 646-8. See also SUPERANNUATION 
 
 OF TEACHERS. 
 
 physical capacity of, rules of Board of Education as to, 407, 409 
 punishment of children, instructions of Board of Education as to, 
 
 213 ; liability for, 214, 274 
 pupil teachers, appointment of, in non-provided schools, 99-100 
 
 centres for instruction of, legalization of expenses of, 470 
 " recorded service" of, 407-8 ; rules of Board of Education as to, 
 
 412-3 
 
 recovery of residence on dismissal of, 292, 480 
 register of, 453-5 ; regulations as to, 659 
 
 recognized schools for purpose of, 666 
 retirement of, age for, 407 
 
 - returns, duty to make, 267 ; penalty for failure to make, &c., 268 
 salaries : average amount of, 261 ; for purpose of Superannuation 
 
 Act, 408, 412 
 
 variation of, with parliamentary grant, 262 
 superannuation of. See SUPERANNUATION OF TEACHERS. 
 tenure of office of, 258 
 
 application of provisions of School Sites Acts, 292 ; provisions 
 
 of Acts, 480 
 
 training of, a purpose of higher education, 160 
 travelling expenses of, payment of, a purpose of higher education, 
 161 
 
 TECHNICAL INSTRUCTION ACTS 
 
 construction of references to, in enactments or schemes, 194 
 obligations incurred under, application to, of Education Act, 1902 
 
 ..194 
 
 repeal of, 168, 196 
 schools, colleges, &c., provided under, application to, of Education 
 
 Act, 1902. .194; regard to be had to, in exercise of 
 
 powers as to higher education, 84 
 urban district council, charge of liability under, 175 
 
 TIME-TABLE 
 
 day industrial schools, 599 
 defective children, schools for, 573 
 
 public elementary schools, 207 ; instructions of Board of Educa- 
 tion as to, 208-1 1, 250-1 ; provisions of Code as to, 637
 
 766 INDEX. 
 
 TITHES 
 
 on non-provided school, payment of, by managers, 103 
 school sites, commutation of, 220 
 
 TITLE 
 
 Education Acts, 1870 to 1902 : Acts included under, 169, 170 
 
 TOWN COUNCIL. See COUNTY BOROUGH COUNCIL; NON- 
 COUNTY BOROUGH COUNCIL. 
 
 TRAINING COLLEGE FOR TEACHERS 
 
 education authority, powers of, as to, 160 
 public elementary schools, admission to, of students at, 645 
 sites for, provisions of School Sites Acts as to, 487-8 
 teacher in, "recorded service " of, 413 
 
 TRANSFER 
 
 literary and scientific institution, transfer to education authority, 
 
 523 
 
 loans transferred to education authority, treatment of, 175 
 officers, transfer to education authority, 181 
 property, liabilities, &c., transfer to education authority of, 168 
 council relinquishing powers under Education Act, 174 
 school attendance committee, 174 
 school board, 174, 176 
 school authority under Blind and Deaf Children, and 
 
 Defective and Epileptic Children Acts, 176 
 
 public elementary schools, transfer to education authority, 241-3 ; 
 
 instructions of Board of Education as to, 243-45, 247, 
 
 250 ; re-transfer to managers of non-provided schools, 
 
 251 
 
 conditions to be observed on proposed transfer or re-transfer, 
 
 107-8 
 
 endowments, transfer of, to education authority, 243 ; re- 
 transfer of, to managers, 251 
 schools of science and art, transfer to education authority, 523 
 
 TRAVELLING EXPENSES 
 
 of candidates for appointment, 263 
 
 members of education committee, 138 
 
 teachers or children attending school or college : powers of 
 education authority as to, 161 
 
 TREASURY 
 
 compensation to officers, appeal to, 189 
 
 practice of, in deciding appeals, 186-7 
 
 rules of, as to compensation to civil servants, 190 
 industrial schools, allowances for, 633 
 superannuation, &c., of teachers, powers as to 
 
 annuity fund, actuarial inquiries as to, 418 
 
 annuity tables, 420-1 ; 529-532 
 
 contributions to deferred annuity fund, 407 ; increase or 
 decrease of, 408, 412 
 
 decisions of questions as to, 424-5 
 
 disablement allowances, 413 
 
 payment of, 425 
 
 rules as to, making of, 424 
 
 superannuation allowances, 408 ; determination or suspension 
 of, 425
 
 INDEX. 767 
 
 TRUANT SCHOOLS. See also CERTIFIED INDUSTRIAL SCHOOLS. 
 superannuation, &c., of teachers, powers as to 
 establishment of, 331 
 
 model rules of Secretary of State as to, 331 
 order for sending children to, 327 
 
