board, and the bye-laws may provide for the remission of fees, although not for the payment of fees by the school board. (5) As to the standards of education prescribed by the New Code, see Appendix, p. 370. See also the Regulations of the Education Department with regard to certificates by Her Majesty's inspectors, p. 318, 416 and 472, and sec. 25 of the 36 & 37 Vict., c. 86, post, as to forgery of certificates. In one case, at least, the bye-laws provide for total exemption from compulsory attendance in the cases of children above ten years of age who have passed the examination in the third standard; in others the fourth standard is adopted; in others the fifth, and in some the sixth standard. The practice as to partial exemption varies very considerably in the different districts. (6) It has been held by the Education Department that school boards are not empowered by their bye-laws to provide for the parents of children being called upon by the board to give their reasons for not sending their children to school. Where, in proposed bye-laws, the words "reasonable excuse" have been qualified by such words as "satisfactory to the board," the Education Department have recommended that the qualification should be omitted, on the ground that the school board are not by the statute constituted the judges of what is a "reasonable excuse." The Education Department have stated that if the prepayment of fees is made a rule in a board school, and a child comes to school without his fee, although the parent is not in the opinion of the board unable from poverty to pay the fee, the Department are of opinion that the child may be refused admission, and that this would not constitute a "reasonable excuse" within the meaning of this section for non-attendance. (7) The mode of publishing notice of the deposit is prescribed by sec. 20 of the 36 & 37 Vict., c. 86, post. The following order of the Committee of the Privy Council on Education, which was made under the powers conferred by that section, bears date the 13th of August, 1875: "Their Lordships, having read the 20th section of the Elementary Education Act, 1873, and having also read the order of the Education Department of the 30th December, 1873, made in pursuance of the said section, do hereby, in pursuance of the said section, order that— (1) From and after the date of the present order the aforesaid order of the 30th day of December, 1873, be revoked. (2) From and after the date of the present order, the notice of deposit of bye-laws under sec. 74 of the Elementary Education Act, 1870, shall be published only by advertisement in some one or more of the newspapers circulating in the district of the board whose bye-laws are so deposited. (3) All acts done and proceedings taken before the date of this order, shall, notwithstanding the revocation of the order of the 30th December, 1873, be valid." A form of notice of deposit will be found in the Appendix, p. 430. If the Education Department require alterations to be made in the byelaws submitted to them, the altered bye-laws must be deposited for the inspection of the ratepayers for not less than one month, nothwithstanding that the bye-laws originally proposed were so deposited. It is therefore found convenient to submit to the Education Department a draft of the proposed bye-laws, prior to their being deposited, with the view of ascertaining whether " termmenced in a court of sunnetty 241 10% less than two membora of the deed **** to an inquiry addressed to the Horn Cum it *** considers that for a member of a adunk fome ari summons is illegal, and, if it were legut corbutol Jaiei form of bye-laws has been taamal by He Lebe * = →) Vict., &. 79, sec. 41, post, providea for the form of a calend hey were made may be dissolved. L board, and the bye-laws may provide for the remission of fees, although not for the payment of fees by the school board. (5) As to the standards of education prescribed by the New Code, see Appendix, p. 370. See also the Regulations of the Education Department with regard to certificates by Her Majesty's inspectors, p. 318, 416 and 472, and sec. 25 of the 36 & 37 Vict., c. 86, post, as to forgery of certificates. In one case, at least, the bye-laws provide for total exemption from compulsory attendance in the cases of children above ten years of age who have passed the examination in the third standard; in others the fourth standard is adopted; in others the fifth, and in some the sixth standard. The practice as to partial exemption varies very considerably in the different districts. (6) It has been held by the Education Department that school boards are not empowered by their bye-laws to provide for the parents of children being called upon by the board to give their reasons for not sending their children to school. Where, in proposed bye-laws, the words "reasonable excuse have been qualified by such words as "satisfactory to the board," the Education Department have recommended that the qualification should be omitted, on the ground that the school board are not by the statute constituted the judges of what is a "reasonable excuse." The Education Department have stated that if the prepayment of fees is made a rule in a board school, and a child comes to school without his fee, although the parent is not in the opinion of the board unable from poverty to pay the fee, the Department are of opinion that the child may be refused admission, and that this would not constitute a "reasonable excuse" within the meaning of this section for non-attendance. (7) The mode of publishing notice of the deposit is prescribed by sec. 20 of the 36 & 37 Vict., c. 86, post. The following order of the Committee of the Privy Council on Education, which was made under the powers conferred by that section, bears date the 13th of August, 1875: "Their Lordships, having read the 20th section of the Elementary Education Act, 1873, and having also read the order of the Education Department of the 30th December, 1873, made in pursuance of the said section, do hereby, in pursuance of the said section, order that— (1) From and after the date of the present order the aforesaid order of the 30th day of December, 1873, be revoked. (2) From and after the date of the present order, the notice of deposit of bye-laws under sec. 74 of the Elementary Education Act, 1870, shall be published only by advertisement in some one or more of the newspapers circulating in the district of the board whose bye-laws are so deposited. (3) All acts done and proceedings taken before the date of this order, shall, notwithstanding the