that the school fees were not a debt recoverable by action, and non-suited the plaintiffs, with leave to appeal. The High Court was moved to grant a rule calling upon the defendant to show cause why judgment should not be entered for the plaintiffs, or if necessary that there should be a new trial. For the School Board, the Attorney-General stated that it had been contended that the only remedy of the School Board was to refuse admission to a child who failed to bring the school fee, and then to summon the parent for neglecting to provide education for his child as required by the statute, in that he did not send the child to the school with the fee. He did not dispute that where there was a liability under a statute to pay money, and the Act prescribed a specific remedy for the recovery of the money, then as a general principle that was the only remedy which could be pursued. But in the present case the Act did not provide any procedure for the recovery of the fees. Criminal proceedings could be taken against the parent, which indirectly might have the effect of compelling the parent to pay thereafter. But this was no remedy for the recovery of the fees, and his contention was that when the parent sent his child to a board school at which there was a charge made for the education of the child, there was an implied contract by the parent to pay the ordinary charge for the education of the child. Mr. Justice Manisty and Mr. Justice Denman held (Lord Coleridge dissenting), that the parent in sending the child to school in the discharge of a duty imposed on him by statute did not enter into a contract, express or implied, to pay the fees for the child's instruction, and that consequently the arrears of fees were not recoverable by action in the County Court. On an appeal, the Court of Appeal affirmed the decision.

In a case in which a District Auditor surcharged the schoolmaster of a board school with the amount of the school fees in arrear from the parents on the ground that he had not collected the fees and brought them into account to the credit of the school, the Local Government Board on an appeal reversed the surcharge.

Under the Municipal Corporations Act, 1882 (45 & 46 Vict., c. 50), s. 33, a person is not to be disentitled to be enrolled as a Burgess by reason only that his child has been admitted to and taught in any public or endowed school.

It rests solely with the school board to determine whether the poverty of a parent is such as to render it desirable that the school fees should be remitted. The provision that the remission of the school fees shall not be deemed to be parochial relief to the parent, is to ensure that the parent shall not by such remission be disqualified from voting in elections. As to the offence of fraudulently obtaining the remission of school fees, see sec. 37 of the 39 & 40 Vict., c. 79, post.

With respect to the payment by guardians of the school fees of children of poor parents who are not paupers, see sec. 10 of 39 & 40 Vict., c. 79, post, and as to the granting of relief by guardians to enable out-door pauper children to attend school, sec. 40 of that Act, and sec. 5 of the 43 & 44 Vict., c. 23, post.

As to the payment of fees for children employed in factories or workshops, see sec. 25 of the Factory and Workshop Act, 1878, p. 463, and in the case of children employed in mines, see Coal Mines Regulation Act, 1877, sec. 10, p. 470. See also the provisions of the Canal Boats Acts, see pp. 474-476.

Maintenance by School Board of Schools and sufficient School Accommodation.

18. The school board shall maintain and keep efficient every school provided by such board, and shall from time to time provide such additional school accommodation as is, in their opinion, necessary in order to supply a sufficient amount of public school accommodation for their district. (1)

A school board may discontinue any school provided by them, or change the site of any such school, if they satisfy the Education Department that the school to be discontinued is unnecessary, or that such change of site is expedient. (2).

If at any time the Education Department are satisfied that a school board have failed to perform their duty either by not maintaining or keeping efficient every school provided by them, or by not providing such additional school accommodation as in the opinion of the Education Department is necessary in order to supply a sufficient amount of public school accommodation in their district, the Education Department may send them a requisition requiring them to fulfil the duty which they have so failed to perform; and if the school board fail within the time limited by such requisition, not being less than three months, to comply therewith to the satisfaction of the Education Department, such board shall be deemed to be a school board in default, and the Education Department may proceed accordingly. (3)

(1) The school board may proceed to provide the requisite public school accommodation without any requisition from the Education Department;

see sec. 19.

This section, the law officers of the Crown have advised, gives absolute discretion to school boards to supply such additional school accommodation as in their opinion is necessary for supplying a sufficient amount of public school accommodation for their district.

The term public school accommodation in this section is to be construed as including public school accommodation without payment of fees (54 & 55 Vict. c. 56, sec. 5, post).

