that the admission of a child to the school shall in no way depend upon his attendance at any Sunday school or place of religious worship; that any religious observance or instruction in religious subjects at the school shall only take place at the times specified in a time-table approved by the Education Department; and that any child may be withdrawn by his parent from such observance or instruction without forfeiting any of the other benefits of the school. When a school is provided by a school board, not only are the regulations above referred to to be strictly complied with, but no religious catechism or religious formulary distinctive of any particular denomination, is to be taught in the school (33 & 34 Vict., c. 75, sec. 14).

Fees of Children for School Attendance.

The fees to be paid by the children attending a school provided by a school board are to be such as the board, with the consent of the Education Department, prescribe (33 & 34 Vict., c. 75, sec. 17).

The school board may, however, in the case of any child whose parent is unable from poverty to pay the school fees, from time to time, for a renewable period not exceeding six months, remit the whole or any part of the fee payable for attendance at a school provided by the board. But the remission of school fees by the school board is not to be deemed parochial relief to the parent of the child (33 & 34 Vict., c. 75, sec. 17).

A person fraudulently obtaining remission of fees is liable to fourteen days' imprisonment (39 & 40 Vict., c. 79, sec. 37). As regards the payment by the guardians of the school fees of children of poor parents (paupers or non-paupers), see pp. 44, 48.

Bye-Laws of School Board.-Compulsory Attendance at School.

The school board may from time to time make bye-laws requiring the parents of children of an age not less than five years nor more than thirteen years-the age being fixed by

the bye-laws-to cause their children to attend school, unless there is some reasonable excuse.

When a child is under efficient instruction in some other manner, or when the absence from school is on account of sickness, or any unavoidable cause, or where there is no public elementary school which the child can attend within a distance not exceeding three miles, by the nearest road, from the residence of the child-the distance being fixed by the bye-laws-it is to be deemed a "reasonable excuse."

The bye-laws may also determine the time during which children are to attend school, but they are not to prevent the withdrawal of any child from any religious observance or instruction at the school, or require the child's attendance at school on any day exclusively set apart for religious observance by the religious body to which his parent belongs, or be in contravention of any provision in the Acts for regulating the education of children employed in labour.

Any child between ten and thirteen years of age whom one of Her Majesty's Inspectors certifies to have reached such standard of education as may be specified in the bye-laws, is to be wholly or partially exempted from the obligation to attend school.

Bye-laws may also be made providing for the remission of school fees in the case of children of poor parents, imposing penalties for the breach of bye-laws, and revoking or altering bye-laws previously made.

The bye-laws are not to come into operation until approved by the Education Department, and sanctioned by an Order in Council. Not less than one month before they are submitted to the Education Department for approval, a printed copy is to be deposited for inspection at the office of the school board, and notice is to be given of the deposit; and a copy is to be given gratis to any ratepayer. The byelaws sanctioned are to be set out in the report of the Education Department.

No penalty for the breach of a bye-law is to exceed such sum as with the costs will amount to five shillings for each offence (33 & 34 Vict., c. 75, sec. 74); and no legal proceedings for non-attendance or irregular attendance at school

are to be commenced by a person appointed to carry out the compulsory bye-laws of a school board except by direction of not less than two members of the board (39 & 40 Vict., c. 79, sec. 38).

Additional powers are conferred on school boards as the "local authority" under the Education Act of 1876. These are referred to subsequently, see p. 33.

In a school district where bye-laws are in force, the school board may supply forms to any public elementary school for obtaining reasonable information as to the attendance at the school of children residing in their district. If the managers fail to cause the forms to be duly filled up and returned, or such information to be supplied as will enable the school board to ascertain whether a child attending the school attends as required by the bye-laws, the managers are to cause to be produced to the officer of the school board, or other person duly authorised by the school board for the purpose, at any reasonable time the registers and other books as to the attendance of children at the school, and permit him to make copies or extracts. If a difference arises between the school board and the managers as to whether or not the information required by the forms is reasonable, the question is to be referred to the Education Department, and their decision is to be final (36 & 37 Vict., c. 86, sec. 22).

