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Amendment of 33 & 34 Vict., c. 75, s. 97, as to con

ditions of annual parliamentary grant.

19. So much of section ninety-seven of "The Elementary Education Act, 1870," as enacts that the conditions required to be fulfilled by an elementary school in order to obtain the annual parliamentary grant shall provide that the grant shall not for any year exceed the income of the school for that year which was derived from voluntary contributions and from school fees, and from any sources other than the parliamentary grant, shall be repealed as from the thirty-first day of March, one thousand eight hundred and seventy-seven.

After the thirty-first day of March, one thousand eight hundred and seventy-seven, the conditions required to be fulfilled by an elementary school in order to obtain the annual parliamentary grant shall provide that

(1.) Such grant shall not in any year be reduced by reason of its excess above the income of the school if the grant do not exceed the amount of seventeen shillings and sixpence per child in average attendance at the school during that year, but shall not exceed that amount per child, except by the same sum by which the income of the school, derived from voluntary contributions, rates, school fees, endowments, and any source whatever other than the parliamentary grant exceeds the said amount per child (1); and

(2.) Where the population of the school district in which the school is situate, or the population within two miles, measured according to the nearest road, from the school is less than three hundred, and there is no other public elementary school recognised by the Educa

tion Department as available for the children of that district, or that population (as the case may be), a special parliamentary grant may be made annually to that school to the amount, if the said population exceeds two hundred, of ten pounds, and, if it does not exceed two hundred, of fifteen pounds (2); and

(3.) The said special grant shall be in addition to the ordinary annual parliamentary grant, and shall not be included in the calculation of that grant for the purpose of determining whether it does or not exceed the amount before in this section mentioned.

(1) The following articles (23-27) of the new code show what is to be deemed the "average attendance at the school":

"Attendance at a morning or afternoon meeting may not be reckoned for any scholar who has been under instruction in secular subjects less than two hours' if above, or one hour and a half2 if under, seven years of age; nor attendance at an evening meeting for any scholar who has been under similar instruction less than one hour.

"Attendance of boys at military drill, under a competent instructor, or of girls at lessons in practical cookery, approved by the inspector, may in a day school be counted as school attendance for not more than forty hours in the year, and in the case of drill two hours a week.

"Attendances may not be reckoned for any scholar in a day school under 3 or above 18, or, in an evening school, under 12 or above 21 years of age.

"The average number in attendance for any period is found by adding together the attendances of all the scholars for that period, and dividing the sum by the number of times the school has met within the same period; the quotient is the average number in attendance.

"In calculating the average number in attendance, the attendances of half-time scholars reckon for no more than those of other scholars." See sub-sections 2 and 3 as to special grants.

(2) The "school districts" constituted by the Education Act of 1870 are the metropolis; every borough, except Oxford, subject to the Municipal Corporations Act, 1835; the district of the local board

1 This may include an interval of 15 minutes for recreation during a meeting of 3 hours, or of 5 to 10 minutes in a shorter meeting.

2 Not including any time allowed for recreation.

of Oxford; and each parish not included in the metropolis or a municipal borough other than Oxford.

It has since been enacted by the 37 & 38 Vict., c. 39, that the borough of Wenlock shall not be deemed to be a borough, for the purposes of the Education Acts.

There are also the following exceptions:-1. When a parish is partly within and partly without a municipal borough, the part outside the borough is to be deemed a parish by itself, and consequently a separate school district (33 & 34 Vict., c. 75, sec. 77); and 2. Where a part of a parish is detached from the principal part of the parish, and the Education Department with the consent of the Local Government Board have so directed, each part of the parish is in like manner, for the purposes of the Education Acts, a separate parish and separate school district (36 & 37 Vict., c. 86, sec. 12).

When a united school district is formed, it is to be deemed a school district, and substituted for the school districts which are comprised in it (33 & 34 Vict., c. 75, sec. 40).

The population referred to in this sub-section would appear to be the population for the time being, and not that according to the last

census.

