duty, and that, if there was no other instrument, the minute of appointment should be stamped. But the Customs and Inland Revenue Act, 1875 (38 Vict., c. 23), has repealed the provisions as to stamp duties on appointments, and consequently this duty will no longer be payable by the officers of school boards.

For definition of the term "teacher" see sec. 3. Sec. 14 requires that every school provided by a school board shall be conducted as a public elementary school, and sub-sec. 4 of sec. 7 provides that a public elementary 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, one of those conditions being that, except under the circumstances specified in the New Code as modified by the minute of the 2nd of April 1878 (see p. 400), the Education Department shall be satisfied that the principal teacher is certificated. When this condition is not fulfilled, the salary of the teacher is liable to be disallowed.

No business involving the appointment or dismissal of a teacher, or any new expense, or any payment except the ordinary periodical payments, is to be transacted unless notice in writing of the business has been sent to every member of the board four days at least before the meeting (36 & 37 Vict., c. 86, Schedule 3, post).

In Re School Board of Castleford, 25 L. T., N. s., 459, the Court of Queen's Bench refused an application for a quo warranto against the clerk of the school board. The grounds on which the motion was made were, that notice was not sent to every member of the school board prior to the appointment being made, as required by this section, and that a person who was not a member of the board voted in the election. The Lord Chief Justice (Cockburn) in delivering judgment said that the office of clerk was held at the pleasure of the school board, and that if the clerk was elected against the will of the majority, the majority had it in their power to displace him. Under these circumstances, even if the writ would lie, the court could not allow so much expense to be incurred unnecessarily.

The school board may assign to the officers "such salaries or remuneration as they think fit"; but on an appeal against a disallowance by a district auditor of a gratuity to an officer, the Local Government Board, having regard to the case Ex parte Mellish (8 L. T., N. s., 47), in which the Court of Queen's Bench decided that gratuities cannot be granted out of a public rate, held that the payment of the gratuity by the school board was illegal.

The remuneration of the treasurer may be either by salary or commission. In a case in which the district auditor disallowed in the account of the treasurer a sum charged as commission, on the ground that the only power in law of reimbursing or paying a treasurer was by salary, the Local Government Board, on an appeal, reversed the auditor's decision.

If a sum is assigned to the treasurer nominally as salary, but in fact by way of payment in lieu of interest for advances made by him to the school board, the payment would seem to be illegal.

With regard to the salaries of teachers in public elementary schools, it appears from the report of the Education Department that the average salary of a certificated master is now 1157., and of a schoolmistress 697. In addition to these emoluments, 5213 out of 10,694 masters, and 4656 out of 13,103 mistresses are provided with residences free of rent. Of the male certificated teachers, 138 are receiving under 50l. per annum; 1102, 50l. and less than 75l.; 3179, 751. and less than 1007.; 4439, 100l. and less than 1501.; 1239, 150l. and less

than 2007.; 414, 2001. and less than 2501.; 120, 250l. and less than 300l.; 63, 3001. and over. Of the female certificated teachers, 722 were receiving under 40l.; 732, 40l. and less than 45l.; 756, 45l. and less than 50l.; 6,531, 50l. and less than 751.; 3056, 75l. and less than 1007.; 1123, 100l. and less than 1507.; 169, 150l. and less than 2007.; 14, 2007. and over.

The New Code, 1878, contains a clause (15, b) to the effect that teachers cannot act as managers of, or correspondents for, the schools in which they are employed, and that they cannot be recognised by the Department as members or officers of school boards. See also note (3) on sec. 29, ante.

As to the appointment of a member of the school board to a place of profit, the appointment to which is vested in the board, see sec. 34. The question has been raised whether a member of the board can be appointed treasurer without salary. As the treasurer would have the advantage arising from the use of the balance in his hands, it would probably be held to render the office a place of profit if the balance was considerable. See Delane v. Hillcoat, 9 B. & C. 310.

When an officer is required to give security for the due discharge of his duties the cost of the bond should be borne by the officer and not by the school board.

There have been several disallowances by district auditors in the accounts of school boards of payments towards the expenses of candidates for appointments, and the Local Government Board have obtained the opinion of the law officers of the Crown as to the legality of these charges. The board, acting on that opinion, now hold that if the school board by advertisement notify that they will pay the expenses of persons offering themselves as candidates for offices to which the board have power to appoint, and an application is made on the faith of this notification, it will be lawful for the board to pay the expenses of the applicant; but that when there has been no such notification, the expenses cannot legally be paid by them. Where the board expressly request the attendance of a particular candidate, they may enter into a contract with him that they will pay his expenses, and in that case the payment by the board will be a legal one.

(2) For provisions as to combinations of school boards, see sec. 52.

(3) The duties of officers as to books and accounts are prescribed by the order of the Local Government Board (see Appendix, p. 432).

Officer to enforce Attendance at School.

36. Every school board may, if they think fit, appoint an officer or officers to enforce any bye-laws under this Act with reference to the attendance of children at school, and to bring children who are liable under the Industrial Schools Act, 1866, to be sent to a certified industrial school before two justices in order to their being so sent, and any expenses incurred under this section may be paid out of the school fund.

As to bye-laws with reference to attendance at schools, see sec. 74.

The 39 & 40 Vict., c. 79, by sec. 38, post, provides that no legal proceedings for non-attendance or irregular attendance at school shall be commenced in a

court of summary jurisdiction, by any person appointed to carry out the compulsory bye-laws of a school board, except by the direction of not less than two members of the board.