 TRUST DEED OF NON-PROVIDED SCHOOL 
 
 absence of, procedure in case of, 112-3 
 appointment of foundation managers under, 112 
 defects in, remedy of, 115 
 
 definition of, 167 ; orders, &c., included in, 114, 679 
 memorandum of Board of Education as to, 114, 678 
 order of Board of Education for altering, making, &c., of, 112-3 
 application for, 113 ; forms of, 117 ; notice of, 113, 118 
 cases in which order required, 115-6 
 
 circumstances to be had regard to in making order, 113, 118 
 interim order for, 113, 118 ; form of order, 691 
 memorandum of Board of Education as to, 1 14, 678 
 revocation, varying, &c., of order, 113-4 
 precedents of, 106 
 
 privately owned schools, trust deed in case of, 116, 679, 683 
 provisions of, when inconsistent with Education Acts, 193, 296 
 religious instruction in school to be in accordance with, 100, 106 ; 
 reference to bishop or other ecclesiastical authority as to, 
 loo, 106 
 
 TRUSTEES 
 
 constitution of education authority as, for educational endowments, 
 
 &c., 299, 300 
 of non-provided school : application by, for order as to trust deed, 
 
 113; form of application, 117, 680 
 discontinuance of school by, 117,679 
 
 notice to, of application and of proposed order, 113. See also 
 FOUNDATION MANAGERS ; TRUST DEED. 
 
 UNION. See also GUARDIANS, BOARDS OF ; WORKHOUSE SCHOOL. 
 definition of, 307, 588 
 
 URBAN DISTRICT COUNCIL. See also LOCAL EDUCATION 
 
 AUTHORITY. 
 Blind and Deaf Children Act, school authority under, 92 ; transfer 
 
 of property, &c., under, 176 
 
 borrowing by, 149-150,494-9. See also BORROWING, 
 county councillor for district, voting by, 161 
 Defective and Epileptic Children Act, school authority under, 92 ; 
 
 transfer of property under, 176 
 
 disqualification of members, temporary provision as to, 178 
 education authority for elementary education, condition of, 81-2 
 education committee, appointment of, 125-7 ; scheme for, 125. 
 
 See EDUCATION COMMITTEE. 
 elections of, use of schoolrooms for, 221 
 expenses of, 139, 343 ; contribution orders for, &c., 343-4 ; limit 
 
 of, for higher education, 88, 161 
 county council expenses for elementary education, where 
 
 district council are education authority, 139 
 higher education, powers of as to, 88. See HIGHER EDUCATION 
 industrial school, contribution to maintenance of child in, 361-2
 
 768 INDEX. 
 
 URBAN DISTRICT COUNCIL continued. 
 
 loans to school board, order of Local Government Board as to, 
 
 176 
 
 local acts, adaptations of, 194 
 
 management of schools, &c., outside area, arrangements for, 157 
 managers of elementary schools, appointment by, as education 
 
 authority, 95 ; as minor local authority, 95 ; in case of 
 
 grouped schools, 119; joint appointments, 167 
 minor local authority, inclusion in definition of, 166 
 relinquishment of powers, &c., 157 ; transfer of officers on, 181, 
 
 1 86 ; of property, &c., on, 174 
 Technical Instruction Acts, charge of liability under, 175 
 
 VEHICLES 
 
 for teachers or children attending school : power of education 
 authority to provide, 161 
 
 VESTRY 
 
 definition of, 202 
 
 VOLUNTARY SCHOOLS. See also MANAGERS ; PUBLIC ELEMEN- 
 TARY SCHOOLS. 
 associations of: 
 
 applications for alteration of trust deeds, 1 17 
 
 appointment by, of members of education committee, 125-6 
 
 constitution, &c., of governing body of: circular of Board of 
 
 Education, 688 
 
 formation of fund for repair of schools, 689-90 
 payment to, of aid grant for period before appointed day, 
 179, 688-90 
 
