SECOND SCHEDULE.

FIRST PART.

RULES RESPECTING ELECTION AND RETIREMENT OF MEMBERS OF A SCHOOL BOARD.

1. The election of a School Board shall be held at such time, and in such manner, and in accordance with such regulations as the Education Department may from time to time by order prescribe, and the Education Department may by order appoint or direct the appointment of any officers requisite for the purpose of such election, and do all other necessary things preliminary or incidental to such election: Provided, that any poll shall be taken in the metropolis in like manner as a poll is taken under "The Metropolis Management Act, 1855," and shall be taken in any other district in like manner as a poll of burgesses or ratepayers (as the case may be) is usually taken in such district.

The Rule No. 1 in this schedule is repealed by secs. 6 and 28 of the 36 & 37 Vict., c. 86, post. The substituted provisions are contained in the second Schedule to that Act.

2. The expenses of the election and taking the poll in any district other than the metropolis shall be paid by the school board out of the school fund.

The orders of the Education Department, with reference to elections, contain a provision to the effect that if any question arises between the returning officer and the school board as to the expenses of the election and the remuneration of the returning officer and his assistants, the question shall be referred to the Education Department, whose decision shall be final and conclusive. See also p. 257 as to scale of charges prescribed by the Education Department. As to the school fund, see sec. 53, ante.

3. An order made by the Education Department under the power contained in this part of this schedule shall, as regards any election held before the first day of September one thousand eight hundred and seventy-one, be deemed to be within the powers of this schedule and to have been duly made and have effect as if it were enacted in this schedule, but shall not be of any force as regards any election after the said date unless it has been confirmed by Parliament.

By 34 & 35 Vict., c. 94 (The Elementary Education Elections Act, 1871), and 35 & 36 Vict., c. 59 (The Elementary Education Elections Act, 1872), the 1st of September, 1872, and the 1st of September, 1873, were substituted for the date specified in this rule. As to the subsequent confirmation of orders and regulations, see sec. 5 of the 36 & 37 Vict., c. 86, post.

The rule is now repealed by secs. 6 and 28 of the 36 & 37 Vict., c. 86, post. The substituted provisions are contained in the second Schedule to that Act.

4. Any such order so far as relates to the metropolis shall supersede any provisions contained in the Acts relating to the election of common councilmen, and in the Metropolis Management Act, 1855, and the Acts amending the same.

With regard to the election of the School Board for London, see sec. 37, ante.

5. If from any cause no members are elected at the time at which they ought to be elected in accordance with this Act, then

(a.) In the case of the first election the Education

Department may appoint another day for the election, or may proceed as in the case of a school board in default:

(b.) In the case of a triennial election the retiring members, or so many as are willing to serve, shall be deemed to be re-elected, or, if all the retiring members refuse to serve, the Education Department may appoint another day for the election, or may proceed as in the case of a school board in default.

See also provisions in secs. 32 and 66 as to the powers of the Education Department when the school board are not elected at the time fixed, or cease to be in existence, or to be of sufficient number to form a quorum.

As regards the proceedings of the Education Department when a school board is in default, see secs. 63-66.

6. If an insufficient number of members are elected, or if in the case of no members being elected, some of the retiring members are and some are not willing to serve, the school board, so far as it is constituted, shall elect a person to fill each vacancy.

7. No election under this Act shall be questioned on the ground of the title of the returning officer, or any person

presiding at the poll, or any officer connected with the election.

8. Notice of the election of a person to be a member of the school board shall be sent to that person by the returning officer: in the case of the first election such notice shall be accompanied by a summons to attend the first meeting of the school board at the prescribed time.

As to the prescribed time for the first meeting of the school board, see Schedule 3, No. 1 (a). As to the first meeting after the triennial elections, see 36 & 37 Vict., c. 86, Third Schedule (b), post.

9. The day for the triennial retirement of members shall be the prescribed day.

The orders of the Education Department with regard to triennial elections in boroughs and parishes provide that "the day for the triennial retirement of members shall be the same day of the year as that which was fixed for the first election of the school board."

10. The first members shall retire from office on the day for retirement which comes next after the expiration of three years from the day fixed for the first election.

See, Rule 9, supra, as to the day for retirement.

11. Members chosen to fill the offices of retiring members shall come into office on the day for retirement, and shall hold office for three years only.

As to day for retirement, see Rule 9, supra.

12. Any person who ceases to be a member of the school board shall, unless disqualified as hereinafter mentioned, be re-eligible.

See note on Rule 14 as to the non-eligibility in cases of disqualification provided for by that rule.

13. A member of the school board may resign on giving to the board one month's previous notice in writing of his intention so to do.

