such parish and in the parishes constituting the district (1); and the overseers and other persons having the custody of such valuation lists and rate book shall, when required by the school board, produce such lists and rate book to the school board, and allow the school board and any person appointed by them to inspect the same, and take copies of or extracts therefrom. (2)

(1) By the term "valuation lists" must be intended the valuation lists in force under the Union Assessment Committee Acts. Special provision is made by sec. 16 of the 36 & 37 Vict., c. 86, post, with regard to the mode of ascertaining the rateable value of parishes in the metropolis.

(2) See also the further provision in sec. 7 of the 36 & 37 Vict., c. 86, post, with regard to the duty of overseers and other officers as to production of the rate book, and allowing its inspection or copying for the purposes of passing a resolution for an application for a school board or the election of a school board.

Mode of Publication of Notices.

80. Notices and other matters required by this Act to be published shall, unless otherwise expressly provided, be published:

(1.) By advertisement in some one or more of the newspapers circulating in the district or place to which

such notice relates:

(2.) By causing a copy of such notices or other matter to be published to be affixed, during not less than twelve hours in the day, on Sunday on or near the principal doors of every church and chapel in such district or place to which notices are usually affixed, and at every other place in such district or place at which notices are usually affixed.

This section is repealed by sec. 28 of the 36 & 37 Vict., c. 86, post For the substituted provision, see sec. 20 of that Act.

Notices may be served by post.

81. Certificates, notices, requisitions, orders, precepts, and all documents required by this Act to be served or sent may, unless otherwise expressly provided, be served and sent by post, and till the contrary is proved, shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such service or sending it shall be sufficient to prove that

the letter containing the certificate, notice, requisition, order, precept or document, was prepaid and properly addressed, and put into the post.

Notices to and by School Board.

82. Certificates, notices, requisitions, orders, and other documents may be served on a school board by serving the same on their clerk, or by sending the same to or delivering the same at the office of such board.

Certificates, notices, requisitions, orders, precepts, and other documents may be in writing or in print, or partly in writing and partly in print, and if requiring authentication by a school board, may be signed by their clerk.

Evidence of Orders, &c., of Education Department.

83. All orders, minutes, certificates, notices, requisitions, and documents of the Education Department, if purporting to be signed by some secretary or assistant secretary of the Education Department, shall, until the contrary is proved, be deemed to have been so signed and to have been made by the Education Department, and may be proved by the production of a copy thereof purporting to have been so signed.

The Documentary Evidence Act, 1868, shall apply to the Education Department in like manner as if the Education Department were mentioned in the first column of the schedule to that Act, and any member of the Education Department, or any secretary or assistant secretary of the Education Department, were mentioned in the second column of that schedule.

By the Documentary Evidence Act, 1868, primâ facie evidence of any order or regulation issued by the Privy Council, or by or under the authority of any such department of the Government or officer as is mentioned in the first column of the schedule to the Act, may be given in all courts of justice, and in all legal proceedings, by the production(1) of the London Gazette containing a copy of the order or regulation; or,

(2) of a copy of the order or regulation purporting to be printed by the Government printer; or,

(3) in the case of an order or regulation issued by the Privy Council, of a copy or extract purporting to be certified to be true by the clerk of the Privy Council, or by some one of the lords or others of the Privy Council, and in the case of any order or regulation issued by or under the authority of any of the

departments or officers above referred to, of a copy or extract purporting to be certified to be true by the person or persons specified in the second column of the schedule in connection with such department or officer.

No proof is to be required of the handwriting or official position of any person certifying, in pursuance of the Act, to the truth of any copy of or extract from an order or regulation.

Any person who prints any copy of any order or regulation which falsely purports to have been printed by the Government printer, or who tenders in evidence any copy which falsely purports to have been so printed, knowing that it was not so printed, or who forges or tenders in evidence, knowing the same to have been forged, any certificate by the Act authorised to be annexed to a copy of or any extract from any order or regulation, is guilty of felony; and on conviction is liable to penal servitude for the least term to which an offender can be sentenced to penal servitude under the Penal Servitude Act, 1864, or to be imprisoned for any term not exceeding two years with or without hard labour.

The provisions of this section are extended by sec. 45 of the 39 & 40 Vict., c. 79, post, so as to apply to orders and documents of the Education Department under that Act.

Effect of Requisitions of Education Department.

84. After the expiration of three months from the date of any order or requisition of the Education Department under this Act, such order or requisition shall be presumed to have been duly made, and to be within the powers of this Act, and no objection to the legality thereof shall be entertained in any legal proceeding whatever.

The provisions of this section are extended by the 39 & 40 Vict., c. 79, sec. 45, post, so as to apply to orders or documents of the Education Department under that Act.

