SECOND PART. RULES RESPECTING RESOLUTIONS FOR APPLICATION FOR SCHOOL BOARD.1 1. The meeting of a council for the purpose of passing such a resolution shall be summoned in the manner in which a meeting of the council is ordinarily summoned, and the resolution shall be passed by a majority of the members present and voting on the question. 2. The resolution passed by the persons who would elect the school board shall be passed in like manner as near as may be as that in which a member of the school board is elected, with such necessary modifications as may be contained in any order made under the powers of the first part of this schedule, and such powers shall extend to the passing of the resolution in like manner as if it were an election, but the expenses incurred with reference to such a resolution shall be paid by the overseers out of the poor rate. The orders of the Education Department with respect to the passing of resolutions for applications for school boards in parishes contain a provision to the effect that if any question arises between the summoning officer and the overseers as to the expenses incurred by him and the remuneration for his services, the question shall be referred to the Education Department, whose decision shall be final and conclusive. The passing of a resolution for an application for a school board may not be questioned except within six months after the date of the passing of the resolution (36 & 37 Vict., c. 86, sec. 9, post). 3. If a resolution is rejected, the resolution shall not be again proposed until the lapse of twelve months from the date of such rejection. THIRD PART. RULES FOR ELECTION OF SCHOOL BOARD IN 1. If any person be returned for more than one division, he shall, at, or before the first meeting of the school board 1 See sec. 12, ante, and 36 & 37 Vict., c. 86, sec. 11, post, with reference to applications for school boards. The orders containing the regulations of the Education Department with regard to the passing of resolutions for applications for school boards in parishes not situate in boroughs' or the metropolis, and for school boards for united districts, will be found in the Appendix, pp. 491, 497. 2 See also sec. 37, as to the election of the School Board for London. after such election, signify in writing to the board his decision as to the division which he may desire to represent on such return, and if he fails so to do the school board shall decide the division which he shall represent; and upon any such decision the office of member for the other division shall be deemed vacant. Such vacancy shall be filled up by an election to be held in manner directed by an order made under the power contained in the first part of this schedule. For the several divisions of the metropolis, see sec. 37. 2. The provisions in the first part of this schedule shall apply in the case of the school board in the metropolis. 3. The provisions in the first part of this schedule with respect to the proceedings in the case of no members being elected for a school district shall not only apply to the whole of the metropolis, but shall apply to the case of no members being elected for any particular division, with this qualification, that the Education Department shall not proceed as in the case of a school board in default, but may direct that persons may be elected by the school board to be members for such division. See Rules 5 and 6 in first part of the schedule. 4. In the places named in schedule (C) to "The Metropolis Management Act, 1855," the expenses of the election shall be paid out of the local rate, and such rate, or any increase of the rate, may be levied for the purpose. For places included in Schedule C of the Metropolis Management Act, see sec. 3, note. As to the local rate, see sec. 4. 5. The day for the retirement of members from office shall be the first day of December. 6. Any casual election shall be held on the day fixed by the school board, and shall be an election for the division a member for which has created the vacancy. The words "shall be held on the day fixed by the school board" in this rule were repealed by sec. 28 of the 36 & 37 Vict., c. 86, post. The whole rule is now repealed by sec. 52 of the 39 & 40 Vict., c. 79, post. As to the mode in which casual vacancies may be filled up, see Schedule 3 of the last-mentioned Act. 7. If any vacancy is filled up by the school board, the election shall be by the whole school board. THIRD SCHEDULE. Proceedings of School Board. 1. The board shall meet for the despatch of business, and shall from time to time make such regulations with respect to the summoning, notice, place, management, and adjournment, of such meetings, and generally with respect to the transaction and management of business, including the quorum at meetings of the board, as they think fit, subject to the following conditions: (a.) The first meeting shall be held on the third Thursday after the election of the board, and if not held on that day shall be held on some day to be fixed by the Education Department: Although the first meeting of the school board may be held on the day named, in the case of a school board appointed after the 1st of January, 1877, the school attendance committee, acting as the local authority under the 39 & 40 Vict., c. 79, post, are, under sec. 36 of that statute, to continue so to act until the expiration of two months after the election of the board. See also the provision in sec. 33 of that Act as to a school attendance committee appointed by an urban sanitary authority continuing to act until the expiration of two months after the election of a school board. (b.) Not less than one ordinary