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A.D. 1870.

School dis

The term "Her Majesty's inspectors" means the inspectors of schools appointed by Her Majesty on the recommendation of the Education Department.

The term "managers" includes all persons who have the management of any elementary school, whether the legal interest in the schoolhouse is or is not vested in them. The term "teacher" includes assistant teacher, pupil teacher, sewing mistress, and every person who forms part of the educational staff of a school.

The term "parent" includes guardian and every person who is liable to maintain or has the actual custody of any child.

The term "elementary school" means a school or depart-
ment of a school at which elementary education is the
principal part of the education there given, and does not
include any school or department of a school at which
the ordinary payments in respect of the instruction, from
each scholar, exceed ninepence a week.

The term "schoolhouse" includes the teacher's dwelling-
house, and the playground (if any), and the offices, and
all premises belonging to or required for a school.
The term "vestry" means the ratepayers of a parish meet-
ing in vestry according to law.

The term "ratepayer" includes every person who under
the provisions of the Poor Rate Assessment and Collec-
tion Act, 1869, is deemed to be duly rated.

The term "parliamentary grant" means a grant made in aid of an elementary school, either annually or otherwise, out of moneys provided by Parliament for the civil service, intituled 'For public education in Great Britain.'

(I.) LOCAL PROVISION FOR SCHOOLS.

4. For the purposes of this Act the respective districts, tricts, &c., in boards, rates and funds, and authorities described in the first schedule. schedule to this Act shall be the school district, the school board, the local rate, and the rating authority.

School district

schools.

Supply of Schools.

5. There shall be provided for every school district a suffito have sufficient amount of accommodation in public elementary schools cient public (as hereinafter defined) available for all the children resident in such district for whose elementary education efficient and suitable provision is not otherwise made, and where there is an insufficient amount of such accommodation, in this Act

referred to as "public school accommodation," the deficiency A.D. 1870. shall be supplied in manner provided by this Act.

6. Where the Education Department, in the manner pro- Supply of vided by this Act, are satisfied and have given public notice schools in case of deficiency. that there is an insufficient amount of public school accommodation for any school district, and the deficiency is not supplied as hereinafter required, a school board shall be formed for such district and shall supply such deficiency, and in case of default by the school board the Education Department shall cause the duty of such board to be performed in manner provided by this Act.

public elemen

7. Every elementary school which is conducted in accor- Regulations dance with the following regulations shall be a public for conduct of elementary school within the meaning of this act; and every tary school. public elementary school shall be conducted in accordance with the following regulations (a copy of which regulations shall be conspiciously put up in every such school); namely, (1.) It shall not be required as a condition of any child being admitted into or continuing in the school, that he shall attend or abstain from attending any Sunday School, or any place of religious worship, or that he shall attend any religious observance or any instruction in religious subjects in the school or elsewhere, from which observance or instruction he may be withdrawn by his parent, or that he shall, if withdrawn by his parent, attend the school on any day exclusively set apart for religious observance by the religious body to which his parent belongs:

(2.) The time or times during which any religious observance is practised or instruction in religious subjects is given at any meeting of the school shall be either at the beginning or at the end or at the beginning and the end of such meeting, and shall be inserted in a time table to be approved by the Education Department, and to be kept permanently and conspicuously affixed in every schoolroom; and any scholar may be withdrawn by his parent from such observance or instruction without forfeiting any of the other benefits of the school:

(3.) The school shall be open at all times to the inspection of any of Her Majesty's inspectors, so, however, that it shall be no part of the duties of such inspector to inquire into any instruction in religious subjects given at such school, or to examine any scholar

A.D. 1870.

Determination

accommodation.

therein in religious knowledge or in any religious subject or book:

(4.) The school shall be conducted in accordance with the conditions required to be fulfilled by an elementary

school in order to obtain an annual parliamentary grant.

Proceedings for Supply of Schools.

8. For the purpose of determining with respect to every by Education school district the amount of public school accommodation, if Department of deficiency of any, required for such district, the Education Department public school shall, immediately after the passing of this Act, cause such returns to be made as in this Act mentioned, and on receiving those returns, and after such inquiry, if any, as they think necessary, shall consider whether any and what public school accommodation is required for such district, and in so doing they shall take into consideration every school, whether public elementary or not, and whether actually situated in the school district or not, which in their opinion gives, or will when completed give, efficient elementary education to, and is, or will when completed be, suitable for the children of such district.