revocation of the order of the 30th December, 1873, be valid." A form of notice of deposit will be found in the Appendix, p. 430. If the Education Department require alterations to be made in the byelaws submitted to them, the altered bye-laws must be deposited for the inspection of the ratepayers for not less than one month, nothwithstanding that the bye-laws originally proposed were so deposited. It is therefore found convenient to submit to the Education Department a draft of the proposed bye-laws, prior to their being deposited, with the view of ascertaining whether the Department will be prepared to sanction them. When this is done, alterations can be made without the loss of a month. It will be observed that the Act expressly requires that the bye-laws shall be deposited at the office of the school board. When the school board have no regular office, the place of deposit may be the place of meeting of the board, or the residence of the clerk, according to the circumstances. (8) The Education Department, before approving of bye-laws, require to be furnished with a declaration of the due deposit of the bye-laws and of publication of the notice, together with a copy of the newspaper containing the advertisement. A form of notice of deposit and of declaration of deposit will be found in the Appendix, p. 430, 431. (9) As to the duty of a school board as the "local authority" under the 39 & 40 Vict., c. 79, post, to enforce bye-laws made by them, see sec. 23 of that Act. No penalty imposed for the breach of any bye-law is to exceed such amount as with the costs will amount to 58. for each offence. The clerks to the justices are however entitled to receive the usual fees in these cases, and the difference between the amount paid by the defendant and the usual costs must be borne by the school board. With regard to the powers of a school board to obtain returns of the attendance of children at public elementary schools within their district, and as to evidence and other matters in proceedings for recovery of penalties under bye-laws, see secs. 22, 23, and 24 of the 36 & 37 Vict., c. 86, post, and 39 & 40 Vict., c. 79, sec. 50, post. It will be observed from sec. 50 of the last-mentioned statute, that where an offence is punishable under a bye-law and also under the Education Act of 1876, or any other statute, proceedings may be instituted in respect of the act, neglect, or default, either under the bye-law or the statute in the discretion of the authority or person instituting the proceedings; but proceedings under one enactment or bye-law only can be instituted in respect of the same act, neglect, or default. Any bye-law made before or after the 1st of January, 1877, when the Education Act, 1876, came into operation, if otherwise valid, is not invalid by reason of its being more stringent than the provisions of that Act. With reference, however to this section, see case of School Board of London v. Murphy, p. 247. No legal proceedings for non-attendance or irregular attendance at school are, however, to be commenced in a court of summary jurisdiction, by a 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 school board (see sec. 38 of 39 & 40 Vict., c. 79, post). In answer to an inquiry addressed to the Home Office, it was stated that though the Secretary of State has no authority to give a legal opinion in such a matter, he considers that for a member of a school board to adjudicate on a school board summons is illegal, and, if it were legal, certainly inexpedient. (10) A model form of bye-laws has been issued by the Education Department. The form is given in the Appendix (see p. 427). The 39 & 40 Vict., c. 79, sec. 41, post, provides for the bye-laws of a school board continuing in force until revoked or repealed, although the school board by whom they were made may be dissolved. MISCELLANEOUS. Application of small Endowments. 75. Where any school or any endowment of a school was excepted from the Endowed Schools Act, 1869, on the ground that such school was at the commencement of that Act in receipt of an annual parliamentary grant, the governing body (as defined by that Act) of such school or endowment may frame and submit to the Education Department a scheme respecting such school or endowment. (1) The Education Department may approve such scheme with or without any modifications, as they think fit. The same powers may be exercised by means of such scheme as may be exercised by means of any scheme under the Endowed Schools Act, 1869; and such scheme, when approved by the Education Department, shall have effect as if it were a scheme made under that Act. (2) A certificate of the Education Department that a school was at the commencement of the Endowed Schools Act, 1869, in receipt of an annual parliamentary grant shall be conclusive evidence of that fact for all purposes. (1) The object of the Endowed Schools Act, 1869 (32 & 33 Vict., c. 56) was to authorise various changes in the government, management, and studies of endowed schools, and in the application of educational endowments, with the view to promoting their greater efficiency, and carrying into effect the main designs of the founders of the schools, by putting a liberal education within the reach of children of all classes. 66 Every school, which at the date of the passing of that Act (August 2, 1869), was in receipt of a parliamentary grant, unless it was a grammar school" as defined by 3 & 4 Vict., c. 77, was excepted from the operations of its provisions. The schools thus excepted are now provided for by this enactment. The Endowed Schools Act, 1873 (36 & 37 Vict., c. 87), extends the operation of this section. By sec. 3 of that Act it is provided as follows: 64 "Where an endowed school, not being a grammar school defined by the Act of the session of the 3 & 4 Vict., c. 77, or a department of such a grammar school, is at the commencement of this Act" (the 1st of September, 1873) an elementary school within the meaning of the Elementary Education Act, 1870, and the gross average annual income of the aggregate educational endowments of such school during the three years next before such commencement did not exceed one hundred pounds, in such case after the commencement of this Act nothing in the principal Act" (32 & 33 Vict., c. 56) "shall apply to such school or the endowments thereof, and section seventyfive of the Elementary Education Act, 1870, shall apply to such school and the endowments thereof in like manner as if it were a school which, at the commencement of the principal Act, was in receipt of an annual parliamentary |