tion insufficient, may publish a final notice directing that the public school accommodation therein mentioned shall be supplied (33 & 34 Vict., c. 75, sec. 9). If after the expiration of a period not exceeding six months, to be limited by the final notice, the Education Department are satisfied that all the public school accommodation required by the notice has not been supplied, nor is in course of being supplied with due despatch, they are to cause a school board to be formed for the district (33 & 34 Vict., c. 75, sec. 10). The several proceedings above referred to may be taken by the Education Department not only after the receipt of the first returns, but in any subsequent year (33 & 34 Vict., c. 75, sec. 13). The powers of the Education Department as regards the enforcement of the provision of public school accommodation are extended by the Elementary Education Act, 1891, which by sec. 5 provides that "if at any time after the expiration of one year from the commencement of that Act" (1 Sept., 1891) "it is represented to the Education Department that there is in any school district, or any part of a school district, an insufficient amount of public school accommodation without payment of fees for children over three and under fifteen years of age, for whom such accommodation is desired, and the Education Department are satisfied after inquiry that such is the case, the Department shall direct the deficiency to be supplied in the manner provided by sects. 9 and 10 of the Elementary Education Act, 1870" (see ante), “and every other section enabling them in that behalf, with respect to the supply of public school accommodation; and the expression 'public school accommodation' in that Act shall include public school accommodation without payment of fees. Provided that whenever and so long as any deficiency in such last-mentioned public school accommodation in any district is in course of being supplied with due despatch, no requisition or order shall be issued. in that behalf by the Education Department." It was anticipated that there might be school districts having adequate public school accommodation, in which it might be deemed desirable that school boards should be formed; and that in districts where additional school accommodation was required, it might be desired that the accommodation should be provided by a school board. These cases are met by sec. 12 of the Act of 1870, which provides that, When application is made to the Education Depart- the Education Department may, without the preliminary inquiries and notices required in other cases, but after such inquiry and such notice as they think sufficient, cause a school board to be formed for the district. As already stated, the expression "public school accommodation" includes public school accommodation without payment of fees. When the application under this section is made by the town council, it is necessary that the resolution on the subject should be passed by a majority of the members present, and voting on the question, at a meeting summoned in the manner in which meetings of the council are ordinarily summoned. When it is made by the persons on whom it would devolve to elect a school board, it is requisite that the resolution should be passed after notice published at least a week previously, in the same 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 of the Education Department 1 (33 & 34 Vict., c. 75, sec. 31). If the resolution is rejected, it is not to be again proposed until the lapse of twelve months from the date of the rejection. The passing of a resolution cannot be questioned except within six months after the declaration of its passing (33 & 34 Vict., c. 75, sec. 31; 36 & 37 Vict., c. 86, sec. 9). At any time after the Education Department are authorised to cause a school board to be formed for a borough or parish, they may require the mayor or other proper officer to take the necessary proceedings for the election of members. In case of default the Education Department are to appoint a person who is to be empowered to take the requisite proceedings (33 & 34 Vict., c. 75, sec. 31). In the case of the metropolis all preliminary proceedings, by way of notice and inquiries, were dispensed with, and it devolved on the Education Department to determine the day on which the first election of members was to take place. Constitution of School Boards. In a borough, with the exception of Oxford and Wenlock, the school board are to be elected by the persons whose names are on the burgess roll in force for the time being. In the first instance the number of members is to be not less than five nor more than fifteen, as the Education Department may fix, and afterwards such as the school board, with the approval of the Education Department, determine (33 & 34 Vict., c. 75, secs. 29, 31). In the City of Oxford, one-third of the members of the school board are to be elected by the University of Oxford, or the colleges and halls, as may be directed by the Education Department (33 & 34 Vict., c. 75, sec. 93). The general regulations issued by the Education Department, as to passing "resolutions for applications for school boards" in parishes not within municipal boroughs or within the metropolis, will be found in the Appendix, pp. 491–496. In the Borough of Wenlock the elections of school boards for parishes within the borough are to take place in the manner provided in the case of a parish not in a municipal borough (37 & 38 Vict., c. 39). In a parish not included in the metropolis or in a municipal borough, the members of the board are to be elected by the ratepayers. The provisions with regard to the number of members of a school board for a borough apply also to the board for a parish (33 & 34 Vict., c. 75, secs. 29, 31). In the case of a united school district, the Education Department, in their order forming the district, are to fix the number of members to be elected at the first election, but subject to the approval of the Education Department, the number may be subsequently varied by a resolution of the school board. If, however, at the date of the order forming a united school district, a school board exists in any of the school districts constituting the united district, the Education Department may direct that such school board shall, either with or without any change in the existing members, or in the number of the members thereof, be the school board for the united district. Every person in any district included in the united district, who would be entitled to vote in the election of members if it were not so united, is to be an elector. One or more small parishes may be added by the Education Department to any other parish in the united district for the purpose of voting in the election of members of the school board (33 & 34 Vict., c. 75, secs. 46, 48; 37 & 38 Vict., c. 90, sec. 4). When a parish is partly within and partly without a borough, the ratepayers of the part outside the borough may meet for the purpose of electing members of the school board, in the same manner as if they were inhabitants of a separate parish (33 & 34 Vict., c. 75, sec. 77). The Education Department, as mentioned hereafter (see p. 29), are empowered to direct that one school district. shall contribute towards the provision and maintenance of public elementary schools in another school district or districts. In the case of a contributing school district a certain number of persons, the number to be fixed by the Education Department, are to be elected to represent the district on the school board of the district to which it contributes. Such members are to be elected by the school board of the contributing district, or, if there is no such board, by the persons who would be entitled to elect the school board (33 & 34 Vict., c. 75, sec. 50). In the metropolis the school board, which is to be termed the "School Board for London," is to consist of members elected by the following divisions :-Marylebone, Finsbury, East Lambeth, West Lambeth, Tower Hamlets, Hackney, Westminster, Southwark, City of London, Chelsea, and Greenwich. In the City of London the members of the school board are to be elected by the same persons as common councilmen are elected, and in other divisions of the metropolis by the ratepayers (33 & 34 Vict., c. 75, sec. 37; 36 & 37 Vict., c. 86, Sched. 2; 48 & 49 Vict., c. 38). At an election of a school board for a borough or parish every voter is to be entitled to a number of votes equal to the number of members to be elected for the district. In the metropolis the number of votes is to be equal to the number of members to be elected for the division for which the ratepayer is a vcter. The votes may be given to one candidate, or may be distributed amongst the several candidates (33 & 34 Vict., c. 75, secs. 29, 37). The elections of school boards are to be held at such time, and in such manner, and in accordance with such regulations as the Education Department may prescribe.1 The Education Department may appoint, or direct the appointment, and make regulations as to the duties, remuneration, and expenses of any officers requisite for the purpose of the elections, and do all other necessary things preliminary or incidental to the elections. The nominations of candidates are to be in writing, and a poll, so far as circumstances admit, is to be conducted in like 1 The regulations which have been issued by the Education Department with reference to the election of school boards are set forth in the Appendix, pp. 477-516. |