A justice may summon a parent or employer of a child required by a bye-law to attend school, to produce the child before a court of summary jurisdiction, and if without reasonable excuse he fails to do so, he will be liable to a penalty not exceeding twenty shillings (36 & 37 Vict., c. 86, sec. 24).

In proceedings for breach of a bye-law, a certificate purporting to be under the hand of a principal teacher of a public elementary school, stating that a child is or is not attending the school, or stating the particulars of the attendance of the child, or stating that the child has been certified by one of Her Majesty's inspectors of schools to have reached a particular standard of education, will be evidence of the facts stated in the certificate (36 & 37 Vict., c. 86, sec. 24).

Where a child is apparently of the age alleged for the

purpose of the proceeding, it will lie on the defendant to prove that the child is not of such age. It will also be for the defendant to show in a case where a child is attending an elementary school which is not a public elementary school, that the school is efficient; and where a school board in consequence of the default of the managers or proprietor of an elementary school are unable to ascertain whether a child attends such school in conformity with the bye-laws, it will lie on the defendant to prove that the child has duly attended the school (36 & 37 Vict., c. 86, sec. 24).

In proceedings for an offence under a bye-law, the court instead of inflicting a penalty may make an order directing that the child shall attend school; and if the child fails to do so, the person on whom the order is made is to pay a penalty not exceeding that prescribed for breach of the byelaws (36 & 37 Vict., c. 86, sec. 24).

Powers of School Board with regard to Industrial Schools.

If the school board deem it desirable, they may, with the consent of one of Her Majesty's Secretaries of State, establish, build, and maintain a certified industrial school under the Industrial Schools Act, 1866, or a certified day industrial school under the Education Act, 1876 (33 & 34 Vict., c. 75, sec. 28; 39 & 40 Vict., c. 79, sec. 15).

Certain powers are also conferred upon a school board of making contributions towards the expenses of a certified industrial school (33 & 34 Vict., c. 75, sec. 27; 36 & 37 Vict., c. 86, sec. 14).

The school board, as has been already mentioned, may also, if they think fit, appoint an officer to bring children. who are liable to be sent to a certified industrial school before two justices, with the view to their being so sent 33 & 34 Vict., c. 75, sec. 36).

With reference to certified industrial schools and certified day industrial schools, see also p. 48.

Gifts to School Board for Educational Purposes.

A school board may be constituted trustees for any educational endowment or charity for purposes connected with education, and may accept any real or personal property given to them as an educational endowment, or upon trust for educational purposes, subject to the following conditions:

(1.) That the school board shall not be trustees for or accept any educational endowment, charity or trust, the purposes of which are inconsistent with the principles on which the school board are required to conduct schools provided by them (see p. 17).

(2.) That every school connected with the endowment, charity or trust, shall be deemed to be a school provided by the school board, except that the board are not under this enactment to expend any money out of the local rate for any purpose other than elementary education (36 & 37 Vict., c. 86, sec. 13).

Proceedings in the case of Default of School Board.

Powers of great importance are conferred upon the Education Department, with the view of enabling them to secure a compliance with the requirements of the statute in the event of default on the part of a school board.

A school board may be declared to be " in default "

(1.) If they fail to comply within a period of twelve months with the requisition sent by the Education Department on the formation of the board, requiring them to supply the public school accommodation specified in the requisition (33 & 34 Vict., c. 75, sec. 11); or,

(2.) If when the Education Department send the board a requisition requiring them to fulfil their duty as regards keeping efficient the schools provided by them, or supplying additional public school accommodation, they fail to comply with the requisition within the time, not being less than three months, which may be specified by the Education Department (33 & 34 Vict., c. 75, sec. 18); or,