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 prison authorities in respect of contributing moneys in the case of an industrial school, the Reformatory and Industrial Schools Act, 1872 (35 & 36 Vict., 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 a 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 authorised 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."

The Reformatory and Industrial Schools Act, 1872 (35 & 36 Vict., 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 authorities 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 secs. 3 (7) and 38 (2 c) of the Local Government Act, 1888 (51 & 52 Vict., c. 41).

With respect to the power of a school board 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 Vict., c. 48, sec. 3, post.

As to the powers of a school board to establish, build, and maintain certified industrial schools, see sec. 28.

Under the Education Act, 1876 (39 & 40 Vict., c. 79, sec. 16), post, a prison authority within the meaning of the Industrial Schools Act, 1866, and a school board, have respectively the same powers in relation to a certified day industrial school as they have in relation to a certified industrial school.

The London School Board have undertaken to pay to the managers of certain certified industrial schools in respect of each child sent to the school at the instance of the board "during the period of his detention therein, or until the withdrawal or resignation of the certificate of the school, or until the contribution out of money provided by Parliament towards the custody and maintenance of children detained in the school is discontinued (whichever shall first happen), such a sum of money as will with the sum of money from time to time contributed per week by the Commissioners of Her Majesty's Treasury in respect of the same child, make up the total sum of seven shillings per week."

As to the powers of the council, guardians, or sanitary authority appointing a school attendance committee to contribute towards the maintenance of children in certified industrial schools, see sec. 4 of the 42 & 43 Vict., c. 48, post.

Under sec. 36 the school board may if they think fit appoint an officer 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 Vict., c. 79, post, as to the duty of school boards and school attendance committees 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 Education Department, establish, build, and maintain a certified industrial school within the meaning of the Industrial Schools Act, 1866, and shall for that purpose have the same powers as they have for the purpose of providing sufficient school 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. The powers of a school board with regard to providing school accommodation, which are applicable to the establishment and maintenance of industrial schools, are those set forth in secs. 18, 19, and 20. The school board have the same powers in relation to a certified day industrial school as they have in relation to a certified industrial school. (39 & 40 Vict., c. 79, sec. 16, post.)

See also provisions in secs. 12, 13, 14, 16, and 17 of the 39 & 40 Vict.,

c. 79, and secs. 2, 3, and 4 of the 42 & 43 Vict., c. 48, post, with regard to certified industrial schools and certified day industrial schools.

By sec. 15 of the 39 & 40 Vict., c. 79, the consent of one of Her Majesty's Secretaries of State, instead of that of the Education Department, is necessary to empower a school board to establish, build, or maintain a certified industr.al school, or to borrow money for the purpose.

With regard to an objection that sec. 3 of the 42 & 43 Vict., 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 furnishing a certified industrial school, Sir Henry James, when 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 contribute, or part of the cost of which they undertake to defray) the school board, with the consent of the Secretary of State, have, under the Elementary Education Acts of 1873 (36 & 37 Vict., c. 86, sec. 10), and 1876 (39 & 40 Vict. c. 79, sec. 15), the same powers of borrowing for a term of years as they have in the case of an elementary school, and that these powers are not taken away by the 42 & 43 Vict., c. 48, s. 3, which applies only to cases where a school board contribute to or undertake to provide for expenses of an industrial school not belonging to them.

The Local Government Board, by an Order dated the 11th of April, 1883, have prescribed the books and forms of account to be kept by the officers of a certified industrial school or certified day industrial school provided by a school board.

CONSTITUTION OF SCHOOL BOARDS.

School Board.

29. The school board shall be elected in manner provided by this Act,-in a borough by the persons whose names are on the burgess roll of such borough for the time being in force (1), and in a parish not situate in the metropolis by the ratepayers. (2)

At every such election every voter shall be entitled to a number of votes equal to the number of the members of the school board to be elected, and may give all such votes to one candidate, or may distribute them among the candidates, as he thinks fit. (3)

The school board in the metropolis shall be elected in manner hereinafter provided by this Act. (4)

(1) The school board are to be elected in every borough, with the exception of Oxford and Wenlock, by the persons whose names are on the burgess roll of the borough for the time being in force. Special provision is made with regard to the metropolis by sec. 37, as to Oxford by sec. 93, and as to Wenlock by the 37 & 38 Vict., c. 39, post.

As to the persons entitled to be enrolled as burgesses, see Municipal Corporations Act, 1882 (45 & 46 Vict., c. 50); and the Municipal Voters Relief Act, 1885 (48 Vict., c. 9).

Applying the principle laid down by the Court of Common Pleas, in

June, 1874, in the case of the Petersfield parliamentary election petition (Stowe v. Jolliffe, L. R., 9 C. P. 734; 43 L. J., N. S., C. P. 265; 30 L. T., N. S., 795), it would appear that the burgess roll must be considered as conclusive on the returning officer, even so far as regards persons who, by reason of any failure in the incidents or elements of the franchise, such as non-residence within the prescribed distance, non-occupation, or nonpayment of rates, could have been successfully objected to on the revision of the burgess roll. At the same time, it would seem that persons who, although on the burgess roll, have not the status of electors, either by prohibition of statute or at common law, would not be entitled to vote.

