Default of local authority to make returns.

If the local authority fail to make the required returns, the Department may delegate their duties and powers to other persons (sect. 70, Act of 1870), and by sect. 19 of the Act of 1873, the Department may appoint persons at once to furnish returns, without calling for them from the local authority.

Section 70, Act of 1870.-Proceedings on default of authority to make returns. If any local authority fail to make the returns required under this Act, the Education Department may appoint any person or persons to make such returns, and the person or persons so appointed shall for that purpose have the same powers and authorities as the local authority.

Section 19, Act of 1873.-Extension of 33 & 34 Vict. c. 75, s. 70, to returns.-Where the Education Department have power under the principal Act to require any local authority to send to them a return, the Education Department, without requiring such local authority to make the return, shall have the same power of appointing a person or persons to make such return as they would have under section seventy of the principal Act if the local authority had been required to make and had failed to make such return.

Inquiry by inspectors of the Education Department.

The Department may appoint inspectors to inquire into the accuracy of the returns made, and into the suitability and efficiency of any schools named in the return, and to examine the scholars (sect. 71, Act of 1870).

Section 71, Act of 1870.-Inquiry by inspectors of Education Department.-The Education Department may appoint any persons to act as inspectors of returns, who shall proceed to inquire into the accuracy and completeness of any one or more returns made in pursuance of this Act, and into the efficiency and suitability of any school mentioned in any such return, or which ought to have been mentioned therein, and to inspect and examine the scholars in every such school. Where there is no return, the inspector shall proceed as if there had been a defective return.

Refusal to fill up forms and admit inspectors.

In case the managers or teachers of any school refuse to fill up any return required, or refuse admission to the in

spector, the school will not be reckoned as providing efficient school accommodation in the district (sect. 72, Act of 1870).

Section 72, Act of 1870.-Refusal to fill up forms and to admit inspectors. If the managers or teacher of any school refuse or neglect to fill up the form required for the said return, or refuse to allow the inspector to inspect the school house or examine any scholar, or examine the school books and registers, or make copies or extracts therefrom, such school shall not be taken into consideration among the schools giving efficient elementary education to the district.

Decision of the Education Department as to whether any further school accommodation is required.

The Education Department having received the returns from the local authority, and the report of the inspectors appointed by them to inquire into the accuracy of the returns and the efficiency of the schools, are directed by sect. 9 of the Act of 1870, to publish a notice of their decision on the public school accommodation in the district. The notice is to set forth a description of the district, the number, size, and description of the schools (if any) available for the district and the deficiency (if any) existing in the district.

Section 9, Act of 1870.-Notice by Education Department of public school accommodation required.-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 rateable 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 Aet.

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 accommodation 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 be supplied.

Public inquiry as to the correctness of the returns.

The ratepayers or the managers of an elementary school, in the district, if they feel aggrieved by the decision of the Department, may, within one month, appeal in writing for a public inquiry. If a public inquiry be held, it must be held in the manner prescribed by sect. 73, which gives to the Department the power to appoint the person to hold the inquiry, and provides that such person shall hold a sitting or sittings in the neighbourhood of the school district affected, shall hear any statement tendered to him, and shall make a report to the Department, a copy of which is to be communicated to the school board (if any), or to the town clerk, or churchwardens or overseers. The Department determine whether the district or the applicants for the inquiry shall pay the costs.

After the expiration of the month, or after any such inquiry, the Department may, if they deem the amount of public school accommodation to be insufficient, publish a final notice, directing the required school accommodation to be supplied.

Section 73, Act of 1870.-Public inquiry.-Where a public inquiry is held in pursuance of the provisions of this Act the following provisions shall have effect:

(1). The Education Department shall appoint some person who shall proceed to hold the inquiry:

(2). The person so appointed shall for that purpose hold a sitting or sittings in some convenient place in the neighbourhood of the school district to which the subject of inquiry relates, and thereat shall hear, receive, and examine any evidence and information offered, and hear and inquire into any objections or representations made respecting the subject of the inquiry, with power from time to time to adjourn any sitting,

spector, the school will not be reckoned as providing eff school accommodation in the district (sect. 72, Act of

Section 72, Act of 1870.-Refusal to fill up forms and to ac spectors. If the managers or teacher of any school refuse or ne fill up the form required for the said return, or refuse to a inspector to inspect the school house or examine any scholar, or the school books and registers, or make copies or extracts t such school shall not be taken into consideration among th giving efficient elementary education to the district.

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