The Education Department have expressed an opinion that a member may withdraw his resignation within the month's notice.

As to the filling up of casual vacancies caused by resignations, see 39 & 40 Vict., c. 79, sec. 44, and Schedule 3 to that Act, post.

14. If a member of the school board absents himself during six successive months from all meetings of the

board, except from temporary illness or other cause to be approved by the board, or is punished with imprisonment for any crime, or is adjudged bankrupt, or enters into a composition or arrangement with his creditors, such person shall cease to be a member of the school board, and his office shall thereupon be vacant.

With regard to absence from meetings of the board, it has been held by the Education Department that the office of the member is not determined when the cause of the absence is approved by the school board, although the approval is not given until after the absence from all meetings of the board for six successive months. When the absence has been on account of temporary illness, no approval of the board is required.

It would appear from Rule 12 that a person who ceases to be a member of the school board by operation of this rule will not be "re-eligible." In Re Turmine, L. R., 4 Q. B. D. 79; 48 L. J., N.S., Q. B. D. 5; 39 L. T., N.S., 255, it was held that this non-eligibility does not apply to a triennial election which is held after the casual vacancy occasioned by the disqualification has been filled up.

As regards the vacation of office by imprisonment for crime it appeared, in Conybeare v. The London School Board (L. R. [1891] 1 Q. B. 118, 63 L. T., 651), that the plaintiff whilst a member of a school board, was convicted in Ireland on a charge under the Criminal Law and Procedure (Ireland) Act (50 & 51 Vict., c. 120) of having taken part in a criminal conspiracy to interfere with the administration of the law, and was ordered to be imprisoned for three calendar months with hard labour. The conviction was appealed against, but was upheld by Quarter Sessions, and the plaintiff was imprisoned for three months in accordance with the sentence. The question was raised whether by this imprisonment he vacated his office as a member of the school board, and it was held by the High Court that he had been "punished with imprisonment for a crime," and that his office as a member of the board had become vacant. With regard to bankruptcy, the Bankruptcy Act, 1883 (46 & 47 Vict., c. 52), makes special provision. It not only enacts that if a person is adjudged bankrupt whilst holding the office of member of a school board his office shall thereupon become vacant (sec. 34), but that he shall be disqualified for being elected to or holding or exercising the office of member of a school board unless and until the adjudication of bankruptcy against him is annulled or he obtains from the court his discharge with a certificate to the effect that his bankruptcy was caused by misfortune without any misconduct on his part (sec. 32). As regards the latter provision however, the Bankruptcy Act, 1890 (53 & 54 Vict., c. 71), by sec. 9 provides that no such disqualification shall exceed a period of five years from the date of any discharge which may have been or may hereafter be granted. Compositions and schemes of arrangement with creditors may be made under the Bankruptcy Act, 1883 (46 & 47 Vict., c. 52, sec. 18), and the Bankruptcy Act, 1890 (53 & 54 Vict., c. 71).

As to filling up casual vacancies caused by disqualification under this rule, see 39 & 40 Vict., c. 79, sec. 44, and Schedule 3 to that Act, post.

15. If any casual vacancy in office occurs by death, resignation, disqualification, or otherwise, an election shall

be held in manner directed by an order made under the power contained in this part of this schedule.

This rule is repealed by sec. 44 of the 39 & 40 Vict., c. 79, post. The rule which is substituted for it is set forth in Schedule 3 to that Act. The effect of it is, that a casual vacancy in the office of a member of a school board may be filled up by the remaining members of the school board, if a quorum, at a special meeting of the board called for that purpose.

16. If by any means the number of members of a school board is reduced to less than the number required for a quorum, the Education Department may proceed as if such board were a board in default, or may direct an election to be held to fill up the vacancies in manner directed by an order made under the power contained in this part of this schedule.

As to the quorum of members, see the Third Schedule, No. 1 (d). See also provisions in secs. 32 and 66 as to the powers of the Education Department when the school board cease to be of sufficient number to form a quorum, and the provisions of secs. 63-66 as to the proceedings that may be taken by the Education Department when a school board are in default, or are not properly performing their duties.

17. The member chosen to fill up a casual vacancy shall retain his office so long only as the vacating member would have retained the same if no vacancy had occurred.

18. If the number of the board is reduced in pursuance of the provisions of this Act, the chairman of the board shall at some meeting, as soon as may be after such reduction, determine by ballot on the members who shall retire, so as to reduce the number of the board to the number to which it is so reduced.

For provisions with reference to the alteration of the number of members, see sec. 31, No. 1, and sec. 39.

19. The term "prescribed" in this schedule means prescribed by some minute or order of the Education Department.