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 20th 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 office of clerk to a local board, which is held during the pleasure of the local board, a quo warranto 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.

In Re School Board of Castleford, 25 L. T., N.S., 459, the Court of Queen's Bench refused an application for a quo warranto against the clerk of the school board. The grounds on which the motion was made were, that notice was not sent to every member of the school board prior to the appointment being made, as required by this section, 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 Vict., 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 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 Government Board, on an appeal, reversed the auditor's decision.

If a sum is assigned to the treasurer nominally as salary, but in fact by way of payment in lieu of interest for advances made by him to the school board, 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 Education Department for 1889-90 that the average salary of a certificated master was 1197. 125. and of a schoolmistress 75. 95. Id. In addition to these emoluments 5906 out of 17,449 masters and 4673 out of 26,139 mistresses were provided with

residences free of rent. These averages were calculated upon the whole of the certificated teachers whether principals or assistants. Of the certificated masters (principal teachers) 73 were in receipt of salaries under 50l.; 977, 50l. and less than 751.; 2634, 751. and less than 100l.; 4947, 100l. and less than 150/.; 1903, 150l. and less than 200/.; 829, 200l. and less than 250/.; 395, 250l. and less than 300l.; and 332, 300l. and over. Of the certificated assistant masters 174 were in receipt of salaries under 50l.; 1917, 50l. and less than 751; 1405, 75%. and less than 100l.; 1679, 100l. and less than 150/.; 178, 150l. and less than 200l.; 5, 200l. and less than 250%.; and 1, 300l. and over. Of the certificated mistresses (principal teachers), 261 received salaries under 401.; 532, 40l. and less than 45.; 685, 45. and less than 50%.; 7380, 50%. and less than 75.; 3974, 757. and less than 100l.; 2359, 100l. and less than 150%.; 670, 150l. and less than 200/.; 389, 200l. and over. Of the certificated mistresses (assistants), 939 received salaries under 40/.; 1237, 40l. and less than 45.; 909, 451. and less than 50%.; 3424, 50l. and less than 757; 2013, 751. and less than 100l.; 1363, tool. and less than 150%; and 4, 150%. and less than 200/.

The Education Department have expressed a strong opinion adverse to an arrangement under which the head teacher of a school was entrusted with the duty of paying the salaries of the assistant teachers in the school. The New Code of the Education Department contains a clause to the effect that a paid teacher cannot act as correspondent for the school in which he is employed (Art. 9). Lay persons alone are recognised as teachers in day schools (Art. 32). No paid teachers who are members or officers of school boards can be recognised as part of the school staff (Art. 71), and it is one of the conditions of a grant to a school that the principal teacher shall not be allowed to undertake duties not connected with the school which occupy any part whatever of the school hours, or of the time appointed for the special instruction of pupil teachers (Art. 85).

With respect to the income tax payable by a schoolmaster of a public elementary school, where his wife held the office of schoolmistress in the same school, the offices being held at a joint salary, the question was raised in Bowers v. Harding (L. R. [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.

As to the appointment of a member of the school board to a place of profit, the appointment to which is vested in the board, see sec. 34. The question has been raised whether a member of the board can be appointed treasurer without salary. As the treasurer would have the advantage arising from the use of the balance in his hands, it would probably be held to render the office a place of profit if the balance was considerable. See Delane v. Hillcoat, 9 B. & C. 310.

When an officer is required to give security for the due discharge of his duties the cost of the bond should be borne by the officer and not by the school board.

There have been 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 have obtained the opinion of the law officers of the Crown as to the legality of these charges. The Board, acting on that opinion, now hold that if the school board by advertisement notify that they will pay the expenses of persons offering themselves as candidates for offices to which the board have power to appoint, and an application is made on the faith of this notification, it will be lawful for the board to pay the expenses of the applicant; but that when there has been no such notification, the expenses cannot legally be paid by them. Where the board expressly request the attendance of a particular candidate, they may enter into a contract with him that they will pay his expenses, and in that case the payment by the board will be a legal one.

The clerk of a school board is not disqualified for the office of guardian of the poor on the ground that his salary is paid out of the poor rate within the meaning of the & 6 Vict., c. 57, S. 14. R. 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 (including school boards) 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 otherwise on account of any member, officer or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the public body is concerned.

(2) For provisions as to combinations of school boards, see sec. 52. (3) The duties of officers as to books and accounts are prescribed by the order of the Local Government Board (see Appendix, p. 565).

Officer to enforce Attendance 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.

The 39 & 40 Vict., c. 79, by sec. 38, post, provides that 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 the board.

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 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, as to certified 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 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 shewed 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

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bring according to law "before two justices," and "according to law must mean by summons. The justices clearly have jurisdiction to issue a summons for the purpose.

As to the school fund, see sec. 54.

SCHOOL BOARD IN METROPOLIS.

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

(1.) The school board shall consist of such number of members elected by the divisions specified in the fifth schedule to this Act as the Education Department may by order fix : (1)

(2.) The Education Department, as soon as may be after the passing of this Act, shall by order determine the boundaries of the said divisions for the purposes of this Act, and the number of members to be elected by each such division: (2)

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

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

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(5.) At every election for each division every voter shall

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

(6.) Subject to the provisions contained in this section and in any order made by the Education Department under the power contained in the second schedule to this Act, the members of the board shall, in the city of London, be elected by the same persons and in like manner as common councilmen are elected, and in the other divisions of the metropolis shall be elected by the same persons and in the same manner as vestrymen under the Metropolis Management Act, 1855, and the Acts amending the same; and, subject as aforesaid, the Acts relating to the election of common councilmen, and sections fourteen to nineteen, and twenty-one to twentyseven, all inclusive, of the Metropolis Management Act, 1855, and section thirty-six of the Metropolis Management Amendment Act, 1862, shall, so far as is consistent with the tenor thereof, apply in the case of the election of members of the school board : (6)

(7.) The school board shall proceed at once to supply their district with sufficient public school accommodation, and any requisition sent by the Education Department to such board may relate to any of the divisions mentioned in the fifth schedule to this Act in like manner as if it were a school district, and it shall not be necessary for the Education Department to publish any notices before sending such requisition :

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

(9.) The chairman of the school board shall be elected by the school board, and any chairman who may be elected by the board may be elected either