 VOLUNTARY SCHOOLS ACT, 1897.. 402 
 
 aid grant under, 109, no; payment for period before appointed 
 
 day, 179, 688-90 
 grant substituted for, 109 
 
 VOTE 
 
 casting vote of chairman of education committee, 171 ; managers, 
 
 173 
 
 voting by members of county council representing other educa- 
 tional areas, 161 
 
 WELSH INTERMEDIATE SCHOOLS 
 
 governing body for, abolition of, by schemes for education com- 
 mittees, 126-7 
 inspection of, organization for, 452 
 
 WENLOCK ELEMENTARY EDUCATION ACT.. 308 
 
 WOMEN 
 
 appointment of, on education committee, 126, 670, 674 
 qualification of, for being on education committee or body of 
 managers, 162 
 
 WORKHOUSE SCHOOL. See also GUARDIANS, BOARDS OF. 
 
 attendance at, certificates of, 552 ; definition of, 357, 552, 593 ; 
 regulations of Local Government Board as to, 592
 
 INDEX. 769 
 
 WORKHOUSE SCHOOL continued. 
 
 certified efficient school, condition of being, 352 ; certification of, 
 
 by Local Government Board, 353 
 definition of, 593, 595 
 
 proficiency, certificate of, mode of granting, 552 
 register of attendance at, regulations of Local Government Board 
 as to, 594 ; form of, 596-7 
 
 WORKSHOPS. See EMPLOYMENT OF CHILDREN ; INSPECTORS. 
 
 YOUNG PERSON 
 
 definition of, for purpose of Factory Act, 503 
 
 YOUTHFUL OFFENDERS ACT.. 518 
 
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 22 Forms of Preliminary Enquiry (Higher or Secondary 
 
 Education) : 
 
 (a) To Local Authorities ... ... per quire (48) 030 
 
 (6) .Governors of Endowed Secondary Schools 
 
 per quire (48) o 3 o 
 
 (c) Governors or Proprietors of Proprietary Schools 
 
 per quire (48) 030 
 
 (d) Covering Circular for Enclosure, with Forms 
 
 22a, b, and c ... ... ... per quire (48) 020 
 
 BOOKS AND FORMS FOR THE USE 
 
 OF 
 
 MANAGERS. 
 
 Minute Books s - & 
 
 Each Minute Book will contain a Copy of the Statutory 
 Rules, and a Model Form of Standing Orders for 
 the Proceedings of Managers : 
 
 Minute Book, foolscap, 2 quires, bound in cloth... ... o 4 6 
 
 (This is a Cheap Booh, suitable only for Small Schools.) 
 Minute Book, foolscap, 3 quires, half-bound ... ... o 7 6 
 
 (This is the style of Booh which is recommended for most 
 Schools. ) 
 
 Minute Book, 5 quires, hand-made paper, and bound in 
 
 leather ... ... ... ... ... ... ... 017 6 
 
 Every Body of Managers is required by the Act to keep a 
 Minute Book. 
 
 Letter Copying 1 Book, 4to 250 026 
 
 ... ... superior quality 056 
 
 fcap.... ... 250 o 3 o 
 
 ... ... superior quality 060 
 
 It will be essential that copies should be kept of all letters of 
 importance. 
 
 Wright's New Patent Portable Copying 1 Press, 4to.... 012 o 
 fcap. o 18 6 
 
 ANY OTHER KIND OF COPYING PRESS SUPPLIED TO ORDER. 
 
 4 and 4a, La Belle Sauvag-e, London, E.G.
 
 r. KNIGHT & Co.'s LIST of BOOKS & FORMS. 
 
 id Cash Book (arranged in a similar manner to the present s. d. 
 Alternative Cash Book, prescribed by the Order of the 
 Local Government Board for use by School Boards, 
 with various headings to facilitate the necessary Returns) 076 
 
 20. Petty Cash Book o i o 
 
 A more elaborate form can be supplied to order. 
 
