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 proportions 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 transfer 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 Education 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 Vict., c. 86, sec. 13, post.

(5) The Education Department, in a letter addressed to Her Majesty's inspectors of schools, and dated the 13th of January, 1874, state with reference to this provision :-"During the time in which 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."

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 Education 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. (1)

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.

(1) 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 13th August, 1875 (p. 111).

MISCELLANEOUS POWERS OF SCHOOL BOARD.

Payment of School Fees.

25. The School Board may, if they think fit, from time to time, for a renewable period not exceeding six months, pay the whole or any part of the school fees payable at any public elementary school by any child resident in their district whose parent is in their opinion unable from poverty to pay the same; but no such payment shall be made or refused on condition of the child attending any public elementary school other than such as may be selected by the parent; and such payment shall not be deemed to be parochial relief given to such parent.

This section was repealed from the 1st of January, 1877, by sec. 10 of 39 & 40 Vict., c. 79, post. Under that enactment the guardians are alone empowered to pay the school fees of children of poor parents who are not paupers, and the case of pauper children is provided for by sec. 40 of that Art and sec. 5 of the 43 & 44 Vict., c. 23.

As to the remission of fees in schools provided by school boards, see sec. 17. See also 54 & 55 Vict., c. 56, sec. 8, as to the admission of children without payment of fees.

I

Establishment of Free School in Special Cases.

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

This section is repealed by the 54 & 55 Vict., c. 56. By sec. 8 of that Act it is provided that nothing in sec. 17 of the Elementary Education Act 1870, ante, shall prevent a school board from admitting scholars to any school provided by the board without requiring any fee.

Contribution to Industrial Schools.
29 & 30 Vict., c. 118.

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

borough the council of that borough shall cease to have power to contribute under that section.

By the Industrial Schools Act, 1866 (29 & 30 Vict., c. 118), an industrial school is defined as “a school 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 "certified industrial school."

it a

The classes of children who may under the Industrial Schools Act, 1866 (29 & 30 Vict., c. 118), and the Industrial Schools Acts Amendment Act, 1880 (43 & 44 Vict., c. 15), be sent to certified industrial schools, are as follows::

Any child apparently under the age of fourteen years who is brought before two justices or a magistrate and comes within any of the following descriptions: (1) 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; cr (6) that frequents the company of prostitutes

Any child apparently under the age of twelve years who is charged before two justices or a magistrate with an offence punishable by imprisonment or a less punishment, but has not been convicted of felony.

Any child apparently under the age of fourteen years whose parent or step-parent or guardian represents to two justices or a magistrate 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 or a magistrate 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.

In every case the order must be made by the two justices or magistrate before whom the child is brought, or before whom the representation with regard to the child is made, and it is necessary that the justices or magistrate, as the case may be, should be satisfied that it is expedient to deal with the child by sending him to a certified industrial school.

The Prevention of Crime Act, 1871 (34 & 35 Vict., 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 or a magistrate, shall have the power of ordering such children to be sent to a certified industrial school.

See also the provisions in secs. 12, 13, and 16 of the 39 & 40 Vict., c. 79, post, as to the children who, under that Act, may be sent to certified industrial schools.

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 Vict., c. 118, sec. 4, although there is no evidence of any act o 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 consequence 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 (R. v. Moore, 52 J. P., 375).

As regards the powers of the Secretary of State with respect to certified industrial schools, he may order the discharge of any child detained in a certified industrial school or the transfer of any child from one school to

another. The rules for the management and discipline of the 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 certificate.

A school board 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 schocl; 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 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, it is to be observed that the 36 & 37 Vict., c. 86, sec. 14, post, 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.

The Reformatory and Industrial Schools Amendment Act, 1872 (35 & 36 Vict., 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 authorise the prison authority themselves to undertake anything towards which they are authorised 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 Vict., c. 48), post, that "a school board shall have power themselves to undertake anything towards which they are authorised by the Industrial Schools Act, 1866, as applied by the