Publication of Accounts.

62. When the auditor has completed the audit, he shall sign the balance-sheet.

The school board shall cause a statement showing their receipts and expenditure to be printed in such form and with such particulars as may be from time to time prescribed by the Education Department, and shall send the same within thirty days after the balance-sheet is signed by the auditor to each member of the rating authority, and to the overseers of every parish in the district, and to the Education Department; and the school board may, if they think fit, publish such statement or an abstract thereof in any local newspaper or newspapers circulating in the district, and shall furnish a copy of such statement to any ratepayer in the district, on his application, and on the payment of a sum not exceeding sixpence.

For the form in which the statement of the receipts and expenditure is to be furnished, see Schedule G. in Order of Accounts of Local Government Board, p. 454.

DEFAULTING SCHOOL BOARD.

Proceedings on default by School Board.

63. Where the Education Department are, after such inquiry as they think sufficient, satisfied that a school board is in default (1) as mentioned in this Act, they may by order declare such board to be in default, and by the same or any other order appoint any persons, not less than five or more than fifteen, to be members of such school board, and may from time to time remove any member so appointed, and fill up any vacancy in the number of such members, whether caused by removal, resignation, death, or otherwise, and, subject as aforesaid, add to or diminish the number of such members. (2)

After the date of the order of appointment the persons (if any) who were previously members of the school board shall be deemed to have vacated their offices as if they were dead, but any such member may be appointed a member by the Education Department. The members so appointed by the Education Department shall be deemed to be mem

bers of the school board in the same manner in all respects as if, by election or otherwise, they had duly become members of the school board under the other provisions of this Act, and may perform all the duties and exercise all the powers of the school board under this Act.

The members appointed by the Education Department shall hold office during the pleasure of the Education Department, and when that department consider that the said default has been remedied, and everything necessary for that purpose has been carried into effect, they may, by order, direct that members be elected for the school board in the same manner as in the case of the first formation of the school board. (3) After the date fixed by any such order the members appointed by the Education Department shall cease to be members of the school board, and the members so elected shall be members of the school board in their room,. but the members appointed by the Education Department shall not be disqualified from being so elected. Until any such order is made, no person shall become a member of the school board otherwise than by the appointment of the Education Department.

Where a school board is not elected at the time fixed for the first election, or has ceased to be in existence, the Education Department may proceed in the same manner as if such board had been elected and were in existence. (4)

(1) The school board may be "in default," by failing to supply a deficiency in the public school accommodation for the district in accordance with the requisition sent by the Education Department, on the formation of the school board, within twelve months after the sending of the requisition (secs. 10, 11), or by failing to comply with a requisition of the Education Department requiring them to perform their duty, either as regards maintaining or keeping efficient the schools provided by them, or providing additional school accommodation (sec. 18); or by doing or permitting any act in contravention of or failing to comply with the regulations according to which a school provided by a school board is required to be conducted (sec. 16). The Education Department may also, in the case of a failure to elect a school board at the time fixed for the first election, or a school board ceasing at any time to be in existence, or to be of sufficient number to form a quorum, proceed in the same manner as if there were a school board acting and the board were in default (sec. 32).

The school board may also be in default by failing to fulfil their duty as a "local authority," under the 39 & 40 Vict., c. 79, post, and under sec. 27 of that Act the Education Department may proceed as if the school board were in default within the meaning of this Act.

(2) When the school board are in default, the Education Department may either proceed under this section, and themselves appoint a new board, or may

under sec. 66 direct that the members of the school board shall vacate their seats and that the vacancies shall be filled by a new election.

It will be observed from the provision in sec. 65 that the Education Department, when they appoint a school board, may assign to the members remuneration for their services.

(3) For provisions with regard to the first election of members of school boards, see secs. 29, 31, and 37.

(4) See also sec. 32 and note. The section referred to provides that in the event of the school board not being elected at the time fixed for the first election, or ceasing to be in existence, or to be of sufficient number to form a quorum, the Education Department may proceed in the same manner as if there were a school board acting, and in default.

