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 entitled 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 considering the case before granting the summons.

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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 corporation 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 Q. 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 Curling (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 subscribers had any authority over, or responsibility for, such prosecutions, and the society never accepted any part of the penalties inflicted under the Cruelty to Animals Prevention Act, 1849, secs. 2, 18, 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.

(11) When bye-laws in pursuance of this section have been sanctioned, it is, under sec. 23 of the 39 & 40 Vict., c. 79, the express duty of the school board or other local authority to enforce the bye-laws.

The 39 & 40 Vict., c. 79, sec. 41, post, provides for the bye-laws of a school board continuing in force until revoked or repealed, although the school board by whom they were made may be dissolved.

See also secs. 33 and 36 of that Act, which provide for the bye-laws of

a school attendance committee continuing in force when a school board is constituted until revoked or altered by the school board.

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 endowment. (1)

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.

(1) The object of the Endowed Schools Act, 1869 (32 & 33 Vict., c. 56), was to authorise various changes in the government, management, 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 Vict., 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 Vict., 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 Vict., 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 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 commissioners 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."

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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."

(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 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 section 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 authorised regulations impressing upon it a denominational character does not fall within the 19th clause of the Endowed Schools Act, 1869, or the 7th clause of the Endowed Schools Act, 1873, 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 bene

factions 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 authorised 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 section 9. An annual sum temporarily applied to the purposes of the school is an endowment within the meaning of section 5. Section 19 does not relate to an endowment which has been (whatever its original foundation) subjected to a scheme providing 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 school board to become trustees for any educational endowment or charity for purposes connected with education, see sec. 13 of the 36 & 37 Vict., c. 86, post.

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 an 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.

As to the withdrawal of children from religious instruction and observances, see sec. 7, ante.

Parish divided by Boundaries of Boroughs.

77. Where a parish is situated partly within and partly without a borough, the part situate outside of the borough shall be taken to be for all the purposes of this Act, except as otherwise expressly mentioned, a parish by itself, and the ratepayers thereof may meet in vestry in the same manner in all respects as if they were the inhabitants of parish; every such meeting, and also the meeting for the purposes of this Act of the ratepayers of any parish (the ratepayers of which have not usually met in vestry), shall be deemed to be a vestry, and, save as provided by this Act, be subject to the Act of the fifty-eighth year of the reign of King George the Third, chapter sixty-nine, and the Acts amending the same, and, subject as aforesaid, shall be summoned by the persons and in the mode prescribed by the Education Department; and the overseers of the whole parish shall be deemed to be the overseers of any such part of a parish.

The provisions of this section are extended by the 39 & 40 Vict., c. 79, sec. 49, post. The section referred to provides for the levy by the overseers of a separate rate, or an addition to the poor rate, in parts of parishes.

As to the audit of the accounts of the overseers with reference to a rate made by them under this Act in respect of part of a parish, see note on sec. 49 of 39 & 40 Vict., c. 79, post.

Education Department may apply to Charity Commissioners under 16 & 17 Vict., 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 schoolhouse belonging to a school board, which may not be required by the board.

Ascertaining Rateable Value.

79. The rateable value of any parish or school district shall for the purposes of this Act be the rateable value as stated in the valuation lists, if any, and if there are none, then as stated in the rate book for the time being in force in