and the date of the entry in the rate book, and require the occupier to pay such amount as according to their judgment shall be the proper sum, having due regard to the rateable value of such house or building, and the time which shall have elapsed from the making of the current rate to the date of such entry, and the person so charged shall be considered as actually rated from such date, and shall be liable to pay the sum assessed in like manner and subject to the like penalty of distress, and with the like power of appeal as if he had been assessed for the same when the rate was made: provided that when the said overseers shall so enter the said house or building in the rate book they shall forward to the assessment committee of the union comprising such parish, if any such there be, a supplemental list with reference to such house or building, and the same shall be dealt with in all respects, and with the like incidents and consequences, as a supplemental list made by the overseers under section 25 of the Union Assessment Committee Act, 1862."

(10) The distribution of the Parliamentary Grant for Public Education is regulated by the Annual Code of the Education Department. As to the Fee Grant, see 54 & 55 Vict., c. 56, post.

(1.) LOCAL PROVISION FOR SCHOOLS.

School Districts, &c., in Schedule.

4. For the purposes of this Act the respective districts, boards, rates and funds, and authorities described in the first schedule to this Act shall be the school district, the school board, the local rate, and the rating authority.

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The school districts constituted by this Act are the metropolis; every borough subject to the Municipal Corporations Act, 1882; and every parish" (as defined by secs. 3 and 77 and the 36 & 37 Vict., c. 86, sec. 12, post) in England and Wales not included in any of those districts. There are special provisions as to the Borough of Wenlock. As to the formation of united school districts, see sec. 40 and the 36 & 37 Vict., c. 86, sec. 11, post.

With regard to the constitution of a school board in the metropolis, see sec. 37; in a municipal borough, excepting Oxford and Wenlock, sec. 29; in Oxford, sec. 93; in a parish not included in the metropolis or in a municipal borough, sec. 29; and in a united school district, sec. 45. The case of the Borough of Wenlock is provided for by the 37 & 38 Vict., c. 39, post.

As to the local rate and rating authority in the school districts, see sec. 54 (note).

SUPPLY OF SCHOOLS.

School District to have sufficient Public Schools.

5. There shall be provided for every school district a sufficient amount of accommodation in public elementary

schools (as hereinafter defined) (1), available for all the children resident in such district for whose elementary education efficient and suitable provision is not otherwise made; and where there is an insufficient amount of such accommodation, in this Act referred to as "public school accommodation," the deficiency shall be supplied in manner provided by this Act. (2).

(1) The term "public elementary schools" is defined by sec. 7.

(2) The question whether or not the accommodation in public elementary schools in a school district is "sufficient," is to be determined by the Education Department. As to the proceedings for this purpose, see sec. 8, and 54 & 55 Vict., c. 56, sec. 5, post.

Mr. Forster, on moving the first reading of the Bill, said: "I may at once state that if in any one of these (school) districts we find the elementary education to be sufficient, efficient, and suitable, we leave that district alone. By sufficient, I mean if we find that there are enough schools; by efficient, I mean schools which give a reasonable amount of secular education; and by suitable, I mean schools to which, from the absence of religious or other restriction, parents cannot reasonably object; and I may add that, for the purpose of ascertaining the condition of these districts, we count all schools that will receive our inspectors, whether private or public, whether aided or unaided by Government assistance, whether secular or denominational.”—Hansard's Debates, vol. 199, P. 445.

Efficient and suitable provision has been held to be made when there has been efficient elementary school education within a reasonable distance of the house of every child who required elementary instruction, of which he could avail himself on payment of a reasonable fee without being required to attend any religious instruction to which the parent objected. The school provision of a district cannot be regarded as suitable unless there is some school or other under a conscience clause within reach of children whose parents wish them to have that protection. There is nothing in the Act to preclude a school from being recognized as giving efficient and suitable provision because the teacher is not certificated.

The term "public school accommodation” is now to be construed as including public school accommodation without payment of fees (54 & 55 Vict., c. 56, sec. 5).

The 39 & 40 Vict., c. 79, post, by sec. 48, provides for schools being certified by the Education Department as "efficient," although they may not be "public elementary schools."

The Education Department in a circular letter state :-" If the circumstances of the parents require protection to their religious feelings a school will not be considered as giving suitable provision without such protection. So far as such school is concerned, therefore, deficiency will be declared if the necessary protection be not found to exist at the first inquiry, or be afterwards discontinued."

It will be observed that it is not requisite that the school accommodation should be within the district, provided it is "available" for the children resident in the district. The Act contemplates that arrangements may be made for the education of the children of one school district in the school of an adjoining district, and provides for a division between the two districts of the expenses incurred by the School Board in providing and maintaining the school (see secs. 49 and 52).

With respect to the proportion of the population of a parish for which school accommodation should be provided, it is estimated as a general rule that the children of the class for which school places in elementary schools are required constitute one-sixth of the total population. That rule was acted upon for many years in cases where building grants were made by the Education Department, and has generally been found not only theoretically but practically accurate. The rule is of course subject to modifications in districts where the circumstances are exceptional, and the Education Department, in determining whether there is "efficient and suitable provision" in a particular district within the meaning of this section, are guided by the returns rendered under sec. 67 and the reports of their inspectors.

When the actual population between the ages of three and thirteen has been ascertained, it is usual in determining the amount of school accommodation required to make a deduction of one-seventh, that being the estimated proportion of children of the middle and upper classes, and a further deduction of about one-eighth, in respect of children who will be absent from school from unavoidable causes.