 $a Order Check Book 046 
 
 ,, ,, (6 books with name of School and 
 
 local particulars filled in) ... .. ... ...150 
 
 4<z Treasurers' Book ... o 9 o 
 
 5 Pass Book 050 
 
 6a Cheque Book 036 
 
 ,, with Name, &c., filled in (to order) 
 
 7 a Appointment of Treasurer ...002 
 
 8a Bond 004 
 
 ioa Teachers' Salary Sheets (also supplied as a book, to 
 
 order)... ... ... ... ... ... per quire 030 
 
 na Abstract Book, i qr., ios. 6d. ; 2 qrs., 135. 6d. ; 3 qrs. 0176 
 
 This will not be required in Schools using a Cash Booh 
 in the form recommended (see above la). 
 
 120 Account of School Fees ... 2 quires 060 
 
 130 Sales Account ... 2 o 6 o 
 
 140 Stock and Stores Account ... 2 080 
 
 i6fl Log" Book, with lock and key ... ... o 12 6 
 
 i6a* without lock and key ... ... ... o 8 6 
 
 Forms for Requesting 1 Approval of Teachers by 
 
 Education Authority : 
 
 1 PRINCIPAL TEACHER ... per quire 33., or each o o i 
 
 2 ASSISTANT TEACHER ... ,, o o i 
 
 3 PUPIL TEACHER ... ,. o o i 
 
 4 PROBATIONER ... .. o o i 
 
 5 Form for Notifying Names of Foundation Managers to 
 
 Local Education Authority ... ... ... each o o i 
 
 6 Notice Convening Meeting of Managers, with Agenda, 
 
 including filling in Name of School, &c. per 5 quires 050 
 
 7 Application for Sanction to appoint a paid Correspondent 
 
 to Managers ... ... ... ... ... each 002 
 
 8 Notice of Appointment of Correspondent to Managers 
 
 each 002 
 
 4 and 4a, La Belle Sauvage, London, E.G.
 
 KNIGHT & Co.'s LIST of BOOKS & FORMS. 7 
 
 s> * 
 
 9 Notice of Intention to Provide New School per quire 030 
 
 ga to Enlarge Existing School 030 
 
 10 Form of Teacher's Application for appointment 030 
 ioa Covering 1 Circular for above 030 
 
 1 1 Notice of Examination in Religious Knowledge ,, 030 
 
 1 2 Form of Application to Local Education Authority for 
 
 Additional Staff ... ... ... ... ... each 002 
 
 13 Board of Education Form, 9 s a (Teachers' Pensions) 
 
 per quire 030 
 
 14 42 (Medical Certificate) 
 
 per quire 030 
 
 15 75 (Appointment of 
 Teacher) ... ... ... ... ... per quire 030 
 
 1 8 Scholars' Progress or Mark Book (for use of 
 
 Teachers) with space for noting results of Periodical 
 Examinations and Oral Lessons ... ... ... o 2 6 
 
 19 Form of Annual Report on Scholar ...in books, each oio 
 
 20 Agreement with Principal Teacher (Voluntary 
 Schools) ... ... ... ... per quire 38., or each 002 
 
 200. Ditto ditto ditto (Council 
 
 Schools) ... ... ... ... per quire 35., or each 002 
 
 21 Ditto ditto with Assistant Teacher 
 
 per quire 35., or each 002 
 
 22 Form of Medical Certificate in support of Claim under 
 
 Article 101* ... ... ... ... in books 046 
 
 KNIGHT'S NEW REGISTERS FOR USE IN 
 SCHOOLS, specially designed to meet Requirements 
 of School Teachers H. M. Inspectors, and the Board 
 of Education (designed by an official) : 
 
 23 Class Register, for 60 Children, showing Number 
 
 of Attendance claimable under Article 101* for 
 
 one year ... ... ... ... ... each 020 
 
 24 Admission Register, with Columns for Denomi- 
 
 nations of Parents and Particulars of Scholarship 
 Winners : 
 
 For 500 Names ... ... ... each 050 
 
 i,5 ,,076 
 
 3,000 O 12 O 
 
 4 and 4a, La Belle Sauvage, London, E.G.
 
