SECOND SCHEDULE, ACT OF 1873.

Rules respecting election of members of a school board.

(1). The election of a school board shall be held at such time and in such manner and in accordance with such regulations as the Education Department may from time to time by order prescribe; and the Education Department may by order appoint or direct the appointment and make regulations as to the duties, remuneration, and expenses of any officers requisite for the purpose of such election, and do and make regulations respecting all other necessary things preliminary or incidental to such election, and revoke or alter any previous order, whether confirmed by or made in pursuance of this Act.

Provided as follows:

(a) The candidates at every election shall be nominated in writing: (b) Any poll shall, so far as circumstances admit, be conducted in like manner in which the poll at a contested municipal election is directed by the Ballot Act, 1872, to be conducted; and, subject to any exceptions or modifications contained in any order of the Education Department made in pursuance of this Act, the Ballot Act, 1872, shall apply in the case of the election of a school board in like manner as if the provisions thereof were herein enacted with the substitution of "school board election" for "municipal election:"

(c) In a parish which is not situate in the city of London, or in a borough, other than the borough of Oxford, the book containing the last rate made for such parish more than one month previously to any date shall be the register of the ratepayers entitled to vote in such parish at that date; and every ratepayer whose name appears in such rate book shall be entitled to vote unless he is disqualified for voting (b), and no person shall be entitled to vote whose name does not so appear:

(2). Elections to fill casual vacancies in the metropolis and elsewhere shall be held only on the day in the year appointed or prescribed for the election of members (c), unless the Education Department order an election to be held on some other day, in pursuance of the rule numbered sixteen in the first part of the second schedule to the principal Act.

(3). An order made in pursuance of this schedule shall, save as otherwise provided by such order, apply to all school boards (d).

(b) A man who has been found guilty of corrupt practices at a school board election is disqualified for six years from voting.

(c) The Act of 1876, however, declares that casual vacancies "may be filled by the remaining members of the school board, if a quorum."

(d) In pursuance of the powers thus conferred on them the Education Department have issued, amongst others, the following orders :

(1). General regulations as to passing resolutions for school boards in parishes.

(2). General regulations for the first election of school boards in boroughs and parishes.

(3). General regulations respecting elections to fill vacancies.

(4). General regulations respecting triennial elections.

(5). Orders for the compulsory formation of school boards in single and united districts.

(6). Orders for the formation of contributory districts.

Members: Their term of office; Retirement;
Disqualification.

Notice must be sent by the returning officer to each member elected; and, in the case of a first election, a summons to attend the first meeting. A member, unless he becomes disqualified, holds office for three years.

A member vacates his seat on the board

1. By resignation. One month's notice thereof is required. 2. By being absent (except upon grounds to be approved by the board) from all meetings of the board for six months.

3. By being imprisoned for some crime.

4. By becoming bankrupt or entering into a composition or arrangement with his creditors.

5. By accepting any place of profit under the board. 6. By sharing in the profits of some contract made with the board (the exceptions allowed thereto are given in p. 78).

7. By being convicted of corrupt practices at any election held during the last six years.

8. At the expiration of three years after the board was first elected. A member chosen to fill a casual vacancy or to represent a contributory district during the three years will also retire at the same date.

The following are Rules 8, 12, 13 and 14 of the Second Schedule of the Act of 1870 (Part I.) :

8. Notice of the election of a person to be a member of the school

board shall be sent to that person by the returning officer: in the case of the first election such notice shall be accompanied by a summons to attend the first meeting of the school board at the prescribed time (b).

12. Any person who ceases to be a member of the school board shall, unless disqualified as hereinafter mentioned, be re-eligible.

13. A member of the school board may resign on giving to the board one month's previous notice in writing of his intention so to do (c).

14. If a member of the school board absents himself during six successive months from all meetings of the board, except from temporary illness or other cause to be approved by the board, or is punished with imprisonment for any crime, or is adjudged bankrupt, or enters into a composition or arrangement with his creditors, such person shall cease to be a member of the school board, and his office shall thereupon be

vacant.

(b) Although the Education Department have not prescribed that the returning officer shall attend the first meeting, the official letter acknowledging receipt of the return of elected members requests him to communicate the names of the chairman and vice-chairman. Moreover, his attendance has been found very convenient, as he produces to the board the requisition and order under which he has acted, and can, being neutral, occupy the chair until the chairman is chosen, but the board have the right to ask him to withdraw. (c) This notice of his intention to resign may be withdrawn at any time during the month.

