Section 17, Act of 1870.-Fees of children.-Every child attending a school provided by any school board shall pay such weekly fee as may be prescribed by the school board, with the consent of the Education Department, but the school board may from time to time, for a renewable period not exceeding six months, remit the whole or any part of such fee in the case of any child when they are of opinion that the parent of such child is unable from poverty to pay the same, but such remission shall not be deemed to be parochial relief given to such parent. Combination of school boards. Any two or more boards may, with the consent of the Department, combine for the maintenance of a school or schools common to their districts, &c. Section 52, Act of 1870.-Combination of school boards.-The school boards of any two or more school districts, with the sanction of the Education Department, may combine together for any purpose relating to elementary schools in such districts, and in particular may combine for the purpose of providing, maintaining, and keeping efficient schools common to such districts. Such agreements may provide for the appointment of a joint body of managers under the provisions of this Act with respect to the appointment of a body of managers, and for the proportion of the contributions to be paid by each school district, and any other matters which, in the opinion of the Education Department, are necessary for carrying out such agreement, and the expenses of such joint body of managers shall be paid in the proportions specified in the agreement by each of the school boards out of their school fund. Removal of teacher from the schoolhouse. If any master or mistress, after having been dismissed, refuse to quit and deliver up possession of the school-rooms, it shall be lawful for the justices of the peace to issue a warrant to some one or more constables to enter the premises and give possession to the managers. Section 86, Act of 1870.-Tenure of teacher and his removal from house under sects. 17 and 18 of 4 & 5 Vict. c. 38.—The provisions of the School Sites Acts (a) with respect to the tenure of the office of the schoolmaster or schoolmistress, and to the recovery of possession of any premises held over by a master or mistress who has been dismissed or ceased to hold office, shall extend to the case of any school provided by a school board, and of any master or mistress of such school, in the same manner as if the school board were the trustees or managers of the school as mentioned in those Acts. (a) These Acts will be found in the Appendix. PART II.-TO CONTRIBUTE TO AND ESTABLISH CERTIFIED INDUSTRIAL SCHOOLS AND CERTIFIED DAY INDUSTRIAL SCHOOLS. Contribution (p. 107). Contribution. A school board may contribute money towards the alteration, enlargement, rebuilding, support, or management of, or purchase of land for, a certified industrial school, or a certified day industrial school, but must give not less than fourteen days' public notice of their intention so to do. On the election of a school board in a borough, the council of that borough cease to have this power of a prison authority so to contribute. The Industrial Schools Act, 1866, will be found in the Appendix, the various modifications thereof are contained in the subjoined sections : Section 27, Act of 1870.-Contribution to industrial schools, 29 & 30 Vict. c. 118.-A school board shall have the same powers of contributing money in the case of an industrial school as is given to a prison authority by sect. 12 of "The Industrial Schools Act, 1866 ;" and upon the election of a school board in a borough the council in that borough shall cease to have power to contribute under that section. Section 14, Act of 1873.—A mendment of 29 & 30 Vict. c. 118, s. 12, as applied to school boards.—Where a school board exercises the powers of a prison authority under the Industrial Schools Act, 1866, not less than fourteen days, instead of not less than two months, previous notice shall be given of the intention of the school board to take into consideration the making of the contribution mentioned in sect. 12 of that Act. Establishment. A school board has also the power, with the consent of one of Her Majesty's principal Secretaries of State, to establish, build, and maintain a certified industrial school, or a certified day industrial school; and, with the like consent, may for that purpose purchase land compulsorily, borrow money, and spread the whole payment over a period of not more than fifty years. Section 28, Act of 1870.—Establishment of industrial school.—A school board may, with the consent of the Education Department (a), establish, build, and maintain a certified industrial school within the meaning of the Industrial Schools Act, 1866, and shall for that purpose have the same powers as they have for the purpose of providing sufficient school accommodation for their district: Provided that the school board, so far as regards any such industrial school, shall be subject to the jurisdiction of one of Her Majesty's principal Secretaries of State in the same manner as the managers of any other industrial school are subject, and such school shall be subject to the provisions of the said Act, and not of this Act. (a) See the 15th section of the Act of 1876, next following, which requires the consent of one of Her Majesty's Principal Secretaries of State instead of the consent of the Education Department. Section 15, Act of 1876.