make such return, without requiring a return from the local authority (36 & 37 Vict., c. 86, sec. 19).

The Education Department, on receiving the returns, are to consider what public school accommodation, if any, is required for the district. In doing so they are to take into consideration every school-with the exception hereafter mentioned whether a public elementary school or not, and whether situated in the school district or not, which gives, or will when completed give, efficient elementary education to, and is, or will when completed be, suitable for the children of the district (33 & 34 Vict., c. 75, sec. 8).

The exception referred to is the case of a school of which the managers or teachers refuse or neglect to fill up the form required for a return by the local authority, or refuse to allow the inspector appointed by the Education Department to inspect the school house, or examine any scholar or the school books and registers. In that case the school is not to be taken into consideration among the schools giving efficient elementary education in the district (33 & 34 Vict., c. 75, sec. 72).

When the Education Department have arrived at their decision as to the public school accommodation of the district, they are to publish a notice setting forth the number, size, and description of the schools, if any, available for the district, which they have taken into consideration, and the amount and description of the further public school accommodation, if any, which appears to them to be required (33 & 34 Vict., c. 75, sec. 9).

If not less than ten ratepayers, or if ratepayers rated to the poor rate upon a rateable value of not less than onethird of the total rateable value of the district, or if the managers of any elementary school in the district, feel aggrieved by the decision, they may, within one month after the publication of the notice, apply to the Education Department for a public inquiry, and the Education Department are to direct an inquiry accordingly. inquiry accordingly. It may, however, be required as a preliminary proceeding that the applicants shall give security for payment of the expenses of the inquiry in the event of the Education Department, after the con

clusion of the inquiry, deeming it just that the expenses should be borne by them. The inquiry is to be held by some person appointed by the Education Department, at some convenient place in the neighbourhood of the school district, and at least seven days' notice is to be given of each sitting, except adjourned sittings. The person appointed to hold the inquiry is to receive and examine any evidence and information offered, and to inquire into any objections respecting the subject of the inquiry. He is to report the result of his inquiry to the Education Department. His report is to set forth the objections and representations made at the inquiry and his opinion thereon, and also his opinion on the subject generally, and the reasons for his opinion. The Education Department are to cause a copy of the report to be deposited with the town-clerk of the borough, or the churchwardens or overseers of the parishes to which the inquiry relates, and notice of the deposit of the report is to be published (33 & 34 Vict., c. 75, secs. 9, 73).

At any time after the expiration of one month from the publication of the notice of the decision of the Education Department as to the public school accommodation required for a school district, if no inquiry is directed, or after the receipt of the report of the result of an inquiry, the Education Department, if they deem the accommodation insufficient, may publish a final notice directing that the public school accommodation therein mentioned shall be supplied (33 & 34 Vict., c. 75, sec. 9).

If after the expiration of a period not exceeding six months, to be limited by the final notice, the Education Department are satisfied that all the public school accommodation required by the notice has not been supplied, nor is in course of being supplied with due dispatch, they are to cause a school board to be formed for the district (33 & 34 Vict., c. 75, sec. 10).

The several proceedings above referred to may be taken by the Education Department not only after the receipt of the first returns, but in any subsequent year (33 & 34 Vict., c. 75, sec. 13).

It was anticipated that there might be school districts having adequate public school accommodation, in which it

might be deemed desirable that school boards should be formed; and that in other districts it would be fully admitted that additional school accommodation was required, and that it could be best provided by a school board.

These cases are met by sec. 12 of the Act of 1870, which provides that,

When application is made to the Education Department in the case of a school district by the persons on whom it would devolve to elect a school board for the district, or in the case of a borough by the town council (see p. 8), or—

When the Education Department are satisfied that the

managers of any elementary school, the discontinuance of which would render the amount of public school accommodation for the district insufficient, are unable or unwilling to continue to maintain the school,

the Education Department may, without the preliminary inquiries and notices required in other cases, but after such inquiry and such notice as they think sufficient, cause a school board to be formed for the district.