 8 KNIGHT & Co.'s LIST of BOOKS & FORMS. 
 
 KNIGHT'S NEW REGISTERS FOR USE IN s. d. 
 SCHOOLS, continued 
 
 25 Summary Register for five years, so compiled 
 
 as to entail the least amount of labour in 
 preparation of the Statistics required by the 
 Board of Education, strongly bound ... each 050 
 
 26 Register of Special Subjects, designed to 
 
 enable this difficult Registration to be easily 
 performed each o i 6 
 
 240 List Of Children who have not regularly attended 
 School for transmission to the School Attendance 
 Officer ... ... ... ... ... per quire 030 
 
 246 Punishment Book v ... each 066 
 
 27 Certificate of Proficiency, 144(6) ... in books 020 
 
 28 Labour Certificate ( i a, Total Exemption) 146(0) 020 
 
 29 (2, Partial ) 146 (6) 020 
 
 30 (3, Agriculture) 146 (c) 020 
 
 31 Certificate Of Ag"e, for the purpose of Employment 
 
 144 (a) ... ... ... ... in books, each 020 
 
 32 Certificate of School Attendance, for the purpose 
 
 of Employment under the Education Acts, 1870-1902, 
 
 144(0) ... ... ... ... in books, each 020 
 
 33 Statutory Declaration by Parent as to age of Child 
 
 per quire 020 
 
 34 Conscience Clause (to be hung up in every School on 
 
 roller, varnished) ... ... ... ... each o i 6 
 
 35 Notice of Deposit of Annual Report of H. M. Inspector 
 
 per quire 030 
 
 School Portfolio 
 
 KNIGHT'S PATENT LEAF HOLDER with Screw Back, 
 firmly holding papers in position 
 
 PLAIN PORTFOLIO ... ... ... ... ... ... o i 6 
 
 Summary of the Law of School Attendance : 
 
 As a Pamphlet ... ... ... ... per 100 060 
 
 per 1000 2 10 o 
 
 As a Poster ... ... ... ... per too 086 
 
 per 250 too 
 
 Many thousands of these Posters and Pamphlets have 
 been supplied, and Managers will find them very useful 
 for distribution among Parents. 
 
 Stationery of aff fttn6s can Oe sUppfie6. 
 4 and 4a, La Belle Sauvag-e, London, E.G.
 
 KNIGHT & Co.'s LIST of BOOKS & FORMS. 9 
 
 BYELAWS. s. d. 
 
 36 Model Byelaws printed on hand-made paper, foolscap, 
 
 with spaces for interlineations and marginal notes, on 
 
 settling Byelaws ... ... ... ... per doz. 030 
 
 36a Notice of Making and Deposit of Byelaws by Local 
 
 Education Authority ... ... ... ...per quire 030 
 
 FOR SCHOOL ATTENDANCE OFFICERS : 
 
 37 Report Book. A Record of Proceedings as required 
 
 by Art. XII. of General Order of April i4th, 1877, 
 
 strongly bound ... ... ... ... ... ...080 
 
 38 Pocket Note Book for Attendance Officers, ruled, with 
 
 printed headings ... ... ... ... ... ... o 2 o 
 
 Strong Leather Wallet to contain same, with Pocket and 
 
 Pencil ... ... ... ... ... ... ... o 3 o 
 
 39 Notice and Warning to Parents as to Attendance of 
 
 Children at School, in books of 100, foolscap, with 
 counterfoil ... ... ... ... ... ... o 6 6 
 
 39# Ditto, small form for Pocket ... ... ... ... o 4 6 
 
 40 Notice to Attend School, in pursuance of Byelaws, to 
 
 be served on Parent or Person having custody of child 
 between 5 and 14 years old, in books of 100, with 
 duplicate copy of notice, &c. ... ... ... ... o 6 6 
 
 41 Notice to Employer as to Illegal Employment of Child, 
 
 in books of 100, with counterfoil ... ... ... o 6 6 
 
 42 Directions to Officer to institute proceedings for Non- 
 Attendance, &c. ... ... ... ... per quire 030 
 
 43 Register of Proceedings for Compulsory Attendance at 
 
 School ... o 10 o 
 
 44 Census Registers of Children between the ages of 
 5 and 14, strongly bound, with Index : 
 
 1,000 entries ... ...086 
 
 2,000 ,, ... ... o 10 6 
 
 3,000 ... o 13 6 
 
 4,000 ,, ... ... o 17 6 
 
 ANY OTHER SIZES TO ORDER. 
 