As to the statutory disqualifications for voting in a school board election by reason of corrupt or illegal practices in a parliamentary election, see secs. 3, 4, 6, 7, 8, 9, 10, 11, 18, 21, 22, 23, 28, 29, 33, 34, 43 and 46, of the Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict., c. 51). Under sec. 6 a person who is convicted on an indictment of any "corrupt practice" at a parliamentary election, is not capable during a period of seven years from the date of his conviction of being registered as an elector or voting at an election for any "public office," within the meaning of the Act. The term "public office” includes any office under the Elementary Education Acts. By sec. 4 it is provided that where upon the trial of an election petition respecting a parliamentary election for a county or a borough the election court by the report made to the Speaker reports that any corrupt practice other than treating or undue influence has been proved to have been committed in reference to the election by or with the knowledge and consent of any candidate at the election, or that the offence of treating or undue influence has been proved to have been committed in reference to the election by any candidate at the election, that candidate shall be subject to the same incapacities as if at the date of the report he had been convicted on an indictment of a corrupt practice. The expression "corrupt practice" means any of the following offences, viz.: bribery, personation, treating, undue influence, and aiding, abetting, counselling, and procuring the commission of the offence of personation. Any candidate or agent knowingly making the declaration of expenses required by sec. 33 falsely, is guilty of an offence which is to be deemed to be a corrupt practice.' Under sec. 10 a person guilty of an "illegal practice" is on summary conviction incapable during a period of five years from the date of his conviction of being registered as an elector or voting at any election for a public office within the meaning of the Act held for or within the county or borough in which the illegal practice has been committed. Sec. 11 provides that if upon the trial of an election petition respecting a parliamentary election for a county or a borough, the Election Court shall report that any illegal practice has been proved to have been committed with reference to the election by or with the knowledge and consent of any candidate at the election, that candidate shall be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice. With regard to what are to be deemed “illegal practices," see secs. 7, 8, 9, 18, 21, 25 (2), 28, 29 and 33. Every person who is reported by any Election Court or Election Commissioners to have been guilty of any corrupt or illegal practice at an election is, whether he obtained a certificate of indemnity or not, to be subjeet to the same incapacity as he would be subject to if he had at the date of such election been convicted of the offence of which he is reported to have been guilty, sec. 38 (5). When a person is prosecuted before an Election Court for any corrupt or illegal

practice and such person appears before the Court, such person it convicted thereof upon the trial is subject to the same incapacities as he is rendered subject to under the Act upon conviction whether on indictment or in any other proceeding for the offence (sec. 43). A person who in consequence of conviction or of the report of any Election Court or Election Commissioners has become incapable of voting at an election to any public office, is prohibited from voting at any such election and his vote is to be void (sec. 37). It is however to be observed that secs. 22, 23, 29, 34 and 46, provide that under certain specified circumstances a person may be excepted by the report of the Election Court or by an Order of the High Court of Justice from the incapacities which would otherwise attach to him in respect of a corrupt or illegal practice.

With regard to disqualifications in respect of corrupt or illegal practices in connection with a municipal election, see The Municipal Elections (Corrupt and Illegal Practices Act), 1884 (47 & 48 Vict., c. 70), in Appendix, p. 377. Sec. 2 provides that a person who commits any corrupt practice in reference to a municipal election shall be guilty of the like offence and shall on conviction be liable to the like incapacities as if the corrupt practice had been committed in reference to a parliamentary election, see ante. By sec. 3 it is provided that where upon the trial of an election petition respecting a municipal election for a borough, or ward of a borough, it is found by the report of an Election Court made in pursuance of sec. 93 of the Municipal Corporations Act, 1882, that any corrupt practice other than treating and undue influence has been proved to have been committed in reference to the election by or with the knowledge and consent of any candidate at the election, or that the offence of treating or undue influence has been proved to have been committed in reference to the election by any candidate at the election, that candidate shall be subject to the same incapacity as if at the date of the report he had been convicted of a corrupt practice. For definition of the term "corrupt practice," see sec 2 and sec. 21 (5). By sec. 7 it is provided that a person guilty of an illegal practice in reference to a municipal election is on summary conviction incapable during a period of five years from the date of his conviction of being registered as an elector or voting at any election for a "public office" within the meaning of the Act held for or within the borough in which the illegal practice has been committed. The term "public office" is defined as including any office under the Elementary Education Acts. Sec. 8 provides that if upon the trial of an election petition respecting a municipal election for a borough or ward of a borough the Election Court report that a candidate at the election has himself been guilty of an illegal practice in reference to the election, the candidate shall be subject to the same incapacities as if at the date of the report he had been convicted of the illegal practice. As to what are illegal practices, see secs. 4, 5, 6, 14, 17, 21 and 36 (g) of the Act. Sec. 23 renders applicable the provision in the Corrupt and Illegal Practices Prevention Act, 1883, which is to the effect that a person who is reported by an Election Court to have been guilty of any corrupt or illegal practice at an election shall, whether he obtained a certificate of indemnity or not, be subject to the same incapacity as he would be subject to if he had at the date of the election been guilty of the offence of which he is reported to have been guilty. Where a person is prosecuted before an Election Court for any corrupt or illegal practice, and such person appears before the Court, the Court may proceed to try him summarily for the offence, and such person if convicted thereof upon the trial is to be subject to