The rules now substituted for those prescribed by the Act of 1870 (33 & 34 Vict., c. 75, ante) empower the Education Department to make regulations as to the election of school boards, and the duties and expenses of the officers requisite for the purpose of the election. Candidates at every election are to be nominated in writing. A poll is to be conducted so far as circumstances admit in the same manner as a poll at a contested municipal election under the Ballot Act, 1872, and in parishes not situate in the city of London or in a borough, other than in the borough of Wenlock, the rate-book of the parish will be the register of the ratepayers entitled to vote. The rules numbered one and three in the first part of the second schedule to the Act of 1870, and for which the new rules are substituted, are repealed by sec. 28, subject to the provisions contained in that section. Overseers to allow Inspection of Rate-Books and otherwise assist Returning Officers. 7. If any overseer or other officer has in his possession or under his control any rate-book or other document which under the Elementary Education Acts, 1870 and 1873, or any order made thereunder, constitutes the register of persons entitled to vote at an election of a school board, or at the passing of a resolution for an application for a school board, and such overseer or other officer refuses or fails to comply with the directions of any order of the Education Department confirmed by this Act, or made in pursuance of the Elementary Education Acts, 1870 and 1873, with respect to the production, inspection, or copying of such book or document, or the assisting any returning officer at any such election or passing of a resolution, such overseer or officer shall be liable, on summary conviction, to a penalty not exceeding five pounds for every day during which he so refuses or fails. For provision as to the rate-book being the register of the ratepayers entitled to vote in an election, see second schedule (1.) c. See also sec. 79 of the 33 & 34 Vict., c. 75, ante. As to proceedings for recovery of penalties on summary conviction, see secs. 23 & 24. Amendment of 33 & 34 Vict., c. 75, s. 91, as to 8. Every person who under the principal Act is disqualified by a conviction for corrupt practices at any election from exercising any franchise for any term of years shall be also disqualified during the same term of years from being a member of a school board and from holding any municipal office. A person convicted of corrupt practices at the election of a member of a school board, was by sec. 91 of the 33 & 34 Vict., c. 75, ante, disqualified for the term of six years after the election from exercising any franchise at a school board election, or at any municipal or parliamentary election. If, however, the person guilty of the corrupt practices was a candidate for election as a member of the school board, and was returned as elected, he was not disqualified for acting as a member of the board, notwithstanding that the corrupt practices might have secured his election. This section was intended to cure this defect. A member of a school board who is convicted of an offence under sec. 34 of the Act of 1870 is not convicted for corrupt practices within the meaning of this section. See note to sec. 34 of 33 & 34 Vict., c. 75, ante, as to the case of Reg. v. Dudley School Board. See also the provisions of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (in Appendix, p. 377), secs. 2, 3, 23 and 28 (4), as to disqualifications in respect of corrupt practices at a school board election. Questioning of Election and Resolution. 9. The election of any member of a school board, and the passing of a resolution for an application for a school board under the Elementary Education Acts, 1870 and 1873, shall not be questioned except within six months after the declaration of the election of such member or of the passing of such resolution, whether such declaration was made before or after the passing of this Act. See also sec. 84 of the 33 & 34 Vict., c. 75, ante, as to the time within which any question as to the legality of an order of the Education Department can be raised, and sec. 30, No. 3, as to defects in the election of persons acting as members of a school board not vitiating the proceedings of the board in which they have taken part. As to the grounds on which the election of a member of a school board may be questioned on an election petition under the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, see sec. 36 of that Act and sec. 87 of the Municipal Corporations Act, 1882, in Appendix, pp. 408, 421. With respect to the time within which a petition must be presented, see sec. 88 of the Municipal Corporations Act, 1882, and sec. 25 of the Municipal Elections (Corrupt and Îllegal Practices) Act, 1884. MISCELLANEOUS AMENDMENTS OF 33 & 34 VICT., C. 75. Amendment of 33 & 34 Vict., c. 75, s. 57, as to Loans. 10. The principal Act and Acts referring thereto shall be construed as if, for section fifty-seven, which is repealed by this Act, there were substituted the following section: Where a school board have incurred or require to incur any expense (1), either (a.) in providing or enlarging a schoolhouse; or (b.) in paying off any debt charged on a schoolhouse provided by them, or on any land acquired by them by gift, transfer, purchase or otherwise for the purposes of this Act (2); or (c.) in any works of improving or fitting up a schoolhouse which, in the opinion of the Education Department, ought by reason of the permanent character of such works to be spread over a term of years (3), they may, with the consent of the Education Department, spread the payment over such number of years, not exceeding fifty, as may be sanctioned by the Education Department, and may, with the like consent, for that purpose borrow money on security of the school fund and local rate, and may charge that fund and the local rate with the payment of the principal and interest due in respect of the loan. They may, if they so agree with the mortgagee, pay the amount borrowed with the interest by equal annual instalments not exceeding fifty, and if they do not so agree they shall annually set aside one-fiftieth of the sum borrowed as a sinking fund: Provided that no such consent of the Education Department shall be granted unless proof be given to their satisfaction that the additional school accommodation which it is proposed to supply is required in order to provide for the educational wants of the district: (4) For the purpose of such borrowing, the clauses of "The Commissioners Clauses Act, 1847," with respect to the mortgages to be executed by the commissioners, shall be incorporated with this Act; and in the construction of those clauses for the purpose of this Act, this Act shall be deemed to be the special Act, and the school board which is borrowing shall be deemed to be the commissioners: (5) The Public Works Loan Commissioners may, on the recommendation of the Education Department, lend any money required under this section on the security of the school fund and local rate without requiring any further or other security, such loan