With regard to the children who are liable under the Industrial Schools Act to be brought before justices with a view to their being sent to a certified industrial school, see note on sec. 28. See also secs. 12, 13, 14, 16, and 17 of the 39 & 40 Vict., c. 79, post, as to certified industrial schools and certified day industrial schools.

As to the school fund, see sec. 54.

SCHOOL BOARD IN METROPOLIS.

37. The provisions of this Act with respect to the formation and the election of school boards in boroughs and parishes shall not extend to the metropolis; and with respect to a school board in the metropolis the following provisions shall have effect:

(1.) The school board shall consist of such number of members elected by the divisions specified in the fifth schedule to this Act as the Education Department may by order fix: (1)

(2.) The Education Department, as soon as may be after the passing of this Act, shall by order determine the boundaries of the said divisions for the purposes of this Act, and the number of members to be elected by each such division: (2)

(3.) The provisions of this Act with respect to the constitution of the school board shall extend to the constitution of the school board under this section, and the name of the school board shall be the School Board for London : (3)

(4.) The first election of the school board shall take place on such day, as soon as may be after the passing of this Act, as the Education Department may appoint, and subsequent elections shall take place in the month of November every third year on the day from time to time appointed by the school board: (4)

(5.) At every election for each division every voter shall be entitled to a number of votes equal to the number of the members of the school board to be elected for such division, and may give all such votes to one candidate, or may distribute them among the candidates, as he thinks fit: (5)

(6.) Subject to the provisions contained in this section

and in any order made by the Education Department under the power contained in the second schedule to this Act, the members of the board shall, in the City of London, be elected by the same persons and in like manner as common councilmen are elected (6), and in the other divisions of the metropolis shall be elected by the same persons and in the same manner as vestrymen under the Metropolis Management Act, 1855, and the Acts amending the same; and, subject as aforesaid, the Acts relating to the election of common councilmen, and sections fourteen to nineteen, and twenty-one to twenty-seven, all inclusive, of the Metropolis Management Act, 1855, and section thirty-six of the Metropolis Management Amendment Act, 1862, shall, so far as is consistent with the tenor thereof, apply in the case of the election of members of the school board: (7)

(7.) The school board shall proceed at once to supply their district with sufficient public school accommodation, and any requisition sent by the Education Department to such board may relate to any of the divisions mentioned in the fifth schedule to this Act in like manner as if it were a school district, and it shall not be necessary for the Education Department to publish any notices before sending such requisition:

(8.) The Education Department may, in the order fixing the boundaries of such divisions, name some person who shall be the returning officer for the purposes of the first election of the school board, and the person who is to be the deputy returning officer in each such division:

(9.) The chairman of the school board shall be elected by the school board, and any chairman who may be elected by the board may be elected either from the members of the board or not, and any chairman who is not an elected member of the board shall, by virtue of his office, be a member of the board as if he had been so elected: (8)

(10.) The school board shall apportion the amount required to be raised to meet the deficiency in the school fund among the different parts of the metropolis mentioned in the third column of the first schedule to this Act

in proportion to the rateable value of such parts as shown by the valuation lists for the time being in force under "The Valuation (Metropolis) Act. 1869," or, if any amount is so required before any such valuation list comes into force, in the same proportion and according to the same basis in and according to which the then last rate made by the Metropolitan Board of Works was assessed. (9)

(11.) For obtaining payment of the amount specified in any precept sent by the school board to the rating authority for any part of the metropolis, the school board, in addition to any other powers and remedies, shall have the like powers as the Metropolitan Board of Works have for obtaining payment of any sum assessed by them on the same part of the metropolis. (10)

(1) The divisions referred to, and the number of members which the Education Department directed should be elected for each, were as follows:Marylebone, 7; Finsbury, 6; Lambeth, 6; Tower Hamlets, 5; Hackney, 5; Westminster, 5; Southwark, 4; City, 4; Chelsea, 4; and Greenwich, 4. Total 50.

(2) The Education Department have defined the boundaries of the several divisions as follows:

"Each of the following divisions, viz., Tower Hamlets, Hackney, Southwark, Westminster, Chelsea, shall have the same boundaries as the Parliamentary borough of the same name, excluding such parts as are outside the said metropolis.

"The Division of Finsbury shall include such parts of the Parliamentary borough of Finsbury as are within the said metropolis, and the parts of Furnival's Inn and Staple Inn respectively which are outside the said borough of Finsbury.

"The City Division shall include the area comprised within the Parliamentary borough of London, except those parts of Furnival's Inn and Staple Inn which are within such borough.

"The Division of Marylebone shall include the Parliamentary borough of Marylebone and the parish of St. John, Hampstead.

"The Division of Lambeth shall include the Parliamentary borough of Lambeth, all those parts of the parishes of Lambeth and Camberwell outside the boundary of the said borough, and the Wandsworth district as described in Schedule B, Part I., of the Metropolis Local Management Act, 1855.

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The Division of Greenwich shall include the Parliamentary borough of Greenwich, and all those parts of the parishes of Greenwich and Woolwich and of the districts of Plumstead and Lewisham as described in Schedule B, Part II., of the Metropolis Local Government Act, 1855, which are outside the said borough of Greenwich.

"Parliamentary borough in this order shall mean a borough as defined by the Boundary Act, 1858."