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It will be observed that the following regulation, No. II., refers to the cases covered by sec. II of the Elementary Education Amendment Act, 1873, when it is desired to have one school board for several parishes united into one school district. In this case the requisition must be presented, and a resolution, such as that described in paragraph 2 of No. II., must be passed by the ratepayers of each of the parishes which it is proposed to unite.

II. Their Lordships also read and approved the following:General regulations as to passing resolutions "for application for school boards" in parishes proposed to be united and not situate within municipal boroughs, or within the metropolis:

Whereas, by the 12th section of the Elementary Education Act, 1870, and the 11th section of the Elementary Education Amendment Act, 1873, application may be made to the Education Department, in certain cases, for leave to form a school board.

And whereas such application must be made by a resolution passed in accordance with the provisions of the said 11th section, and the second part of the second schedule to the Elementary Education Act, 1870.

And whereas the passing of such resolution must be in accordance with such regulations as the Education Department may by order prescribe.

Now, therefore, the Lords of the Committee of Council on Education, by virtue and in exercise of the powers in them vested under the Elementary Education Acts, 1870 and 1873, and of every other power enabling them in this behalf, do order, and it is hereby ordered as follows:

The following regulations as to passing any such resolution as aforesaid shall be observed in any parish not situate within a municipal borough, or within the metropolis :

1. Upon requisition in writing, signed by fifty ratepayers entitled to vote in pursuance of the Elementary Education Act, 1873, or by one-third of the persons who are ratepayers of any parish and so entitled to vote, the summoning officer shall, within fourteen clear days after receiving such requisition, convene a meeting of such ratepayers as aforesaid, for the purpose of considering such resolution as hereinafter mentioned (12).

The summoning officer shall be the clerk of the union of which any parish forms part, or the person for the time being discharging the duties of such clerk.

(12) As to the term "ratepayers," and signatures to requisition, see note, P. 492.

2. Seven clear days, at least, before the day of the meeting, the summoning officer shall publish a notice, stating that a requisition has been received by him requiring him to call a meeting of the ratepayers of the parish of (name it) for the purpose of passing a resolution that it is expedient that a school board should be formed for the united parishes of (name them)

and that the said parishes should be united accordingly, and that a meeting of the ratepayers of the parish of will, accordingly, be held at some convenient time and place (to be specified in such notice), for the purpose of considering such resolution.

3. Every person who, at the time of the meeting, is entitled to vote in the election of members of a school board for the parish, shall be entitled to be present and to vote at such meeting, and every such ratepayer shall have one vote only (13).

4. At the time and place so specified, some person chosen at the meeting shall take the chair, and any such ratepayer, as aforesaid, may propose such resolution as aforesaid, to be seconded by some other such ratepayer as aforesaid.

5. If no such resolution is proposed and seconded at the time and place aforesaid, or if the same is withdrawn or negatived, the chairman shall declare the resolution to have been negatived, and shall publish notice thereof. The resolution may at any time, before the taking of the poll, be withdrawn by the two ratepayers who proposed and seconded the same; and, in such case, no further proceedings shall be taken in respect of the poll (14).

6. If the resolution, duly proposed and seconded, is carried, and no demand for a poll is made, the chairman shall declare the resolution to have been passed, and shall publish notice thereof.

7. Any ten of such ratepayers as aforesaid may make demand in writing, to be delivered to the said chairman at the meeting, that a poll be taken on such resolution, and the same shall be taken unless the major part of such ratepayers so signing the writing withdraw the same by notice in writing to the chairman at the meeting or to the summoning officer after the meeting, who shall publish notice thereof (15).

(13) With regard to the persons entitled to vote in the election of members of a school board of a parish, see Rule 1 (c) in Schedule II. to the 36 & 37 Vict., c. 86, p. 266.

(14) If the resolution is negatived, it cannot be again proposed until the lapse of twelve months from the date of its rejection.

(15) Any ten ratepayers entitled to vote in the election of a school board for the parish may at the meeting demand a poll whether the resolution is carried or negatived.

8. If a poll be taken the summoning officer shall fix the day of taking the poll, which shall be not less than ten clear days after the day fixed for such meeting as aforesaid, and the said officer shall publish notice thereof.

9. The summoning officer shall determine the number and situation of the polling-stations, and for this purpose may cause any parish to be divided into polling-districts. The said officer shall cause the boundaries of such districts and the number and situation of the polling-stations to be published not less than three clear days before the day fixed for the polling.