When the application under this section is made by the town council, it is necessary that the resolution on the subject should be passed by a majority of the members present, and voting on the question, at a meeting summoned in the manner in which meetings of the council are ordinarily summoned. When it is made by the persons on whom it would devolve to elect a school board, it is requisite that the resolution should be passed after notice published at least a week previously, in the same manner as near as may be as that in which a member of the school board is elected, with such necessary modifications as may be contained in any order of the Education Department 1 (33 & 34 Vict., c. 75, sec. 31). If the resolution is rejected, it is not to be again proposed

The general regulations issued by the Education Department, as to passing "resolutions for application for school boards" in parishes not within municipal boroughs or within the metropolis, will be found in the Appendix, pp. 340-348.

until the lapse of twelve months from the date of the rejection. The passing of a resolution cannot be questioned except within six months after the declaration of its passing (33 & 34 Vict., c. 75, sec. 31; 36 & 37 Vict., c. 86, sec. 9).

At any time after the Education Department are authorised to cause a school board to be formed for a borough or parish, they may require the mayor or other proper officer to take the necessary proceedings for the election of members. In case of default, the Education Department are to appoint a person who is to be empowered to take the requisite proceedings (33 & 34 Vict., c. 75, sec. 31).

In the case of the metropolis all preliminary proceedings, by way of notice and inquiries, were dispensed with, and it devolved on the Education Department to determine the day on which the first election of members was to take place.

Constitution of School Boards.

In a borough, with the exception of Oxford and Wenlock, the school board are to be elected by the persons whose names are on the burgess roll in force for the time being. In the first instance the number of members is to be not less than five nor more than fifteen, as the Education Department may fix, and afterwards such as the school board, with the approval of the Education Department, determine (33 & 34 Vict., c. 75, secs. 29, 31).

In the City of Oxford, in the event of a school board being formed, one-third of the members are to be elected by the University of Oxford, or the colleges and halls, as may be directed by the Education Department (33 & 34 Vict., c. 75, sec. 93).

In the Borough of Wenlock the elections for school boards within the borough are to take place in the manner provided in the case of a parish (37 & 28 Vict., c. 39).

In a parish not included in the metropolis or in a municipal borough, the members of the board are to be elected by the ratepayers. The provisions with regard to the number of members of a school board for a borough apply also to the board for a parish (33 & 34 Vict., c. 75, secs. 29, 31).

In the case of a united school district, the Education Department, in their order forming the district, are to fix the number of members to be elected at the first election, but, subject to the approval of the Education Department, the number may be subsequently varied by a resolution of the school board. If, however, at the date of the order forming a united school district, a school board exists in any of the school districts constituting the united district, the Education Department may direct that such school board shall, either with or without any change in the existing members, or in the number of the members thereof, be the school board for the united district. Every person in any district included in the united district, who would be entitled to vote in the election of members if it were not so united, is to be an elector. One or more small parishes may be added by the Education Department to any other parish in the united district for the purpose of voting in the election of members of the school board (33 & 34 Vict., c. 75, secs. 46, 48; 37 & 38 Vict., c. 90, sec. 4).

When a parish is partly within and partly without a borough, the ratepayers of the part outside the borough may meet for the purpose of electing members of the school board, in the same manner as if they were inhabitants of a separate parish (33 & 34 Vict., c. 75, sec. 77).

The Education Department, as mentioned hereafter (see p. 25), are empowered to direct that one school district shall contribute towards the provision and maintenance of public elementary schools in another school district or districts. In the case of a contributing school district, a certain number of persons, the number to be fixed by the Education Department, are to be elected to represent the district on the school board of the district to which it contributes. Such members are to be elected by the school board of the contributing district, or, if there is no such board, by the persons who would be entitled to elect the school board (33 & 34 Vict., c. 75, sec. 50).

In the metropolis the school board, which is to be termed the "School Board for London," is to consist of members elected by the following divisions:-Marylebone, Finsbury, Lambeth, Tower Hamlets, Hackney, Westminster, South