Act may, if they feel aggrieved by the proposed_order, apply in like manner for a public inquiry, and the Education Department shall cause a public inquiry to be held, and shall consider the report made to them upon such. inquiry before they make the order for such formation or dissolution.

As to persons authorised to apply for a public inquiry and the holding of such inquiry, see secs. 9 and 73.

See also sec. 41 of 39 & 40 Vict., c. 79, post, as to the dissolution of a school board under certain circumstances.

Order to be Evidence of Formation or Dissolution.

44. Any order of the Education Department forming or dissolving a united district shall be evidence of the formation or dissolution of such district, and after the expiration of three months from the date of such order the district shall be presumed to have been duly formed or dissolved, as the case may be, and no objection to the formation or dissolution thereof shall be entertained in any legal proceedings whatever.

Constitution of School Board in United School District.

45. The provisions in this Act respecting the constitution of the school board shall apply to the constitution of the school board in a united school district, and the name of the district shall be such as may be prescribed by the Education Department.

For provisions in respect to the constitution of the school board, see

sec. 29.

See also 37 & 38 Vict., c. 90, post.

Election of School Board in United School District.

46. In a united school district the school board shall be such number of members elected by the clectors of the district as may be specified in the order forming the district, subject nevertheless to alteration in the same manner as in the case of any other school board; and every person who in any of the districts constituting such united district would be entitled if it were not united to vote at the election of members of a school board for such constituent district shall be an elector for the purposes of

this section, and the provisions of this Act respecting the election of a school board in a district shall extend to the election of such members.

The number of members is in the first instance to be fixed by the Education Department; but afterwards may from time to time be altered by a resolution of the school board, approved by the Education Department (sec. 31). As to the provisions with reference to the persons entitled to vote in the election of the school board and the proceedings with regard to the election, see secs. 29, 31 and 48.

Arrangements on Formation of United District.

47. Where any part of a proposed united school district includes any district or part of a district in which there is a school board already acting under this Act, or where a united school district is dissolved, the Education Department may by order dissolve the then existing school board, or make all necessary changes in the constitution of such existing school board, and may by order make proper arrangements respecting the schools, property, rights, and liabilities of such board, and all arrangements which may be necessary.

The 37 & 38 Vict., c. 90, post, by sec. 4 also empowers the Education Department to "make orders directing that any school board which, at the date of any order for forming a united school district, exists in any of the school districts constituting such united school district, shall either with or without any change in the existing members, or in the number of the members thereof, be the school board for the united school district."

As to Small Parishes.

48. If the Education Department are of opinion that any parish in a united school district has too few ratepayers to be entitled to act as a separate parish for the purposes of this Act, they may by order direct that it shall for the purpose of voting for a member or members of the school board, and for all or any of the purposes of this Act, be added to another parish; and thereupon the persons who would be entitled to vote and attend the vestry if it were a parish shall be entitled, for the purpose of voting and for such purposes, to vote in and attend the vestry of the parish to which their parish is so added. All the parishes comprised in a united district, or any two or more of them, may be added together in pursuance of this section.

With regard to the persons entitled to vote in the election of a school board, see sec. 29.

CONTRIBUTORY DISTRICTS.

49. The Education Department may by order direct that one school district shall contribute towards the provision or maintenance of public elementary schools in another school district or districts, and in such case the former (or contributing district) shall pay to the latter (or school-owning district or districts) such proportion of the expenses of such provision or maintenance or a sum calculated in such manner as the Education Department may from time to time prescribe.

A school in one school district may be available, and afford sufficient public school accommodation, for a neighbouring district, and thus render it unnecessary to provide separate accommodation for that district. The section meets such cases by empowering the Education Department to require the last-mentioned district to contribute a certain proportion of the expenses of the provision or maintenance of the school or schools. Voluntary arrangements may also be made under sec. 52 for the combination of two or more school districts for the purpose of providing and maintaining schools common to such districts.