It is usually estimated that the school accommodation should be in the proportion of from three-fifths to two-thirds for children of above seven years of age and from two-fifths to one-third for children less than that age.

The accommodation that will be afforded by any particular school is determined upon the report made by the inspector upon the school. The capacity of a schoolroom, and the number of children it can accommodate, depend not merely upon its area, but also on its shape, on the nature and arrangement of the school furniture, and on the positions of the doors and fireplaces. As to the superficial area and cubic space required for children in school premises, see Article 85 of the New Code, p. 521.

Supply of Schools in case of Deficiency.

6. Where the Education Department, in the manner provided by this Act, are satisfied and have given public notice that there is an insufficient amount of public school accommodation for any school district, and the deficiency is not supplied as hereinafter required (1), a school board shall be formed for such district, and shall supply such deficiency; and in case of default by the school board the Education Department shall cause the duty of such board to be performed in manner provided by this Act. (2)

(1) See secs. 8, 9, and 10, and 54 & 55 Vict., c. 56, sec. 5, posi. (2) As to the proceedings of the Education Department when the school board are in default, see secs. 63-66.

Regulations for Conduct of Public Elementary School.

7. Every elementary school (1) which is conducted in accordance with the following regulations shall be a public

elementary school within the meaning of this Act (2); and every public elementary school shall be conducted in accordance with the following regulations (a copy of which regulations shall be conspicuously put up in every such school, namely:

(1.) It shall not be required, as a condition of any child. being admitted into or continuing in the school, that he shall attend or abstain from attending any Sunday school or any place of religious worship, or that he shall attend any religious observance or any instruction in religious subjects in the school or elsewhere, from which observance or instruction he may be withdrawn by his parent, or that he shall, if withdrawn by his parent, attend the school on any day exclusively set apart for religious observance by the religious body to which his parent belongs: (3)

(2.) The time or times during which any religious observance is practised or instruction in religious subjects is given at any meeting of the school shall be either at the beginning or at the end, or at the beginning and the end, of such meeting, and shall be inserted in a time-table to be approved by the Education Department, and to be kept permanently and conspicuously affixed in every schoolroom; and any scholar may be withdrawn by his parent from such observance or instruction without forfeiting any of the other benefits of the school: (4)

(3.) The school shall be open at all times to the inspection of any of Her Majesty's Inspectors, so, however, that it shall be no part of the duties of such inspector to inquire into any instruction in religious subjects given at such school, or to examine any scholar therein in religious knowledge or in any religious subject or book: (5)

(4.) The school shall be conducted in accordance with the conditions required to be fulfilled by an elementary school in order to obtain an annual Parliamentary Grant. (6)

(1) For definition of the term "elementary school," see sec. 3. (2) No Parliamentary Grant can now be made to any school which is not a public elementary school conducted in accordance with the regulations prescribed by this section (sec. 96). In the case of a school

provided by a school board, not only are the regulations referred to to be observed, but no religious catechism, or religious formulary distinctive of any particular denomination, is to be taught in the school (sec. 14).

(3) The term "parent" includes guardian and every person who is liable to maintain, or has the actual custody of, any child (sec. 3). It is not specified in what manner the parent is to "withdraw" the child from religious instruction and observances in the school. It would be convenient that the notice of the parent's wish in the matter should be given in writing, but a verbal intimation to the managers or the teacher would probably be deemed sufficient. When no such notice or intimation has been received, and the child refuses or fails to attend the religious instruction or observances in the school, steps should be taken to ascertain from the parent whether or not it is his intention that the child should be withdrawn from such instruction and observances.

The latter part of the sub-section was specially intended to meet the cases of Jewish and Roman Catholic children.

In a case in which it appeared that the vicar had distributed on a Sunday to children attending the National day school—a public elementary school --prizes connected with secular subjects, the Education Department stated that they considered that prizes for secular knowledge given to children in any public elementary school should be open to all scholars, and should be distributed at a time when religious instruction is not given.

(4) When the school is held both in the morning and in the afternoon, the religious observance or instruction may take place not only at the beginning or end, or beginning and end, of the day's secular instruction, but of the morning and afternoon meetings respectively. A parent may withdraw his child "from" the religious observance or instruction, but the child is not to be withdrawn from the school during the observance or instruction when the school arrangements will admit of secular and religious instruction being carried on in different parts of the school at the same time.

It rests with the school board or the managers of the school, as the case may be, to determine the duration of the morning and afternoon meetings of a public elementary school, subject to secular instruction being given at each meeting during one hour and a half in the case of a day scholar in a school or class for infants, and during two hours in the case of a day scholar in a school or class for older children. The Education Department do not decide what time shall be devoted to religious instruction.

At a meeting of the Committee of Council on Education, on the 7th of February, 1871, the following resolutions with reference to the provisions of this section were adopted :-" (1) That the time-table of each public elementary school shall be submitted to the inspector of the district, at his first visit to the school after the 30th of April, 1871. (2) That the inspector shall enter on every time-table which fulfils the requisite conditions, Approved, on behalf of the Education Department,' with his signature and the date of his visit. (3) That the inspector may approve any timetable which, while conforming to sec. 7 (No. 2) of the Education Act in respect of the time or times appointed for religious observances or instruction, sets apart for instruction in secular subjects at least two consecutive hours at each morning and afternoon meeting, and one hour and a half at each evening meeting of the school. (4) That the inspector shall not express any opinion as to the time or times appointed for religious observances, or instruction, or as to the nature of such instruction, but shall