meeting shall be held in each month; one meeting shall be held as soon as possible after every triennial election of members: This rule is repealed by secs. 21 & 28 of the 36 & 37 Vict., c. 86, post. The substituted rule is contained in Schedule 3 (b) to that Act. (c.) An extraordinary meeting may be held at any time on the written requisition of three members of the board addressed to the clerk of the board: (d.) The quorum to be fixed by the board shall consist of not less than three members, and in the case of the metropolis, not less than nine members: (e.) Every question shall be decided by a majority of votes of the members present and voting on that question: This is subject to the provision in Rule 5 as to the chairman having a second or casting vote in the case of an equality of votes. (f.) The names of the members present, as well as of those voting upon each question, shall be recorded: (1) (g) No business involving the appointment or dismissal of a teacher, any new expense, or any payment (except the ordinary periodical payments), or any business which under this Act requires the consent of the Education Department, shall be transacted unless notice in writing of such business has been sent to every member of the board seven days at least before the meeting. (1) (1) These rules are repealed by secs. 21 and 28 of the 36 & 37 Vict., c. 86, post. The substituted rules are contained in Schedule 3 (ƒ and g) to that Act. 2. The board shall after the first meeting, and afterwards from time to time at their first meeting after each triennial election, appoint some person to be chairman, and one other person to be vice-chairman, for the three years for which the board hold office. Sec. 37, No. 9, enacts that the chairman of the School Board for London may be elected "either from the members of the board or not"; and the question has been raised whether, as under this clause of the schedule it is provided that the school board shall elect some person to be chairman, and one other person to be vice-chairman, it is competent to a school board, other than that for London, to appoint as chairman and vice-chairman persons who are not members of the board. The Education Department have intimated that, in their opinion, the chairman and vice-chairman in every such case must be chosen from the members of the board. In two instances school boards elected as chairmen gentlemen who were not members of the school board, but the Education Department declining to recognise them as the chairmen of the boards, they resigned, and members of the boards were appointed in their place. In more than one instance ladies have been elected as "chairmen." See note to Rule 1 as to the school attendance committee, in certain cases continuing to act until the expiration of two months after the first election of a school board. 3. If any casual vacancy occurs in the office of chairman or vice-chairman, the board shall, as soon as they conveniently can after the occurrence of such vacancy, choose one of their members to fill such vacancy, and every such chairman or vice-chairman so elected as last aforesaid shall continue in office so long only as the person in whose place he may be so elected would have been entitled to continue if such vacancy had not happened. 4. If at any meeting the chairman is not present at the time appointed for holding the same, the vice-chairman shall be the chairman of the meeting; and if neither the chairman nor vice-chairman shall be present, then the Q members present shall choose some one of their number to be chairman of such meeting. 5. In case of an equality of votes at any meeting, the chairman for the time being of such meeting shall have a second or casting vote. The presiding chairman is entitled to have his vote on any question recorded in the same manner as any other member of the board present at the meeting, and if the votes are then found to be equal, he will be entitled to give a second or casting vote. If the chairman has not already voted, and the votes are found to be equal, he may give his casting vote. When the chairman intends to vote on a question (irrespective of his casting vote), he should give his vote before declaring the numbers voting for and against the motion. 6. All orders of the board for payment of money, and all precepts issued by the board, shall be deemed to be duly executed if signed by two or more members of the board authorised to sign them by a resolution of the board, and countersigned by the clerk; but in any legal proceeding it shall be presumed, until the contrary is proved, that the members signing any such order or precept were authorised to sign them. The Commissioners of Inland Revenue have intimated that "there is no exemption from stamp duty in favour of cheques drawn by school boards." 7. The appointment of any officer of the board may be made by a minute of the board, signed by the chairman of the board, and countersigned by the clerk (if any) of the board, and any appointment so made shall be as valid as if it were made under the seal of the board. The appointments of officers are not now liable to stamp duty. See note to sec. 30, ante, as to the cases of Scott v. Great and Little Clifton School Board, and Rees v. Ramsey School Board. 8. Precepts of the board may be in the form given at the end of this schedule. Proceedings of Managers appointed by a School Board.(1) The managers may elect a chairman of their meetings. If no such chairman is elected, or if the chairman elected is not present at the time appointed for holding the same, the members present shall choose one of their number to be chairman of such meeting. The managers may meet and |