being deemed to be parochial relief to such parent (p); and may also in their discretion sanction the establishment of a school at which no fees shall be required from the scholars, where such an institution shall be expedient for the interests of education on the ground of the poverty of the inhabitants of the place (g).

On the other hand, the attendance at school is, as the general rule, intended by the Act to be obligatory, and with this object every school board is authorized, with the approval of the Education Department, to make bye-laws for all or any of the following purposes:-1. Requiring the parents of children between the ages of five and thirteen 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. 3. Providing for the remission or payment of the fees where the parent can establish an inability from poverty (r).

It is, however, required that any bye-law under which a child between the age of ten and thirteen must attend school, shall provide for its total or partial exemption from such obligation if he or she can obtain a certificate from one of her Majesty's inspectors of schools of having reached a standard of education specified in such bye-law (s). Moreover, any of the following reasons shall be deemed to be a reasonable excuse for the child's non-attendance:-1. That the child is under efficient instruction in some other man

(p) 33 & 34 Vict. c. 75, s. 25. No such payment is to be made or refused, on condition of the child attending any public elementary school other than such as may be selected by the parent. (Ibid.)

(q) Sect. 26. The school board may also establish or contribute to an Industrial School; as to which, vide post, p. 110.

(r) Sect. 74.

(8) Ibid. There is also a proviso that no bye-law shall fix the time of

attendance so as to prevent the withdrawal of the child from any religious observance or instruction, or so as to require the child to attend school on any day exclusively set apart for religious observation by the religious body to which the parent belongs, or so as to contravene the regulations of any Act regulating the education of children employed in labour. (Ibid.; see also 36 & 37 Vict. c. 86, ss. 3, 22.)

ner.

2. That the child has been prevented from attending by sickness or other unavoidable cause. 3. That there is no public elementary school open within the distance of three miles from the residence of such child (t).

We may conclude by remarking that the expenses of every school board are to be defrayed by fees from the scholars, by Parliamentary grants, or by monies raised by loan, (so far as such resources will go); and that any deficiency is to be raised by a local rate (u)—that the Education Department are required in every year to lay before both houses of parliament a report of their proceedings during the preceding year (x)—and that there are special provisions in the Acts with regard to the election and powers of the school board for the metropolis (y).

II. As to Public and Endowed Schools.

With respect to the schools first mentioned, it is to be observed that, in the year 1861, a royal commission issued to inquire into the endowments and management of certain of our "public schools; " and a variety of changes in the government, management and studies of the schools or colleges of Eton, Winchester, Westminster, Charterhouse, Harrow, Rugby and Shrewsbury were recommended for adoption in their report. In order to give time for deliberate consideration, a temporary Act (27 & 28 Vict. c. 92, continued by 36 & 37 Vict. c. 75) was then passed, to prevent the future acquisition of any vested interests by those holding office in the above schools, such as might impede the free action of the legislature; and Acts have now been passed to carry into effect certain of the changes recommended by the commissioners (z).

The general scheme thus devised is chiefly contained in the first of these, the "Public Schools Act, 1868"

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(31 & 32 Vict. c. 118), and it is thereby enacted that the governing body" which existed at the date of the Act in any of the above schools, might within a certain time proceed to make such statutes for determining and establishing the constitution of the future governing body of such school as might be deemed expedient; but that after such time had expired, all powers of making statutes with the above object should pass to certain "special commissioners" mentioned in the Act (a); and that the new governing body thus appointed, should have power to make regulations with respect to the number of the boys, the mode in which they are to be boarded and lodged, the payments to be made for their maintenance and education, the course of study, the powers to be committed to the head master, and the like (b); and also to make statutes with regard to a variety of matters connected with the school (c). These matters (which are too numerous for complete specification) include the privileges, numbers, and rules for admission of such boys as are on the foundation, or have rights as to education or maintenance; regulations as to the scholarships, exhibitions, and other emoluments belonging to the school; the mode and conditions of appointment to ecclesiastical benefices which shall become vested in the governing body; the number, position, rank, salaries and emoluments of the masters, and the disposal of the income of the property of the school. But all statutes in regard to these matters, and indeed all which are made with any object, must be submitted for the approval of the special commissioners already mentioned, and of her Majesty in council (d). It is also provided by the Act, that (subject to vested interests) the head master of every school to which it applies shall be appointed by and hold his office at the pleasure of the new governing body; and that all other masters shall

(a) 31 & 32 Vict. c. 118, s. 5. (b) Sect. 12.