The summoning officer shall provide everything which in the case of a municipal election is required to be provided by the mayor for the purpose of a poll (16).

No public-house shall be used as a polling place.

10. If the parish is divided into polling-districts, each voter shall give his vote in the polling-district in which the property in respect of which he is entitled to vote is situate, and if such property is situate in more than one district, in any one of the districts in which it is situate.

II. The summoning officer or some person or persons appointed by him shall preside at each polling-station, provided that only one person shall preside at the same time.

12. Duration of poll:

a. Where the population of the school district exceeds, according to the last published census, fifteen thousand The poll shall be open from 8 AM to 8 P.M.

b. Where the population of the school district, according to the last published census, does not exceed fifteen thousand

The poll shall be open from 12 noon to 8 P.M.

13. Subject to the provisions of this order, the poll shall be conducted in like manner, so far as circumstances admit, as a poll at a contested municipal election is directed by the Ballot Act, 1872, to be conducted; and subject as aforesaid the provisions of that Act shall apply to the voting, for or against the resolution, provided that:

a. The ballot paper shall be in the form annexed to this order, and the cross indicating assent to, or dissent from, the resolution, shall be placed opposite the word "For," or the word " Against," as the case may be, and the

(16) See note on similar provision in Order as to applications for school boards in parishes.

form of direction, for the guidance of the voter in voting, shall be altered accordingly.

b. Every voter shall be entitled to one vote.

c. The "returning officer" shall mean the summoning officer hereinbefore mentioned.

d. The expression "register of voters" means the book containing the last rate made for the parish, more than one month previously to the date of the requisition hereinbefore mentioned (17).

e. The provisions of secs. three, four, eleven, and twentyfour of the Ballot Act, 1872, shall be deemed to be regulations contained in this order, which involve a penalty within the meaning of sec. ninety of the Elementary Education Act, 1870 (18).

14. The person presiding at the poll may, and if required by any two voters shall, put to any voter at the time of his applying for a ballot paper, but not afterwards, the following questions, or one of them, but no other

(1.) Are you the person whose name appears as A. B. in the book containing the rate made on the

day of

and rated therein for the property described as

(Specify date and property in rate book.)

(2.) Have you already voted on this occasion?

And no person required to answer any of the said questions shall be permitted or qualified to vote until he has answered the same.

15. Any two persons on behalf of the supporters and any two persons on behalf of the opponents of the resolution may be present at each polling-station and at the counting of the votes.

If any dispute arises as to the persons who should be present, the summoning officer shall appoint two persons from among such supporters and two persons from among such opponents, and his decision shall be final.

16. In case of an equality of votes the resolution shall be deemed to be rejected.

17. The result of the poll shall be published by the summoning officer.

18. The summoning officer shall keep the ballot papers and all other documents connected with the poll for six months subject

(17) As to the register of voters, see p. 266.

(18) The provisions of the Ballot Act which are referred to are set forth in the notes to sec. 90 of the 33 & 34 Vict., c. 75, ante. As to the validity of a similar Regulation in a previous order, see note to Art. 13 of the Order as to the application for school boards in parishes, p. 494.

to the directions of the Education Department, and shall then, unless otherwise ordered by the said department, cause them to be destroyed.

19. Notices and other matters directed by this order to be published shall be published in like manner as public notices are usually published in the parish to which they relate.

20. The summoning officer shall be entitled to such reasonable expenses as may have been incurred by him, and to a reasonable remuneration for his services, to be paid by the overseers. Provided that if any question should arise between the said officer and the overseers as to his bill for expenses or remuneration, such bill shall be referred to the Education Department, whose decision thereon shall be final and conclusive (19).

21. Words used in this order shall, so far as is consistent with the context, have the same meaning as the same words used in the Elementary Education Acts, 1870, 1873.

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NOTE.-The number on the Ballot Paper is to correspond with that on the counterfoil.

III. Their Lordships also read, and approved, the following:General regulations for the first election of school boards in parishes not situate within municipal boroughs, or within the metropolis.

1. The number of members of the school board of a parish shall be from five to fifteen, as may be determined in each case by the Education Department.

2. The returning officer shall be the clerk of the union of which the parish forms part, or the person for the time being discharging the duties of such clerk.

(19) As to expenses and remuneration of summoning officer, see note, P. 496.

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