With reference to this section see note, p. 494, as to the case R. v. Justices of Flintshire (R. v. Sankey and others), where it was held that a provision in the Regulations of the Education Department with regard to the passing of a resolution for an application for a school board, by which personation of a voter was made an offence, was ultra vires, and that objection to the validity of the regulation was not precluded, notwithstanding that three months had elapsed after the issue of the Order.

Appearance of School Board.

85. A school board may appear in all legal proceedings by their clerk, or by some member of the board authorised by a resolution of the board; and every such resolution shall appear upon the minutes of the proceedings of the board, but every such resolution shall, until the contrary is proved, be deemed in any legal proceeding to appear upon such minutes.

For provisions as to legal proceedings, see sec. 92 of this Act, secs. 23 & 24 of the 36 & 37 Vict., c. 86, and secs. 37, 38 and 50 of the 39 & 40 Vict., c. 79, post.

Tenure of Teacher and his Removal from House under secs. 17 and 18 of 4 & 5 Vict., c. 38.

86. The provisions of the School Sites Acts with respect to the tenure of the office of the schoolmaster or schoolmistress, and to the recovery of possession of any premises held over by a master or mistress who has been dismissed or ceased to hold office, shall extend to the case of any school provided by a school board, and of any master or mistress of such school, in the same manner as if the school board were the trustees or managers of the school as mentioned in those Acts.

The School Sites Act, 1841 (4 & 5 Vict., c. 38), which contains the provisions referred to (see secs. 17 and 18), will be found in the Appendix, p. 434.

In Rendall v. Blair, L. R., 45 Ch. D. 139, 59 L. J., Ch. 641, 38 W. R., 689, the plaintiff, a certificated teacher, had been appointed the head master of a national school, and had entered into possession of the school house by virtue of the appointment. The school was founded under a deed executed pursuant to the School Sites Act, 4 & 5 Vict., c. 38, and the 7 & 8 Vict., c. 37, a piece of land being conveyed upon trust to permit the premises to be used for a school and as a residence for the teacher. The deed provided that the selection, appointment, and dismissal of the school teachers should be in all respects under the control and management of the incumbent and his curate and four other persons to be nominated annually by the incumbent. The defendants, the vicar and four other persons acting as managers of the school, gave the plaintiff notice that his services at the expiration of three months would not be required. The plaintiff alleged that in consequence of certain invalid appointments some of the defendants were not managers of the school at the date of the notice of dismissal, and that if they were managers they had dismissed him improperly. He claimed an injunction to restrain the defendants from dismissing him from his office, and from electing any other person to the office, and from ejecting him from the school house occupied by him in virtue of his office. The plaintiff had not obtained under section 17 of the Charitable Trusts Act, 1853 (16 & 17 Vict., c. 137), a certificate from the Charity Commissioners authorising him to bring his action, and the defendants raised the objection to his right to sue that he had not first obtained this certificate.

The Court of Appeal (Bowen and Fry, L.JJ., Cotton, L.J., dissenting) held-reversing the decision of Kay, J.-that although the action might incidentally involve the consideration of the deed of trust of the charity, it was not such an action as required the consent of the Charity Commissioners. The Court further held that even if the consent of the Charity Commissioners were necessary, it was not necessary to obtain it

before the commencement of the action, and that it would not be right to dismiss the action without giving the plaintiff the opportunity of ascertaining whether the Commissioners would give their consent.

Ratepayer may inspect Books, &c., of School Board.

87. Every ratepayer in a school district may at all reasonable times, without payment, inspect and take copies of and extracts from all books and documents belonging to or under the control of the school board of such district. (1)

Any person who hinders a ratepayer from so inspecting or taking copies of or extracts from any book or document, or demands a fee for allowing him so to do, shall be liable, on summary conviction, to a penalty not exceeding five pounds for each offence. (2)

(1) The order of accounts of the Local Government Board renders it the duty of the clerk or accountant of the school board and the managers or their treasurer, to deposit the books and accounts for the inspection, &c., of the ratepayers for three clear days prior to the audit, and this they are to do whether any ratepayer applies for an inspection or not. See Article 20 of the Order, p. 574, in Appendix. This provision, however, in no way supersedes the requirements of this section.

(2) As to proceedings for the recovery of penalties, see secs. 85 and 92, and the 36 & 37 Vict., c. 86, secs. 23 and 24, post.

Penalty for making incorrect Return.

88. If any returning officer, clerk, or other person engaged in an election of a school board under this Act wilfully makes or causes to be made an incorrect return of the votes given at such election, every such offender shall, upon summary conviction, be liable to a penalty not exceeding fifty pounds.

For other offences with regard to elections, see secs. 90 and 91, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, in Appendix, p. 377.

Penalty on Personation of Voter.

89. If any person wilfully personates any person entitled to vote in the election of a school board under this Act, or answers falsely any question put to him in voting in pursuance of an order made under the second Schedule to this Act, or falsely assumes to act in the name or on the behalf of any person so entitled to vote, he shall be liable, on summary