Casual vacancies.

Casual vacancies may be filled up in one of two ways. 1. If the number of members remaining is sufficient to form a quorum, then they elect at a meeting specially called for the purpose, and by a resolution passed by a majority of their number present, a person or persons to fill the existing vacancy or vacancies. 2. If the number of persons has fallen below a quorum (and the Department do not declare the board to be in default), the election to fill the vacancies will be held by the ratepayers in pursuance of an order to the returning officer from the Education Department. Section 44, Act of 1876.—Amendment of 33 & 34 Vict. c. 75, as to elections to fill casual vacancies in school board.-From and after the passing of this Act the Elementary Education Act, 1870, shall be construed as if there were substituted for the rule numbered fifteen in the first part of the second schedule to that Act, which is repealed by this Act, the rule in the third schedule to this Act; and any reference to the said second schedule or the first part thereof shall be construed to refer to the same with the rule so substituted, but the said substitution shall not affect anything done before the passing of this Act,

THIRD SCHEDULE, ACT OF 1876.

Rule as to election of school board.

If any casual vacancy in the office of a member of a school board occurs by death, resignation, disqualification, or otherwise, such vacancy may be filled by the remaining members of the school board, if a quorum, at a special meeting of the board called for the purpose.

Rule 17 of the Second Schedule of the Act of 1873, says :

17. The member chosen to fill up a casual vacancy shall retain his office so long only as the vacating member would have retained the same if no vacancy had occurred (a).

(a) So that all members retire from office at the end of the three years for which the board was originally elected.

Triennial elections.

All school boards are elected for three years, and members must retire from office on each successive third anniversary of the first election, e.g., the day fixed for the first election of a school board, being the 1st of January, 1871, all members will retire on the 1st of January, 1874, 1877, 1880, &c.

By the general order of the Education Department regulating triennial elections in boroughs and parishes, triennial elections must be held not more than fourteen nor less than four clear days before the anniversary of the first election, e.g., the day fixed for the first election of the board having been (say) 1st January, 1871, the triennial elections of the board must be held not more than fourteen nor less than four clear days before the 1st of January, 1874, 1877, 1880, &c.

Notwithstanding that the order regulating triennial elections is general, it is the practice of the Department to give several weeks' notice to returning officers when the triennial elections of school boards fall due in their districts, but it would be quite competent for a returning officer to act on the general order should he fail to receive such notice.

It should be particularly borne in mind that no discretion whatever is left to returning officers with respect to the question whether the constituents of a board desire their former members to continue in office, or whether the retiring members are willing to serve again.

The returning officer is bound to act on the order of the

Education Department, and to issue a notice that an election will take place. The burgesses of the borough and the ratepayers of the parish then have the opportunity afforded them of either nominating any or all of their old members or of nominating an entirely fresh number of candidates, or they may abstain from sending in any nomination whatever.

In this last case the old members may meet and declare their willingness to serve again, and on passing a formal resolution to that effect, they become a school board for the ensuing three years, the expense and excitement of an election being avoided, and the district continuing to receive the benefit of the service of persons who have learnt their duties as members.

When a triennial election has been held the returning officer is required by the Department only to send notice of his election to each elected member, and a copy of the notice of election to the clerk. The clerk will then summon the first meeting of the new board, which, by Rule 1 (b), of the third schedule to the Act of 1873 is to be "as soon as possible after every triennial election." ("School Board Election Manual," pp. 61-2.)

The following are Rules 9, 10, 11 and 19 of the Second Schedule of the Act of 1870 (Part I.).

9. The day for the triennial retirement of members shall be the the prescribed day (b).

10. The first members shall retire from office on the day for retirement which comes next after the expiration of three years from the day fixed for the first election.

11. Members chosen to fill the offices of retiring members shall come into office on the day for retirement, and shall hold office for three years only (c).

19. The term "prescribed" in this schedule means prescribed by some minute or order of the Education Department.

(b) i.e., the day appointed by the Education Department, and in their general regulations respecting triennial elections they have prescribed that the members should retire on the third anniversary of that day "which was fixed for the first election of the school board."

(c) The new members come into office on the very day that the old members retire, so, unless there is a failure in the election, there is no interregnum. Members chosen to fill casual vacancies hold office only up to the next triennial election of the board,