(c) Sect. 6.

(d) Sect. 9.

be appointed by and hold their offices at the pleasure of the head master (e).

With respect to endowed grammar schools, in which Latin and Greek or either of such languages are taught, exclusive of the public schools to which the above Acts apply, an Act passed in the year 1840 (3 & 4 Vict. c. 77), for improving the condition and extending such schools, by which it was enacted, that, whenever any question should come under consideration in equity concerning the system of education thereafter to be established in any grammar school, or the right of admission into the same, it should be lawful to make decrees or orders for extending the system of education in the school in question to other useful branches of literature and science, for regulating the right of admission into the school, or for establishing schemes for the application of its revenues,paying due regard nevertheless to the intentions of the founders and benefactors, as well as to other circumstances; and where any special visitor exists, giving him an opportunity to be heard. In many other respects, also, this Act placed the management of such schools under the control of Chancery; and it provided that its powers might be exercised in cases brought before it on mere petition, according to the provisions of the 52 Geo. III. c. 101, with regard to charitable trusts (ƒ).

Moreover, by the 23 Vict. c. 11, the trustees or governors of any endowed school (subject to a variety of exceptions particularized in the Act) were enabled to make orders for the admission of children whose parents were not in communion with the church or sect, according to whose doctrines or formularies religious instruction was to be afforded under the endowment. But, notwithstanding the

(e) 31 & 32 Vict. c. 118, s. 13. (f) 3 & 4 Vict. c. 77, s. 21. As to the 52 Geo. 3, c. 101, vide sup. p. 73. The provisions of the Cha

ritable Trusts Acts, (vide sup. pp. 74, 75,) seem also to apply to the grammar schools in question.

partial relief given by these enactments, it was felt that the law as to schools generally still required careful reorganization; and accordingly, in the year 1864, a royal commission issued to inquire into the education given in places of instruction not comprised in previous commissions, viz.:-1. Grammar and other endowed schools; 2. Proprietary schools; and, 3. Private schools. An elaborate report of this commission having been laid before parliament, a temporary Act (31 & 32 Vict. c. 32, continued by 36 & 37 Vict. c. 75) was passed, as in the case of the public schools already mentioned, with the object of preventing the acquisition of vested interests pending legislation on the subject; and Acts have been now passed to carry into effect some of the recommendations of the commissioners (g).

The general scheme thus devised is chiefly comprised in the first and last of these; that is to say, in "The Endowed Schools Act, 1869" (32 & 33 Vict. c. 56), and "The Endowed Schools Act, 1873" (36 & 37 Vict. c. 87). And by these it is provided (h), that her Majesty may from time to time appoint a paid board of commissioners, not exceeding three in number (i), to whom is entrusted the duty of preparing, after such examination or public inquiry as they may think necessary, draft schemes framed in order to render any educational endowment more conducive to the advancement of education of boys and girls. or either of them (k). And with this object they may in such schemes alter and add to any existing and make new trusts, directions and provisions in lieu of those

(g) These are 32 & 33 Vict. c. 56; 36 & 37 Vict. c. 7, and c. 87.

(h) The Endowed School Acts do not apply to the public schools mentioned sup. p. 97; and certain other classes of schools are also excepted from their application (32 & 33 Vict. c. 56, s. 8). Moreover, by 36 & 37 Vict. c. 87, s. 3, elementary schools, within the meaning of 33 & 34 Vict. c. 75, are also, in general,

excepted. On the other hand, they do apply to such grammar schools (other than the above public schools) as are the subject of the provisions contained in 3 & 4 Vict. c. 77, mentioned sup. p. 99.

(i) 32 & 33 Vict. c. 56, s. 31. "Assistant" commissioners may be employed at the discretion of the treasury. (Ibid.) (k) Sect. 9.