Notice by Education Department of public school accom

modation required.

9. The Education Department shall publish a notice of their decision as to the public school accommodation for any school district, setting forth with respect to such district the description thereof, the number, size, and description of the schools (if any) available for such district, which the Education Department have taken into consideration as above mentioned, and the amount and description of the public school accommodation, if any, which appears to them to be required for the district, and any other particulars which the Education Department think expedient.

If any persons being either

(1.) Ratepayers of the district, not less than ten, or if less than ten being rated to the poor rate upon a rate

able value of not less than one third of the whole rateable value of the district, or,

(2.) The managers of any elementary school in the district, feel aggrieved by such decision, such persons may, within one month after the publication of the notice, apply in writing to the Education Department for and the Education Department shall direct the holding of a public inquiry in manner provided by this Act.

At any time after the expiration of such month, if no public inquiry is directed, or after the receipt of the report made after such inquiry, as the case may be, the Education Department

may, if they think that the amount of public school accommo- A.D. 1870. dation for the district is insufficient, publish a final notice stating the same particulars as were contained in the former notice, with such modifications (if any) as they think fit to make, and directing that the public school accommodation therein mentioned as required to be supplied.

10. If after the expiration of a time not exceeding six Formation of months, to be limited by the final notice, the Education De- school board and requisipartment are satisfied that all the public school accommodation tion to provide required by the final notice to be supplied has not been so schools. supplied, nor is in course of being supplied with due despatch, the Education Department shall cause a school board to be formed for the district as provided in this Act, and shall send a requisition to the school board so formed requiring them to take proceedings forthwith for supplying the public school accommodation mentioned in the requisition, and the school board shall supply the same accordingly.

school board.

II. If the school board fail to comply with the requisition Proceedings within twelve months after the sending of such requisition in on default of manuer aforesaid, they shall be deemed to be in default, and if the Education Department are satisfied that such board are in default they may proceed in manner directed by this Act with respect to a school board in default.

Formation of

without

12. In the following cases, (that is to say,) (1.) Where application is made to the Education Depart- school boards ment with respect to any school district by the inquiry upon persons who, if there were a school board in that application. district, would elect the school board, or with respect to any borough, by the council;

(2.) Where the Education Department are satisfied that the managers of any elementary school in any school district are unable or unwilling any longer to maintain such school, and that if the school is discontinued the amount of public school accommodation for such district will be insufficient,

the Education Department may, if they think fit, without making the inquiry or publishing the notices required by this Act before the formation of a school board, but after such inquiry public or other, and such notice as the Education Department think sufficient, cause a school board to be formed for such district, and send a requisition to such school board in the same manner in all respects as if they had published a final notice.

An application for the purposes of this section may be

A.D. 1870. made by a resolution passed by the said electing body after notice published at least a week previously or by the Council, and the provisions of the second part of the second schedule to this Act with respect to the passing of such resolution shall be observed.

Department

year.

Proceedings 13. After the receipt of any returns under this Act subby Education sequently to the first with respect to any school district, and after the first after such inquiry as the Education Department think necessary, the Education Department shall consider whether any and what public school accommodation is required in such district in the same manner as in the case of the first returns under this Act, and where in such district there is no school board acting under this Act they may issue notices and take proceedings in the same manner as they may after the receipt of the first returns under this Act, and where there is a school board in such district they shall proceed in manner directed by this Act.

Management of school by school board.

Appointment

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14. Every school provided by a school board shall be conducted under the control and management of such board in accordance with the following regulations:

(1.) The school shall be a public elementary school within the meaning of this Act:

(2.) No religious catechism or religious formulary which is distinctive of any particular denomination shall be taught in the school.

15. The school board may, if they think fit, from time to of managers time delegate any of their powers under this Act except the by school board, power of raising money, and in particular may delegate the control and management of any school provided by them, with or without any conditions or restrictions, to a body of managers appointed by them, consisting of not less than three persons.

The school board may from time to time remove all or any of such managers and within the limits allowed by this section add to or diminish the number of or otherwise alter the constitution or powers of any body of managers formed by it under this section.

Any manager appointed under this section may resign on giving written notice to the board. The rules contained in the third schedule to this Act respecting the proceedings of bodies of managers appointed by a school board shall be observed.

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