(3.) If the board permit any act in contravention of, or fail to comply with the regulations prescribed by the Act, with regard to schools provided by a school board (see p. 17). Until the contrary is proved, any act or omission of any member of the board, or manager, or person under the control of the board, is to be deemed to be permitted by the board (33 & 34 Vict., c. 75, sec. 16).

(4.) If the Board fail to perform their duty as a local authority under the Education Act, 1876, see p. 45 (39 & 40 Vict., c. 79, sec. 27).

When the Education Department have declared a school board to be "in default," they may appoint any number of persons, not less than five nor more than fifteen, to be members of the school board; and on such appointment the persons who were previously members of the board are to be deemed to have vacated their offices (33 & 34 Vict., c. 75, sec. 63). The members thus appointed may be remunerated for their services out of the school fund (sec. 64).

When the default has been remedied, the Education Department may, by order, direct that members for the school board shall be elected as in the case of the first formation of the school board, but until such order is made the members are to be appointed exclusively by the Education Department (33 & 34 Vict., c. 75, sec. 63).

It is further provided that if in the opinion of the Education Department the school board are in default, or are not properly performing their duties, they may, if they think fit, direct that the then existing members of the board shall cease to hold office, and may order a new election for supplying the vacancies. The cases in which the Education Department exercise these powers are each year to be set forth in a special report, which is to be laid before Parliament (33 & 34 Vict., c. 75, sec. 66).

In the event of a failure to elect a school board at the time fixed for the first election, or of a school board ceasing to exist, the Education Department are empowered to proceed in the same manner as if the board existed and were in default (33 & 34 Vict., c. 75, sec. 32).

United School Districts.

If the Education Department deem it expedient, they may, by order, unite any two or more adjoining school districts not included in the metropolis (33 & 34 Vict., c. 75, sec. 40).

By the formation of a united school district, an unnecessary multiplication of schools and the consequent expense may be avoided, and an equalization of the rate required for school purposes may be secured where the circumstances of adjoining school districts render it desirable.

When the Education Department propose to form a united school district they are to give intimation of their intention in the notice of their decision as to the public school accommodation (see p. 5) for the districts proposed to be united. Persons who feel aggrieved may apply for a public inquiry with reference to the proposed union: an inquiry may be held, and the Education Department may issue their final notice, in the same manner as is provided with regard to the decision of the Education Department in respect of the school accommodation of a district (see p. 6), except that the public inquiry as to the proposed union may be deferred until after the expiration of the period allowed by the final notice for the supply of the school accommodation. Where a union of districts is contemplated by the Education Department, their decision as to the public school accommodation required is to refer to the area of the several districts proposed to be united, and not separately to each of the constituent districts (sec. 41).

Where, however, a resolution in favour of union has been passed separately in each district that it is proposed should be united,' and if a school board have been elected, by the school board, the Education Department may, if they think fit, form a united school district, and cause a school board to be formed for the united district in like manner and under

The regulations of the Education Department with reference to the passing of a resolution for application for a school board for a united district will be found in the Appendix, p. 345.

the like circumstances as they are authorised to cause a school board to be formed for a school district under sec. 12 of the Act of 1870 (see p. 7), without making the inquiry or publishing the notices above referred to (36 & 37 Vict., c. 86, sec. 11).

The Education Department are empowered to take the necessary proceedings for the formation of a united school district, not only in the first year from the passing of the Act, but in any subsequent year when they may deem it expedient. In the latter case not less than three months' notice is to be given of the proposed order, and before the order is issued there may be an appeal and a public inquiry (33 & 34 Vict., c. 75, sec. 43).

When a united school district is formed it is to be deemed a school district, and to be substituted for the school districts which are comprised in it.

A united school district formed by the Education Department may be dissolved by them (33 & 34 Vict., c. 75, sec. 42). After the expiration of three months from the date of the order forming or dissolving a united school district, no objection to the formation or dissolution of the district is to be entertained in any legal proceedings (sec. 44).

