authority of that district may from time to time appoint such number as the Education Department allow, not exceeding three, of their own members to be members of the school attendance committee for the union in which the district or the part thereof not within the jurisdiction of a school board is situate, and such members, so long as they are members of the sanitary authority, and their appointment is not revoked by that authority, shall be members of the school attendance committee, and have the same powers and authorities as if they had been appointed by the guardians (4).

Where a school board is appointed after the commencement of this Act for any parish which forms or comprises the whole or part of an urban sanitary district in which the school attendance committee is appointed by the urban sanitary authority, such school attendance committee shall, at the expiration of two months after the election of the school board, cease to act for the urban sanitary district, and the school attendance committee appointed by the guardians shall be the local authority for so much of the urban sanitary district as is not under the school board.

All byelaws in force at the éxpiration of the said two months shall continue in force, subject to being revoked or altered by the local authority, in pursuance of section seventy-four of the Elementary Education Act, 1870, as amended by this Act (5).

(1.) This provision only applies to local boards and improvement commissioners acting as urban sanitary authorities under the Public Health Act, 1875. To enable a local board or improvement commissioners to appoint a School Attendance Committee the following conditions must be fulfilled:-(1) The local board district or Improvement Act district must not include a municipal borough under the Municipal Corporations Act. (2) The district must be co-extensive with one or more parishes not under the jurisdiction of a School Board. (3) The district must have a population according to the last census of not less than 5,000; and (4) the appointment of a School Attendance Committee by the sanitary authority must have been authorised by an order of the Education Department. A School Attendance

Committee, when thus appointed by a sanitary authority, will be in precisely the same position and have the same powers as a School Attendance Committee appointed by the council of a borough.

When a parish is partly within and partly without a borough, the part of the parish outside the borough constitutes a separate parish for the purposes of this section. See 33 & 34 Vict., c. 75, s. 77, and

sec. 49 of this Act.

(2.) The order of a board of guardians for the purpose of obtaining the contribution of a parish to their common fund is addressed to the overseers of the parish, and requires the payment to the treasurer of the guardians of a certain sum on a certain day. Where the guardians deem it desirable the sum may be ordered to be paid by instalments on days to be specified in the order.

The order must be addressed to all the overseers (including the churchwardens, when they are ex-officio overseers) by name, but it is not necessary that the order should be served on more than one of them (12 & 13 Vict., c. 103, s. 7).

As regards the enforcement of a contribution order, the 2 & 3 Vict., c. 84, by sec. 1, provides that in every case in which any contribution by overseers or other officers of any parish of moneys required by the guardians acting for such parish or for any union which shall include such parish, shall be in arrear, it shall be lawful for any two justices acting within the district wherein such parish shall be situate, on application under the hand of the chairman or acting chairman of the board, to summon the overseers or other officers to show cause, at a special sessions to be summoned for the purpose, why such contribution has not been paid, and after hearing the complaint preferred under the authority of such chairman or acting chairman, and on behalf of such board, if the justices at such sessions shall think fit, by warrant under their hands and seals, to cause the amount of the contribution so in arrear, together with the costs occasioned by such arrear, to be levied and recovered from the said overseers or other officers in like manner as moneys assessed for the relief of the poor may be levied and recovered, and the amount of such arrear, together with the costs as aforesaid, when levied and recovered, to be paid to the said board. Provided always that no distress made under any such warrant of justices shall be replevisible.

See also 14 & 15 Vict., c. 105, s. 9, as to the jurisdiction of justices

in these cases.

(3.) The provisions of sec. 74 of the Education Act, 1870, will be found in the note appended to sec. 23.

(4.) The urban sanitary districts to which this sub-section refers are the districts of local boards and improvement commissioners acting as urban sanitary authorities under the Public Health Act, 1875. A local board district or improvement district will not come within the terms of this sub-section if it includes a municipal borough, or is wholly within the jurisdiction of a School Board, or is a district for which under the first clause of the section the sanitary authority might upon the order of the Education Department appoint a School Attend

ance Committee. With regard to a School Attendance Committee, appointed by the guardians, see sec. 7.

(5.) For provisions of sec. 74 of the Education Act, 1870, see note to sec. 23.

Clerk of school attendance committee of guardians, and application of Acts to guardians and school attendance committee.

34. In a union, the clerk of the guardians shall be the clerk of the school attendance committee for the purposes of this Act (1).