(2) With reference to the sale, leasing, or exchange of any land or school site belonging to a school board, see secs. 22, 78; and as to the re-transfer of a school which has been transferred by the managers to a school board, see sec. 24.

(3) As to a school board in default, see secs. 63–66.

Powers of School Board for providing Schools.

19. Every school board for the purpose of providing sufficient public school accommodation for their district, whether in obedience to any requisition or not, may provide, by building or otherwise, schoolhouses properly fitted up, and improve, enlarge, and fit up any schoolhouse provided by them, and supply school apparatus and everything necessary for the efficiency of the schools provided by them, and purchase and take on lease any land, and any right over land, or may exercise any of such powers.

The term public school accommodation in this section is to be construed as including public school accommodation without payment of fees (54 & 55 Vict. c. 56, sec. 5, post).

For definition of "schoolhouse," see sec. 3. Any elementary school transferred by the managers of the school to the school board under the provisions of sec. 23 is to be deemed a school provided by the school board. As to the powers of a school board with regard to the purchase of land, &c., see sec. 20.

The 41 & 42 Vict., c. 42 (an Act to amend and further extend the Acts for the Commutation of Tithes in England and Wales), provides that in all cases where land charged with rent-charge in lieu of tithes is taken for the erection of any school under the Elementary Education Act, or the enlarging and improving of the premises or buildings occupied or used as a school under that Act, the persons proposing to carry out the works, buildings or improvements shall as soon as they are in possession of the land, and before the land is applied to the purpose, apply to the Tithe Commissioners to order the redemption of the rent-charge for a sum of money equal to twenty-five times the amount thereof: and that the redemption money with the expenses incident to the redemption shall be paid to the commissioners within a time to be fixed by such order, or within any enlarged time the commissioners may appoint, such money to be applied by the commissioners in the manner provided by the Tithe Commutation Acts.

With regard to the powers of a school board to borrow for providing or enlarging a schoolhouse, or for works for improving or fitting up a schoolhouse, see sec. 10 of the 36 & 37 Vict., c. 86, post.

Certain rules which the Education Department have laid down with regard to the planning and fitting up of public elementary schools will be found in the Appendix, p. 530.

The hiring or leasing of a school by the school board under this section does not require the consent of the Education Department when the premises are private property. Neither is that consent necessary when the board propose to purchase land as the site for a school, or to erect a school, unless it is intended to obtain a loan for the purpose.

The Local Government Board have in several instances sanctioned the produce of the sale of parish property being applied towards defraying the cost of the establishment of public elementary schools, where the parish has been free from debt in respect of the workhouse buildings.

The 39 & 40 Vict., c. 79, sec. 42, post, confers on school boards the

same powers for providing an office as they have under this section for providing sufficient school accommodation, when the provision of the office has been authorised by the Education Department. A special Act (35 & 36 Vict., c. 27) was previously passed to confer a similar power on the School Board for London.

The School Board for London provided and fitted up, in connection with some of their schools, "Babies' rooms," in which very young children were received and taken care of. The object of the arrangement was to prevent the excuse sometimes urged for non-attendance at school in the case of girls, that it was necessary for them to stay at home to take charge of young children. The expense thus incurred by the school board was disallowed by the auditor on the ground that the school board had no legal authority for the expenditure. On an appeal, the Local Government Board adopted the same view as the auditor and confirmed his decision.

The law officers of the Crown (Sir R. Baggallay and Sir J. Holker) advised that a school board may, with the view of maintaining the efficiency of a public elementary school, devote a portion of their funds to the purchase of books for prizes. In a case in which an auditor disallowed in the accounts of a school board the cost of medals with clasps, given by the school board to children in the school who had been selected as deserving of reward for good attendance and diligence in their school work, the Local Government Board on appeal reversed the auditor's decision. Where, however, a question was raised whether a school board were justified in devoting part of the fund arising from school fees to the payment of money for regular attendance at school, the Local Government Board stated that they were of opinion that the expenditure was not authorised by the statute.