to be repaid within such number of years, not exceeding fifty, as may be recommended by the Education Department, and to bear interest at the rate of three and a half per cent. per annum. (6) The said substitution shall not affect anything done before the passing of this Act, except that anything done before the passing of this Act which would have been legal if the said substitution had been made shall be legal. (1) With regard to the powers of borrowing conferred by this section, it is to be borne in mind that a school board are not empowered to borrow money for the purpose of meeting their current expenses, and that they have no authority to borrow for any purposes except those which are specified in this section or for which powers of borrowing are expressly conferred by statute. (R. v. Sir Charles Reed, L. R., 5 (C. A.) Q. B. D. 483; 49 L. J., Q. B. 603; 42 L. T., N. S., 835; 28 W. R., 787.) Sec. 57 of the 33 & 34 Vict., c. 75, ante, which is now repealed, empowered the school board, with the consent of the Education Department, to borrow when they "incur any expense in providing or enlarging a schoolhouse." These words were construed by the Public Works Loan Commissioners as requiring that the school board before they obtained a loan should not only have incurred a liability for the expense, but have actually paid the amount. The school boards, in order to pay the contractors and place themselves in a position to obtain a loan from the commissioners, were obliged therefore to overdraw their account with their treasurer or otherwise obtain a temporary loan; but the auditors held that there was no legal authority for the payment of interest on the amounts thus obtained, and disallowed the charges. These difficulties are met by the terms of the present section, which authorise the borrowing not only when the school board "have incurred," but also when they "require to incur any expense" for the purposes specified. (2) With regard to debts charged on a schoolhouse transferred to a school board, see sec. 23 of the 33 and 34 Vict., c. 75, ante. (3) The power to borrow for improving or fitting up schoolhouses was not specifically given by the Act of 1870. Permanent school fittings, such as desks and fittings, may be provided for by loan, but not books and ordinary school apparatus. With respect to the powers of a school board to borrow for purposes connected with certified industrial schools and certified day industrial schools, and for providing offices, see secs. 15 and 42 of the 39 & 40 Vict., c. 79, and sec. 3 of the 42 & 43 Vict., c. 48, post. (4) The school fund and local rate are defined by sec. Vict., c. 75, ante, and Schedule 1, to that Act. of the 33 & 34 In the case of loans in respect of industrial schools, the consent of the Secretary of State, and not that of the Education Department, is to be obtained (39 & 40 Vict., c. 79, sec. 15, and 42 & 43 Vict., c. 48, sec. 3, post). The proviso to the clause was added in the House of Lords. It was generally the practice of the Education Department, in dealing with an application for their sanction to a loan under the Act of 1870, to consent to the proposal of the school board to borrow-the school board having been chosen to represent the ratepayers of the district-although the school accommodation proposed to be provided might appear to be in excess of that which was absolutely necessary, if the whole of the existing public school accommodation of the district was taken into consideration. The department have now to satisfy themselves before giving any such consent that the additional school accommodation intended to be supplied is required for the educational wants of the district. The Education Department, before sanctioning a loan for a school, require that the size and cost of the site proposed for the school, and the plans, should be approved by them. They state that no loan of money can be obtained from the Public Works Loan Commissioners unless the whole cost of the school, exclusive of site, legal expenses, extra rooms for instruction authorised by the code, and residences (if any) is kept within the sum of 10l. per child accommodated. An allowance will also be made in reference to the cost of a central hall up to a maximum of £600. Whether the necessary loan be borrowed in the open market or not, extravagant plans cannot be approved. The department do not entertain applications for loans when the expenditure has been incurred without their previous sanction. (5) For the provisions of "The Commissioners Clauses Act, 1847," with respect to mortgages, see p. 455. By the Forged Transfer Act 1891 (54 & 55 Vict. c. 43) power is conferred on a local authority to make compensation by a cash payment out of their funds for any loss arising from a transfer of any securities of the authority in pursuance of a forged transfer or of a transfer under a forged power of attorney. (6) No loan will be granted by the Public Works Loan Commissioners except upon the recommendation of the Secretary of State in the case of a loan in respect of an industrial school, or the recommendation of the Education Department in the case of a loan for any other purpose under this section, and the first step, therefore, is to obtain this recommendation. See note 4, supra, as to the sum per child within which the cost of school accommodation must be kept when it is proposed to borrow from the Public Works Loan Commissioners. The Public Works Loans Act, 1875, by sec. 25, required that any local authority proposing to borrow money from the Public Works Loan Commissioners should send to the commissioners on or before the 31st of December a statement showing the amounts which they would probably require to borrow during the next financial year, and the commissioners were not empowered without the consent of the Treasury to advance any loan which was not included in such statement. This section has, however, been repealed, and it is no longer necessary for any local authority to furnish the statement referred to. The period over which the repayment of a loan to a school board may be spread, is that sanctioned by the Education Department, the maximum period that can be sanctioned being fifty years. The Public Works Loan Commissioners, however, consider that they are under no obligation to lend for the full period of fifty years when that period is allowed by the Education Department, and that the recommendations of that department do not relieve them from the responsibilities imposed on them by sec. 11 of the Public Works Loans Act, 1875, of having regard to the durability of the work for which the loan is granted, and to the expediency of its cost being paid by the generation of persons who will immediately benefit therefrom. It is their practice to decline to advance money to school boards for the full period of fifty years for other purposes than the purIchase of sites and the erection of new schools, and to require loans advanced by them for other school purposes to be repaid within a shorter period than fifty years, except in cases of loans to make good such casual and reasonable deficiencies of original estimate as may from time to time |