adjourn as they think proper. The quorum of the managers shall consist of such number of members as may be prescribed by the school board that appointed them, or, if no number be prescribed, of three members. Every question at a meeting shall be determined by a majority of votes of the members present and voting on that question, and in case of an equal division of votes the chairman shall have a second or casting vote. (2)

The proceedings of the managers shall not be invalidated by any vacancy or vacancies in their number.

(1) See sec. 15, as to appointment of managers by school boards. These rules with reference to the proceedings of managers appointed by a school board are, by the 39 & 40 Vict., c. 79, Rule 3, of Schedule 2, post, made applicable to the proceedings of school attendance committees and local committees appointed under that Act.

(2) As to casting vote of chairman, see note on Rule 5 in this schedule.

School district of

Form of Precept. (1)

day of

to wit.

To the council [or overseers, &c.,] of the borough [or parish] of These are to require you, the council [or overseers] of the borough [or parish] of from and out of the moneys in the hands of your treasurer [or your hands], to pay on or before the into the hands of A.B., treasurer of the school board of the said district, the sum of being the amount required for the expenses of the said school board up to the of 18 ; and if there are no moneys in the hands of your treasurer [or your hands] to raise the same by means of a rate.

(Signed) C. D., Members of the school board of the

E. F.,

district of

G. H., clerk of the said school board.

(1) See secs. 37 (11), 54, 55, and 56. As to the signing and service of the precepts, see sec. 81 and Third Schedule, No. 6.

FOURTH SCHEDULE.

SCHOOL SITES ACTS.

The following Acts may be cited together as the "School Sites Acts, 1841 to 1851."

4 & 5 Vict., c. 38. An Act to afford further facilities for the conveyance and endowment of sites for schools.

Short Title by which Acts may

be cited.

The School Sites
Act, 1841.

7 & 8 Vict., c. 37. An Act to secure the terms on which grants are made by Her Majesty out of the parliamentary grant for the education of the poor; and to explain the Act of the fifth year of Her present Majesty, for the conveyance of sites for schools.

C. 49.

12 & 13 Vict., An Act to extend and explain the provisions of the Acts for the granting of sites for schools.

14 & 15 Vict., An Act to Amend the Acts for the granting of sites for schools.

C. 24.

The School Sites
Act, 1844.

The School Sites
Act, 1849.

The School Sites
Act, 1851.

These several Acts will be found in the Appendix, p. 434.

(1) As to the boundaries of the divisions of the metropolis, see sec. 37. From sec. 2 of the 48 & 49 Vict., c. 38, post, it will be observed that the Lambeth Division has been divided into two divisions, named East Lambeth and West Lambeth, and that the above schedule is to be construed as if for "Lambeth" there were substituted "East Lambeth" and "West Lambeth."

AN

ACT TO AMEND THE ELEMENTARY

EDUCATION ACT (1870), AND FOR OTHER PURPOSES CONNECTED THEREWITH.

[5th August, 1873.]

BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY.

Short Title.

I. This Act may be cited as "The Elementary Education Act, 1873;' and this Act and "The Elementary Education Act, 1870" (in this Act referred to as the principal Act), may be cited together as "The Elementary Education Acts, 1870 and 1873."

See also sec. 1 of the 42 & 43 Vict., c. 48, sec. 1 of the 43 & 44 Vict., c. 23, and sec. 3 of the 48 & 49 Vict., c. 38, post.

Construction of Act.

2. This Act shall be construed as one with the principal Act, and the expression "this Act" in the principal Act shall be construed to include this Act.

EXPENSES OF EDUCATION.

3. The Act of the session of the eighteenth and nineteenth years of the reign of Her present Majesty, chapter thirty-four, intituled, "An Act to provide for the education of children in the receipt of outdoor relief," is hereby repealed as from the first day of January, one thousand eight hundred and seventy four; and in lieu thereof be it enacted as follows :

Where relief out of the workhouse is given by the guardians or their order by way of weekly or other continuing allowance to the parent of any child between five and thirteen years of age, or to any such child, it shall be a condition for the continuance of such relief that elementary education in reading, writing, and arithmetic shall (unless either there is some reasonable excuse within the meaning of section seventy-four of the principal Act or the child has reached such standard of education as may from time to time be fixed for the purpose of this Act, so far as regards any district in which bye-laws under section seventy-four of the principal Act are in force by any such bye-law, and in any other district by a minute of the Education Department, or the child is employed in pursuance of a certificate under "The Agricultural Children Act, 1873," and is not attending school) be provided for such child, and the guardians shall give such further relief (if any) as may be necessary for that purpose.

Any such relief to a parent as above mentioned shall not be granted or refused on condition of the child attending any public elementary school other than such as may be selected by the parent.

The guardians shall not have power under this section to give any relief to a parent in order to enable such parent to pay more than the ordinary fee payable at the school which he selects, or more than one farthing for each attendance at such school, as defined by the minutes of the Education Department for the time being in force with respect to the Government grant.

All relief given by guardians under this section shall be paid out of their common fund, and where given by the guardians of any union in the metropolis as defined by " The Metropolitan Poor Act, 1867," shall be deemed to be expenses repayable from the Metropolitan Common Poor Fund, within the meaning of section sixty-nine of that Act, and shall be repaid to such guardians accordingly.

This section was repealed from the 1st of January, 1877, by the 39 & 40 Vict., c. 79, post. For the substituted provisions, see sec. 40 of that Act, and sec. 5 of the 43 & 44 Vict., c. 23, post.

Power of Local Government Board as to Relief and Guardians.

4. The Local Government Board shall have the like powers with respect to guardians acting under and relief

given in pursuance of this Act, as they have with respect to guardians acting under and relief given in pursuance of the Acts relating to the relief of the poor, and relief given in pursuance of this Act shall be deemed to be relief within the meaning of those Acts.

It will be observed that the preceding section on which this clause was dependent is now repealed. But see the new enactment in sec. 34 of the 39 & 40 Vict., c. 79, post.

ELECTIONS.

Confirmation of Orders as to Elections, &c.

5. The orders and regulations of the Education Department mentioned in the first schedule to this Act, and all orders of the Education Department incorporating the said orders or regulations, so far as they so incorporate them, are hereby confirmed, and shall be deemed to have been duly made, and to have been within the powers contained in the principal Act, and shall continue in force until revoked or altered by any order made under the provisions of the principal Act as amended by this Act.

The Elementary Education (Elections) Act, 1872, contained a provision to the effect that orders made by the Education Department under the powers contained in the first part of the second schedule of the Act of 1870 (with reference to the election and retirement of members of a school board), should not be of any force as regards any election after the Ist of September, 1873, unless confirmed by Parliament. The orders and regulations specified in the first schedule are confirmed, and continued in operation until revoked or altered by the Education Department. The section also precludes any question as to the validity of the orders and regulations in question.

A subsequent Act (37 & 38 Vict., c. 90, post) declares the validity of certain orders of the Education Department with respect to united school districts.

Election of School Board.

6. The principal Act shall be construed as if there were substituted for the rules numbered one and three in the first part of the second schedule to the principal Act the rules in the second schedule to this Act, and the references in the principal Act to the second schedule to that Act, or the first part of that schedule, shall be construed to refer to the said schedule, or the first part thereof, with the provisions so substituted; but the said substitution shall not affect anything done before the passing of this Act.