Conditions for obtaining parliamentary grant.

20. The conditions required to be fulfilled by schools in order to obtain annual parliamentary grants shall provide that the income of the schools shall be applied only for the purpose of public elementary schools.

The new Code of the Education Department with reference to "the income of the schools" being "applied only for the purpose of public elementary schools" states as follows:-"This may include part of the salary of an organizing teacher, or of a teacher of drill, cooking, or any other special subject, employed by the managers of several schools; but not expenditure on Sunday schools, school treats, or any outlay on the premises beyond the cost of ordinary repairs, or for other purposes not recognised by the Department as educational. Any income from endowment, if spent according to the terms of the trust, is not affected by this rule."

BYELAWS.

School Attendance Committee to have like powers with School Boards of enforcing by byelaw attendance of children.

21. In a school district not within the jurisdiction of a school board, if it is a borough the school attendance committee may, if they think fit, and if it is a parish the school attendance committee for the union comprising such parish on the requisition of the parish, but not otherwise, shall make byelaws respecting the attendance of children at school under section seventy-four of the Elementary Education Act, 1870, as if such school attendance committee were a school board.

For definition of the term "school district," see sec. 19, note 2. As to appointment of the "School Attendance Committees," see secs. 7 & 33.

The requisition of the parish is provided for by sec. 22.

The provisions of sec. 74 of the Elementary Education Act, 1870, are appended to sec. 23.

It will be observed that in the case of a borough not under the jurisdiction of a School Board, it is optional with the School Attendance Committee whether or not they will make byelaws under the enactment referred to, and that in the case of a parish for which there is no School Board the School Attendance Committee must make byelaws, if so required by the parish, but that without such requisition they cannot do so even when they consider such byelaws desirable.

Provision as to requisition of parish.

22. The requisition of a parish to a school attendance committee for the purposes of this Act, if made, shall be made by a resolution passed by the same persons, and in the same manner, and subject to the same regulations of the Education Department, as a resolution for an application to the Education Department for a school board, and the expenses incurred with reference to such resolution may be paid in like

manner.

The requisition may be accompanied by representations, made by a resolution passed in like manner, as to the nature of the byelaws desired by the parish, and in making and approving the byelaws the school attendance committee and the Education Department shall consider and have due regard to such repre

sentations.

The regulations of the Education Department as to a resolution for an application for a School Board in a parish will be found in the appendix (see p. 152). The regulations show by whom and in what manner such resolution is to be passed.

The expenses incurred with reference to the resolution as to byelaws may be paid in like manner as the expenses with reference to a resolution for an application for a School Board, and consequently may be paid by the overseers out of the poor rate (see 33 & 34 Vict., c. 75, Sched. 2, second part, No. 2, and Art. 20 of the Regulations of the Education Department above referred to). When however the requisition of the parish has been made under this section, the duty of making the byelaws devolves upon the School Attendance Committee, and any expenses which may be incurred by them in this matter, such for instance as those of advertising notice of deposit of the byelaws and of printing the byelaws, are to be defrayed in like manner as other expenses of a School Attendance Committee in accordance with sec. 31 of the Act. Any services rendered by the clerk to the guardians, after the passing of the resolution, in connection with the preparation of the byelaws will be rendered by him as clerk to the School Attendance Committee, and the payment for these services should be included in the remuneration awarded to him as clerk of the committee.

A form of byelaws has been issued by the Education Department. This form, with forms of notice of deposit of byelaws and declaration of deposit of byelaws, will be found in the appendix, pp. 146, 150, 151.

Provision as to byelaws under 8. 74 of the Elementary Education Act, 1870 (33 & 34 Vict., c. 75), as extended by this Act.

23. For the purposes of this Act section seventyfour of the Elementary Education Act, 1870, and all enactments of that or any other Act referring to byelaws under that section, shall be construed as if "school board" included the authority authorised by this Act to make byelaws :

Provided, that nothing in any byelaw shall authorise

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