-Amendment as to provision of industrial school by school board. The consent of one of Majesty's principal Secretaries of State, and not of the Education Department, shall be required for the establishing, building, and maintaining of a certified industrial or certified day industrial school by a school board, and to the spreading of the payment of the expense of such establishment and building over a number of years not exceeding fifty, and to the borrowing of money for that purpose; and for the purpose of such borrowing sect. 10 of the Elementary Education Act, 1873, shall be held to apply to the loan in like manner as if one of Her Majesty's principal Secretaries of State were substituted therein for the Education Department, and such establishment and building shall be deemed to be a work for which a school board is authorized to borrow within the meaning of the first schedule to the Public Works Loans Act, 1875. The Act of 1876 gives the school board "the same powers in relation to a certified day industrial school as they have in relation to to a certified industrial school" (b). (b) The sections of the Act of 1876 relating to day industrial schools, their establishment, parliamentary grant, &c., are dealt with in a separate section. PART III-TO MAKE BYE-LAWS RESPECTING THE ATTENDANCE OF CHILDREN AT SCHOOL. Bye-laws (p. 109). Returns from public elementary schools as to attendance (p. 112). Bye-laws. A school board may make bye-laws :— (1.) To compel all children not less than five nor more than thirteen years of age to attend school. But a certain standard of education must always be fixed, the reaching of which by scholars over ten will exempt them from total or partial attendance; and one of the following excuses shall be sufficient to account for a child's non-attendance: (1). Efficient instruction in some other manner; or (2). Sickness, or unavoidable cause; or, (3). No school within three miles by the nearest road. (2). To determine the times of attendance, due regard being paid to a parent's objections to religious instruction, &c., and to the half-time Acts. (3) To remit the fees of children attending the schools provided by the board. (4). To impose penalties for breach of any bye-laws. (5). To revoke or alter bye-laws previously made. Such bye-laws must be deposited at the office of the school board for one month before they are submitted to the Education Department for approval (due notice being published of such deposit), and supplied gratis to every ratepayer demanding a copy of the same. Proceedings for enforcing any bye-laws shall be before a court of summary jurisdiction. Section 74, Act of 1870.-As to attendance of children at school. -Every school board may from time to time, with the approval of the Education Department, make bye-laws for all or any of the following purposes :(1). Requiring the parents of children of such age, not less than five years nor more than thirteen years (a), as may be fixed by the bye-laws (b), to cause such children (unless there is some reasonable excuse) to attend school: (2). Determining the time during which children are so to attend school (c); provided that no such bye-law shall prevent the withdrawal of any child from any religious observance or instruction in religious subjects (d), or shall require any child to attend school on any day exclusively set apart for religious observance by the religious body to which his parent belongs, or shall be contrary to anything contained in any Act for regulating the education of children employed in labour (e) : (3) Providing for the remission *** (*) of the whole or any part of the fees of any child where the parent satisfies the school board that he is unable from poverty to pay the same. (4). Imposing penalties for the breach of any bye-laws. (5). Revoking or altering any bye-law previously made. Provided that any bye-law under this section requiring a child between ten and thirteen years of age to attend school shall provide for the total or partial exemption of such child from the obligation to attend school if one of Her Majesty's inspectors certifies that such child has reached a standard of education specified in such bye-law: Any of the following reasons shall be a reasonable excuse (f); namely:(1). That the child is under efficient instruction in some other manner: (2). That the child has been prevented from attending school by sickness or any unavoidable cause: (3). That there is no public elementary school open which the child can attend within such distance, not exceeding three miles, measured according to the nearest road from the residence of such child, as the bye-laws may prescribe (g). The school board, not less than one month before submitting any bye-law under this section for the approval of the Education Department, shall deposit a printed copy of the proposed bye-laws at their office for inspection by any ratepayer, and supply a printed copy thereof gratis to any ratepayer, and shall publish a notice of such deposit. The Education Department before approving of any bye-laws shall be satisfied that such deposit has been made and notice published, and shall cause such inquiry to be made in the school district as they think requisite. Any proceeding to enforce any bye-law may be taken, and any penalty for the breach of any bye-law may be recovered, in a summary manner (h); but no penalty imposed for the breach of any bye-law shall exceed such amount as with the costs will amount to five shillings for each offence, and such bye-laws shall not come into operation until they have been sanctioned by Her Majesty in Council. (*) The portion of sub-sect. 3 which is repealed will be found in the Appendix. |