Two school boards have been declared by the Education Department to be “in default”—the one at Smeeth, in Kent, and the other at Stourbridge, in Worcestershire. In the former of these cases the school board in 1873, at the request of the ratepayers, re-transferred to the managers a school which had been taken over by the board, and when this was done, the board assumed that their duties were at an end and discontinued their meetings; and it became necessary for the Education Department to maintain the existence of the board by declaring them to be in default. The former members then signified their willingness to serve again; but by their continued absence from all meetings for a period of six successive months they had vacated their seats, and the Education Department were of opinion that they were not re-eligible for election by the ratepayers. It therefore remained for the Department to proceed to the appointment of a new board, under the powers conferred on them in the case of a school board in default; and they accordingly appointed the persons who were previously elected by the ratepayers, and who ceased to hold office under the circumstances stated. At Stourbridge six of the seven members resignel. The Education Department at first proposed to issue an order to fill these vacancies. But it subsequently appeared that the resignations of five out of six were prompted by what they stated to be their inability to act any longer in concert with one of their colleagues; and the Department acted on a suggestion of the five members, and declared the board to be " in default," and then appointed the five members who had resigned to the vacant seats.

Certificate of Education Department as to Appointment Expenses, and Loans.

64. The Education Department may from time to time certify the appointment of any persons appointed to be members of a school board in default, and the amount of expenses that have been incurred by such persons, and the amount of any loan required to be raised for the purpose of defraying any expenses so incurred, or estimated as about to be incurred; and such certificate shall be conclusive evidence that all the requirements of this Act have been duly complied

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with, and that the persons so appointed have been duly appointed, and that the amounts therein mentioned have been incurred or are required.

Expenses incurred on Default.

65. The expenses incurred in the performance of their duties by the persons appointed by the Education Department to be members of a school board, including such remuneration (if any) as the Education Department may assign to such persons, shall, together with all expenses incurred by the board, be paid out of the school fund; and any deficiency in the school fund may be raised by the school board as provided by this Act; and where the Education Department have, either before or after the payment of such expenses, certified that any expenses have been incurred by a school board, or any members appointed by them, such expenses shall be deemed to have been so incurred, and to have been properly paid out of the school fund.

Where the members of a school board have been appointed by the Education Department, such school board shall not borrow or charge the school fund with the principal and interest of any loan exceeding such amount as the Education Department certify as mentioned in this Act to be required.

Secs. 53-56 relate to the school fund and the mode of raising any deficiency in that fund.

Dissolution of School Boards.

66. Where the Education Department are of opinion that in the case of any school district the school board for such district are in default, or are not properly performing their duties under this Act, they may by order direct that the then members of the school board of such district shall vacate their seats, and that the vacancies shall be filled by a new election; and after the date fixed by any such order the then members of such board shall be deemed to have vacated their seats, and a new election shall be held in the same manner, and the Education Department shall take the same proceedings for the purpose of such election as if it were the

first election; and all the provisions of this Act relating to such first election shall apply accordingly.

The Education Department shall cause to be laid before both Houses of Parliament in every year a special report stating the cases in which they have made any order under this section during the preceding year, and their reasons for making such order.

It would appear that the Education Department may exercise the powers conferred by this section, not only when the school board are in default, but in any case in which they are of opinion that the school board are not properly performing their duties under this Act (see also sec. 63, and 39 & 40 Vict., c. 79, sec. 27, post).

The 39 & 40 Vict., c. 79, by sec. 41, post, provides for the dissolution of a school board in certain cases, and no re-election.

RETURNS AND INQUIRY.

Returns by Local Authority.

67. On or before the first day of January, one thousand eight hundred and seventy-one, or in the case of the metropolis before the expiration of four months from the date of the election of the chairman of the school board, every local authority hereinafter mentioned, and subsequently any such local authority whenever required by the Education Department, but not oftener than once in every year, shall send to the Education Department a return containing such particulars with respect to the elementary schools and children requiring elementary education in their district as the Education Department may from time to time require.

As to the "local authority" for furnishing returns, see sec. 69.

The Education Department issued circular letters requiring, in the first instance, general returns showing, as regards each school district, the population according to the last census, the estimated population, the rateable value, the number of ratepayers duly rated under the provisions of the Poor Rate Assessment and Collection Act, 1869, and the number of elementary schools within the limits of the district, whether in operation or in the course of being supplied. Schools which, when completed, were likely to be efficient and suitable for the population, as well as those which were actually at work, were to be included in the return.

Forms of return were also supplied to be filled up by the managers or teacher of each school, whether public or private, within the district, which answered to the definition of an elementary school given in sec. 3 of the Act. The form of return to be furnished by the managers or principal teacher of each such school required the following information :—