The Ballot Act, 1872 (35 & 36 Vict., c. 33), provides that the returning officer at a Parliamentary election may use, free of charge, for the purpose of taking the poll, any room in a school receiving a grant out of moneys provided by Parliament; but he is to make good any expense incurred by the person or body of persons having control over the same on account of its being used for taking the poll as aforesaid. There is no similar provision with regard to municipal elections, but the Local Government Act, 1888 (51 & 52 Vict., c. 41), by sec. 75, makes the provision above referred to in the Ballot Act applicable to elections of County Councillors under the Local Government Act, and further provides that the returning officer may use the rooms free of charge for hearing objections to nomination papers and for counting votes in the case of such elections.

With regard to the use of a public elementary school in receipt of an annual parliamentary grant as a committee room for the purpose of promoting the election of a candidate at a parliamentary election, sec. 20 of the Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict., c. 51), provides that The premises of any public elementary school in receipt of an annual parliamentary grant, or any part of any such premises shall not be used as a committee room for the purpose of promoting or procuring the election of a candidate at an election, and if any person hires or uses any such premises or any part thereof for a committee room, he shall be guilty of illegal hiring, and the person letting such premises or part, if he know it was intended to use the same as a committee room shall also be guilty of illegal hiring." As regards the definition of committee room" it is provided by section 64 that no room or building

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is to be deemed to be a committee room for the purposes of the Act by reason only of the candidate or any agent of the candidate addressing therein electors, committee men, or others. A person guilty of the offence of illegal hiring is, on summary conviction, liable to a fine not exceeding £100. A candidate, or an election agent of a candidate who is personally guilty of an offence of illegal hiring, is to be deemed guilty of an illegal practice, and a person guilty of an illegal practice is, on conviction, liable to a fine not exceeding £100, and is incapable, during a period of five years from the date of his conviction, of being registered as an elector, or voting at any election whether it be a parliamentary election, or an election for a public office held for or within the county or borough in which the illegal practice has been committed.

The Allotments Act, 1890 (53 and 54 Vict., c. 65) by section 5 provides as follows with regard to the use of rooms in schools receiving Parliamentary grants :—“ Any room in a school receiving a grant out of moneys provided by Parliament may, except during ordinary school hours, be used free of charge for the purpose of an inquiry under this Act, or for the purposes of this Act by the county council or any committee appointed under this Act, or, with the consent of any two managers, for the purpose of holding public meetings to discuss any question relating to allotments under this Act or the principal Act, but any damage done to the room and any expense incurred by the person or persons having control over the room on account of its being so used shall be paid by the county council or by the persons calling the meeting. Nothing in this section shall give any right to hold a public meeting in a school-room (a) unless not less than six days before the meeting a notice of the intention to hold the meeting on the day and at the time specified in the notice, signed by the persons calling the meeting, being not less than six in number, and being persons qualified to make a representation to the local authority under the principal Act, has been given, if the school is under a school board, to the clerk of the board, and in any other case to one of the managers of the school; nor (b) if the use of the schoolroom on the said day and at the said time has previously to the receipt of the notice of the meeting been granted for some other purpose; but in that case the clerk or manager, or some one on his behalf, shall forthwith after the receipt of the notice, inform in writing one of the persons signing it that the use of the school has been so granted for some other purpose, and name some other day on which the schoolroom can be used for the meeting. If the persons calling the meeting fail to obtain the use of a schoolroom under this section, they may appeal to the standing committee under this Act, and the committee shall forthwith decide the appeal and make such order respecting the use of the room as seems just."

Schools provided by school boards, and other public elementary schools, are liable to assessment to the poor rate and other local rates. In R. v. West Bromwich School Board (L. R. 13 Q. B. D. 929; 53 L. J., M. C. 153; 52 L. T. 164, 32 W. R. 866), the question was raised as to the assessment of a board school, and in the Court of Appeal it was held (affirming the judgment of Coleridge, C.J., Stephen and Mathew, JJ.), that the decision of the House of Lords in Jones v. Mersey Docks and Harbour Board, and Mersey Docks and Harbour Board v. Cameron (35 L. J., N. S. M. C. 1; 12 L. T., N. S. 643; 11 Jur. N. S. 746), to the effect that all premises of any value and capable of occupation are rateable applied,