 4 and 4a, La Belle Sauvage, London, E.G.
 
 io KNIGHT & Co.'s LIST of BOOKS & FORMS. 
 
 LEGAL FORMS. 
 
 ALL AT THREE SHILLINGS PER QUIRE. 
 
 Breach of Byelaws 
 
 1 Complaint. 
 
 2 Summons. 
 
 3 Conviction. 
 3* Commitment. 
 
 3 Summons to produce Child. 
 
 36 Order directing that Child shall Attend School. 
 
 30 Certificates of Teacher as to Attendance of Child, or of 
 
 having reached a particular Standard. (Three Certificates 
 
 on One Sheet.) (Sub-sec. 5.) 
 
 Illegal Employment of Child 
 
 4 Complaint. 
 
 5 Summons. 
 
 6 Conviction. 
 
 Illegal Employment of Child by Parent 
 
 7 Complaint. 
 
 8 Summons. 
 
 9 Conviction. 
 
 Non-Attendance at School in cases of habitual neglect by 
 Parents 
 
 io Complaint. 
 
 n Summons. 
 
 12 Attendance Order. 
 
 Non-Attendance at School of Child habitually wandering or not 
 under proper control : 
 i za Complaint. 
 126 Summons, 
 j 2C Attendance Order. 
 
 4 and 4a, La Belle Sauvage, London, B.C.
 
 KNIGHT & Co.'s LIST of BOOKS & FORMS, n 
 
 LEGAL FORMS. 
 Non-Compliance with Attendance Orders in cases of habitual 
 neglect by Parents, and of Children habitually wandering or not 
 under proper control : 
 
 13 Complaint. 
 
 14 Summons. 
 
 15 Conviction. 
 150 Commitment. 
 
 Entry On Premises to ascertain as to Employment of Child : 
 17 Complaint for purpose of obtaining Order for Entry. 
 1 8 Order for Entry. 
 
 Refusal of Admission or Obstruction: 
 
 1 9 Complaint. 
 
 20 Summons. 
 
 21 Conviction. 
 
 Forms under Order in Council as to Certified Day Industrial 
 Schools : 
 
 22 Order of Detention. 
 
 23 Attendance Order. 
 
 24 Undertaking of Parent as to payment in case of Attendance 
 
 Order. 
 
 2 5 Order of Transfer. 
 
 Industrial Schools and Elementary Education Acts : 
 
 26 Order of Remand to Workhouse. 
 
 27 Order sending Child to Certified Industrial School. 
 
 Knigbt's Patent Rubber stamps, 
 
 WITH CURVED SURFACE; 
 
 Giving- a much Better Impression than the Ordinary Flat 
 
 Stamp, is recommended for use by all Authorities, 
 
 Committees, and Managers. 
 
 PRICES ON APPLICATION. 
 4 and 4a, La Belle Sauvag-e, London, E.G.
 
 Now Ready. Crown 8vo., 2s. 6d. net (post free). 
 
 OF 
 
 PUBLIC ELEMENTARY SCHOOLS 
 
 BEING A 
 
 HANDY MANUAL, 
 
 Founded on the Education Acts, Code, Revised 
 
 Instructions, and the Practice of the Board of 
 
 Education, 
 
 TOGETHER WITH THE 
 
 TEXT OF THE EDUCATION ACT, 1902, 
 
 AND AN INDEX THERETO. 
 
 The book has been compiled by an Official, and its aim is 
 to state in simple language, under comprehensive sub-heads, the 
 relations of School Managers to (i) Co-Managers, (2) the School 
 Building, (3) the Children, (4) the Teachers, (5) the School 
 Records, (6) the New Education Authority, (7) the Board of 
 Education, and (8) the General Public. 
 
 NOW READY. 
 Crown 8vo. Price, 3s. 6d. net. (post free) 
 
 HANDBOOK FOR MEMBERS 
 
 OF 
 
 LOCAL EDUCATION AUTHORITIES 
 
 AND 
 
 EDUCATION COMMITTEES, 
 
 With the Text of the Education Act, 1902, 
 
 And an INDEX thereto. 
 