In R. v. Vane and others, Justices of Cumberland (51 L. J., M. C. 114; 47 L. T., N.S., 22), it was held (by Mr. Justice Field and Mr. Justice Cave) that when a parish which has no separate school board has been formed a contributory district to a school board district, the parish is under the jurisdiction of the School Attendance Committee of the district which includes the parish and not the school board of the district to which it is contributory. It devolves on the School Attendance Committee and not on the school board to make the bye-laws as to attendance at school for the parish and to enforce such bye-laws, and the parish is liable to contribute to the expenses of the School Attendance Committee in like manner as if it had not been made a contributory district.

Election of Members by Contributory District.

50. Where one school district contributes to the provision or maintenance of any school in another school district, such number of persons as the Education Department (having regard to the amount to be contributed by the contributing district) direct shall be elected in the contributing district, and shall be members of the school board of the schoolowning district, but such last-mentioned district shall, except so far as regards the raising of money and the attendance of children at school, be deemed alone to be the district of such school board; such members shall be elected by the school board, if any, or, if there is none, by the persons who would elect a school board if there were one, in the same manner as a school board would be elected.

It is clear from the provisions of this section and sec. 55 that it is contemplated that districts with school boards as well as districts without school boards may be contributory districts.

In the case of a casual vacancy occasioned by the death, resignation, or disqualification of a member of a school board elected under this section to represent a contributing district in which there is no school board, it would appear that the remaining members of the school board of the school-owning district, if a quorum, may, under the 39 & 40 Vict., c. 79, sec. 44, and Schedule 3, post, fill up the vacancy at a special meeting of the board called for the purpose.

Notices and Public Inquiry as to Contributory District.

51. The provisions of this Act with respect to the notices to be published, and the application for and the holding of a public inquiry in the case of an order for the formation of a united district, shall apply, mutatis mutandis, to an order respecting a contributory district.

An order respecting a contributory district shall be evidence of the formation of such district, and after the expiration of three months from the date thereof shall be presumed to have been duly made, and no objection to the legality thereof shall be entertained in any legal proceeding

whatever.

Any such order may be revoked or altered by an order of the Education Department, and a new order may be made in lieu thereof; and all the provisions of this Act respecting the making of an order for contribution shall apply to the making of an order for the revocation or alteration of an order for contribution.

As to the provisions with regard to an order for the formation of a united school district, see secs. 41 and 43.

Combination of School Boards.

52. The school boards of any two or more school districts, with the sanction of the Education Department, may combine together for any purpose relating to elementary schools 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 under the provisions of this Act with respect to the appointment of a body of managers, and for the proportion of the contributions to be paid by each

school district, and any other matters which, in the opinion of the Education Department, are necessary for carrying out such agreement, and the expenses of such joint body of managers shall be paid in the proportions specified in the agreement by each of the school boards out of their school fund.

In cases where school boards have combined for all purposes relating to elementary schools in their respective districts, the Order of Accounts issued by the Local Government Board authorises the keeping of one set of accounts in common (see p. 572).

EXPENSES.

School Fund of School Board.

53. The expenses of the school board under this Act shall be paid out of a fund called the school fund. There shall be carried to the school fund all moneys received as fees from scholars, or out of moneys provided by Parliament, or raised by way of loan, or in any manner whatever received by the school board, and any deficiency shall be raised by the school board as provided by this Act.

It is provided by sec. 30 of the 39 & 40 Vict., c. 79, post, that the expenses of a school board, as the "local authority" under that Act, shall be deemed to be expenses of the board under this Act.

As to mode of providing for a deficiency, see next section.

Deficiency of School Fund raised out of Rates.

54. Any sum required to meet any deficiency in the school fund, whether for satisfying past or future liabilities, shall be paid by the rating authority out of the local rate. (1)

The school board may serve their precept on the rating authority, requiring such authority to pay the amount specified therein to the treasurer of the school board out of the local rate, and such rating authority shall pay the same accordingly, and the receipt of such treasurer shall be a good discharge for the amount so paid, and the same shall be carried to the school fund. (2)

If the rating authority have no moneys in their hands in respect of the local rate, they shall, or if they have paid the amount then for the purpose of reimbursing themselves they may, notwithstanding any limit under any Act of