All enactments relating to guardians and their officers and expenses, and to relief given by guardians, shall, subject to the express provisions of this Act, apply as if the guardians, including the school attendance committee appointed by them, and their officers acting under this Act, and expenses incurred, and money paid for school fees and relief given under this Act, were respectively acting, incurred, and paid and given as relief, under the Acts relating to the relief of the poor, and the Local Government Board may make rules, orders, and regulations accordingly (2).

Any expenses incurred by officers of guardians in carrying into effect section twenty of the Elementary Education Act, 1873, when paid by such guardians, may be charged by them to the parish in respect of which such expenses are incurred (3).

(1.) Under the Union Assessment Committee Act, 1862, the clerk or "assistant clerk" of the board of guardians is to act as the clerk to the assessment committee, and under the Public Health Act, 1875, the clerk to the guardians is to be clerk to the rural sanitary authority, with the proviso that if the clerk is unable or unwilling to undertake the additional duties, the assistant clerk of the union shall be appointed to discharge the same. Under the present Act, it would seem that the clerk to the guardians will have no alternative but to act as the clerk of the School Attendance Committee appointed by the guardians.

As to the duties and remuneration of the clerk to the guardians as the clerk to the School Attendance Committee, see arts. 2, 9, 10, 11, & 16 of order of the Local Government Board of 14th April, 1877 (appendix, pp. 198-202).

(2.) The Local Government Board, under the powers conferred on them by this section, have issued two orders, one containing regulations as to the proceedings of guardians and their officers in relation to the payment of the school fees of non-pauper children (see secs. 10 & 35) and the other containing regulations as to the proceedings of School Attendance Committees appointed by guardians. These orders will be found in the appendix, pp. 163, 197.

The Board have also issued orders as to the delegation by the guardians to relief committees of their powers of hearing and deciding upon applications for the payment of school fees for the children of non-pauper parents under sec. 10, and as to the fees thus paid being declared to be allowed by way of loan. An order has also been issued with reference to the payment of these fees by pay clerks when such officers have been appointed, instead of by the inquiry officers. These several orders are printed in the appendix, pp. 183, 188, 190, 194.

(3.) The 20th section of the Elementary Education Act, 1873, is as follows:

"Notices and other matters required by the Elementary Education Acts, 1870 and 1873, to be published, shall, unless otherwise expressly provided, be published either by advertisement, and by affixing the same on the doors of churches and chapels, and other public places, or in such other manner as the Education Department may either generally or with respect to any particular district, place, or notice, or class of districts, places, or notices, by order determine, as being in their opinion sufficient for giving information to all persons interested; and all overseers, assistant overseers. and officers of guardians shall comply with the directions of the Education Department with respect to such notices, and any expenses incurred by them in carrying into effect this section may be paid as their expenses under the Acts relating to the relief of the poor."

The provision now made as to the expenses incurred by officers of guardians under the above section will meet the question which has frequently arisen as to whether the expenses should be charged on the common fund of the union, or to the parish in respect of which the notices were published.

Charge to parish of money for school fees.

35. Money given under this Act for the payment of school fees for any child of a parent who is not a pauper and is resident in any parish shall be charged by the guardians having jurisdiction in such parish to that parish with other parochial charges.

As to the powers of guardians with reference to the payment of the school fees of non-pauper children, see sec. 10.

For regulations issued by the Local Government Board with regard

to the proceedings of guardians and their officers in respect to the payment of the school fees in these cases, see appendix, p. 163.

Effect of subsequent appointment of school board. 36. Where a school board is appointed after the commencement of this Act for any school district, the authority acting at the time of such appointment as the local authority under this Act shall continue so to act until the expiration of two months after the election of such board, and shall then cease so to act for such district; nevertheless, all byelaws previously made by the local authority shall continue in force, subject to being revoked or altered in respect of that district by the school board, in pursuance of section. seventy-four of the Elementary Education Act, 1870. The provisions of sec. 74 of the Education Act, 1870, are set forth in the note to sec. 23.

LEGAL PROCEEDINGS.

Application of 36 & 37 Vict., c. 86, ss. 23-5, to penalties and punishment for fraudulently obtaining payment of fees.

37. Sections twenty-three, twenty-four, and twentyfive of the Elementary Education Act, 1873 (which provisions relate to legal proceedings, and the forgery of certificates), shall so far as applicable apply in the case of offences and penalties under this Act, and proceedings for such offences and penalties and of certificates for the purposes of this Act, in like manner as if those sections were enacted in this Act and in terms made applicable thereto (1).

And every person who shall fraudulently obtain or enable or procure any other person to obtain from any school board or local authority payment, or remission of payment, or an order for payment, or remission of payment of any school fees, shall be liable on summary conviction to imprisonment for a period not exceeding fourteen days (2).