The provisions as to the constitution of a school board also apply to the school board of a united school district. (As to the election of the school board for a united school district, see p. 9.) The name of the district is to be such as the Education Department may prescribe (33 & 34 Vict., c. 75, sec. 46).

The Education Department may dissolve the school board or make all necessary changes in the constitution of the board, and adjust the rights and liabilities of the school board, when they include in a united school district a district, or part of a district, for which a school board has been established, or dissolve a united school district (sec. 47).

Contributory Districts.

It not unfrequently happens that a school or schools in one district may be available for children resident in a neigh

bouring district, and where the Education Department think it desirable they may direct that a proportion of the expenses of providing and maintaining public elementary schools shall be contributed by a school district other than that in which the schools are provided.

The Education Department are empowered to alter or revoke an order for contribution (33 & 34 Vict., c. 75, sec. 51).

As to the election of members to represent the contributing district at the school board of the school-owning district, see p. 9.

Expenses.

All expenses of a school board are to be paid out of a fund to be called the "School Fund." To this fund are to be carried all moneys received as fees from scholars or in respect of the Parliamentary Grant, sums raised by loan, and all other moneys received by the school board (33 & 34 Vict., c. 75, sec. 53; 39 & 40 Vict., c. 79, sec. 30).

The amount required to meet any deficiency in the school fund, whether in respect of past or future liabilities, is to be paid by the "rating authority" out of the "local rate."

The "rating authority" in boroughs are the council of the borough; in parishes not included in the metropolis or a borough, the overseers; and as to the metropolis-in the City of London, the Commissioners of Sewers; in parishes included in Schedule A of the Metropolis Management Act, the vestry; in districts included in Schedule B, the district board; and in places included in Schedule C, the masters of the bench, treasurer, governors, or other persons who have the chief control or authority in the place. The only exceptions are that in the City of Oxford the local board, and in the parishes comprised in the Borough of Wenlock the overseers, are the rating authority.

The "local rate" in boroughs, with the exception of Oxford and Wenlock, is the borough fund or borough rate; in parishes not included in the metropolis or a borough, the poor rate; and as to the metropolis-in the City of London, the consolidated rate; in parishes and districts mentioned in

Schedules A and B of the Metropolis Management Act, the general rate and fund raised by the general rate; and in places included in Schedule C, the rate levied for the purposes of the Metropolitan Poor Act, 1867, and amending Acts. With regard to the exceptions-in the City of Oxford, the rate leviable by the local board, and in the parishes comprised in the Borough of Wenlock, the poor rate is the "local rate."

The school board may serve their precept on the rating authority, and the sum specified in the precept is to be paid by the rating authority to the treasurer of the school board.

If the rating authority have no moneys in their hands on account of the local rate, they are empowered to levy a rate, or an increased rate, for the purpose of paying the amount required by the precept, or, if they have paid the amount, of reimbursing themselves the sum paid (33 & 34 Vict., c. 75, sec. 54; 39 & 40 Vict., c. 79, sec. 49).

In the case of a united school district, the amount required to meet a deficiency in the school fund is to be apportioned amongst the districts constituting the school district in proportion to their rateable value (33 & 34 Vict., c. 75, sec. 55).

The amount required by the London school board is to be apportioned amongst the different districts, parishes, and places in the metropolis, in proportion to the rateable value shown by the valuation lists in force under the Valuation (Metropolis) Act, 1869, or any other Acts for making valuation lists, or if no such lists are in force, according to the basis on which the last rate made by the Metropolitan Board of Works was assessed. For obtaining payment of any amount specified in a precept of the school board the board have the same powers as the Metropolitan Board of Works in respect of sums assessed by them (33 & 34 Vict., c. 75, sec. 37; 36 & 37 Vict., c. 86, sec. 16).

Where a school district contributes to the expenses of schools in another school district, the precept for the proportion of those expenses may be sent either to the school board, if any, or to the rating authority of the contributing district (33 & 34 Vict., c. 75, sec. 55).