 This book has also been compiled by an Official, and will be found 
 extremely useful to those persons for whom it is intended. It is clear, concise, 
 and accurate, and deals fully with the duties of Members of Local Education 
 Authorities.
 
 Now Ready. Price 7s. 6d. net. 
 
 THE 
 
 fibucation Bet 1902. 
 
 WITH 
 
 FULL EXPLANATORY NOTES and INTRODUCTION 
 
 W. A. CASSON, Barrister-at-Law, 
 
 (Late of the Legal Department of the Local Government Board and late 
 
 District Auditor, 
 Editor of the "LOCAL GOVERNMENT CHRONICLE.") 
 
 AND 
 
 G. CECIL WHITELEY, M.A., Barrister-at-Law. 
 
 This book is intended as a guide to the administration of 
 
 the new Act, especially In Its earliest stages, 
 
 and will be found to contain much valuable official and other 
 information of the greatest practical utility. It also 
 gives reliable advice as to the various steps to be taken under 
 the Act, and must prove of great assistance to all Officials and 
 Members of Local Education Authorities, Committees, and 
 Bodies of Managers. Mr. CASSON'S experience as an adviser on 
 these subjects is exceptional, and having held the positions above 
 referred to, his opinion and advice may be safely relied on as a 
 means of avoiding pitfalls under the new Act.
 
 THE 
 
 Xocal <3overnment 
 Cbronicle. 
 
 The Leading Journal devoted to Local Government. 
 
 ESTABLISHED NEARLY FIFTY YEARS. 
 
 Edited by W, A. CASSON, Barrister-at-Law, 
 
 Late of the Legal Department of the Local Government Board, and late 
 
 District Auditor. 
 
 The Local Government Chronicle has given more 
 attention to the Education Act than any other Local Govern- 
 ment paper. The progress of the Bill was carefully watched and noted 
 week by week, and many important articles on the Act have appeared in its 
 columns. 
 
 The Law Officers of the Crown have advised that publications containing 
 information immediately connected with the discharge of their duties by Local 
 Authorities, and likely to enable them to discharge such duties more efficiently 
 than they could do without such publications, may legally be purchased by 
 Local Authorities at the cost of the Rates. It is therefore competent for 
 Education Committees and School Managers, with the consent of the Local 
 Education Authority, to subscribe to the Local Government 
 
 Chronicle, and to charge the cost thereof in the accounts of 
 
 their Schools, as has been previously done in the case of School Boards. 
 
 Members and Managers will thus be able to make use of the " Queries " 
 Column whenever in doubt or difficulty in regard to their duties, and can thus 
 obtain the best and most skilled advice. This column forms a special feature of 
 the paper, and is open to all Subscribers. 
 
 The Local Government Chronicle is absolutely non-political 
 and unsectarian, and deals solely yrith the administrative duties of local 
 authorities. 
 
 Terms of Subscription : 
 
 3 months, 3s. 6d. ; 6 months, 6s. ; 
 12 months, 12s., post free.
 
 Los Angeles 
 This book is DUE on the last date stamped below. 
 
 OCT 1 5 1954 
 
 OCT 22 1954 
 
 SI 
 
 OCT 6 1956 
 
 JAN 2 1961 
 
 BJECT TO FINE IF NOT RETURNED TO 
 
 EDUCATION LIBRARY 
 
 Form L9-50ni-7.'54 (5990) 444 
 
 is. 
 
 eis, 
 
 -XPENCE, 
 
 A MONTHLY MAGAZINE FOR CHILDREN 
 
 Price Id. (Post Free, IJd.) 
 SPECIAL TERMS FOR QUANTITIES. 
 
 All communications as to Advertisements, Subscriptions, &c., to be addressed to the 
 
 MANAGER, 3, Racquet Court, Fleet Street, London, B.C. 
 
 Cheques and P.O.O.'s to be made payable at the FLEET STREET OFFICE, to 
 
 W. SHELLARD LATHAM. 
 
 REGISTERED TELEGRAPHIC ADDRESS: "SCHOOLMASTER, LONDON."
 
 LOCAL GOV] 
 
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 UCLA-ED/PSYCH Library 
 
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