8.

borough, also any board, commissioners, select vestry, or
other body which has power to act under and for the
purposes of any Act relating to local government, or the
public health, or to poor law, or otherwise to administer
money raised by rates in pursuance of any public general
Act, but does not include any public body as above defined
existing elsewhere than in the United Kingdom (u):

The expression "public office" means any office or employment
of a person as a member, officer, or servant of such public
body:

The expression "person" includes a body of persons corporate or unincorporate:

The expression "advantage" includes any office or dignity, and any forbearance to demand any money or money's worth or valuable thing, and includes any aid, vote, consent or influence, or pretended aid, vote, consent or influence, and also includes any promise or procurement of or agreement or endeavour to procure, or the holding out of any expectation of any gift, loan, fee, reward, or advantage, as before defined.

Sect. 7.

10. This Act may be cited as the Public Bodies Corrupt Practices Short title. Act, 1889.

TECHNICAL INSTRUCTION ACT, 1889.

(52 & 53 VICT. CAP. 76) (y).

An Act to facilitate the Provision of Technical Instruction.

[30th August, 1889.]

1.—(1.) A local authority may from time to time out of the Power for local rate (2) supply or aid the supply of technical or manual

(u) This definition includes all sanitary authorities, urban and rural. (x) Sections 8 and 9 apply to Scotland and Ireland respectively. (y) This Act enables local authorities (including county councils) to supply or aid the supply of technical or manual instruction as defined by s. 8, infra. It is amended or explained by the Technical Instruction Act, 1891 (54 Vict. c. 4), post. The Technical and Industrial Institutions Act, 1892 (55 & 56 Vict. c. 29), post, facilitates the acquisition and holding of land for the purposes of such institutions, and the Local Taxation (Customs and Excise) Act, 1890 (53 & 54 Vict. c. 60), s. 1, post, empowers county councils to make contributions for the purposes of technical education out of sums received by them in respect of the residue of the English share of the local taxation (customs and excise) duties under that Act. Such contributions may be made over and above the limited amount which may be raised by rates under the present Act. County councils may also acquire schools for science and art and literary and scientific institutions under the 54 & 55 Vict. c. 61, post; as to their powers with respect to intermediate education in Wales, see the 52 & 53 Vict. c. 40, ante, p. 423.

(2) The "local rate," in the case of a county council, is the county fund, s. 4, infra.

local

authority to

Sect. 1 (1). instruction (t), to such extent and on such terms as the authority think expedient, subject to the following restrictions, namely:—

supply or
aid the supply
of technical
instruction.

(a.) The local authority shall not out of the local rate supply or
aid the supply of technical or manual instruction to
scholars receiving instruction at an elementary school in the
obligatory or standard subjects prescribed by the minutes of
the Education Department for the time being in force;
(b.) It shall not be required, as a condition of any scholar being
admitted into or continuing in any school aided out of the
local rate, and receiving technical or manual instruction
under this Act that he shall attend at 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: Provided that in any school, the erection of
which has been aided under this Act, it shall not be required
as a condition of any scholar being admitted into or
continuing in such school, that he shall attend at 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;

(c.) No religious catechism or religious formulary, which is
distinctive of any particular denomination, shall be taught
at any school aided out of the local rate, to a scholar
attending only for the purposes of technical or manual
instruction under this Act, and the times for prayer or
religious worship, or for any lesson or series of lessons on a
religious subject, shall be conveniently arranged for the
purpose of allowing the withdrawal of such scholar
therefrom;

(d.) A local authority may, on the request of the school board for its district or any part of its district, or of any other managers of a school or institution within its district for the time being in receipt of aid from the Department of Science and Art, make, out of any local rate raised in pursuance of this Act, to such extent as may be reasonably sufficient, having regard to the requirements of the district, but subject to the conditions and restrictions contained in this section, provision in aid of the technical and manual instruction for the time being supplied in schools or institutions within its district, and shall distribute the provision so made in proportion to the nature and amount of efficient

(t) See the definition, s. 8, infra; as to aiding the technical and manual instruction supplied in institutions outside the county, and providing scholarships and paying the fees of students ordinarily resident within the county, see the Technical Instruction Act, 1891, s. 1, post.

technical or manual instruction supplied by those schools Sect. 1 (1). or institutions respectively (u);

(e.) Where such other managers of a school or institution receive aid from a local authority in pursuance of this section, the local authority shall, for the purposes of this Act, be represented on the governing body of the school or institution in such proportion as will, as nearly as may be, correspond to the proportion which the aid given by the local authority bears to the contribution made from all sources other than the local rate and money provided by Parliament to the cost of the technical or manual instruction given in the school or institution aided;

(f.) If any question arises as to the sufficiency of the provision made under this section, or as to the qualification of any school or institution to participate in any such provision, or as to the amount to be allotted to each school or institution, or as to the extent to which, or mode in which, the local authority is to be represented on the governing body of any such school or institution, the question shall be determined by the Department of Science and Art: Provided that no such provision, out of any rate raised in pursuance of this Act, shall be made in aid of technical or manual instruction in any school conducted for private profit; and

(g.) The amount of the rate to be raised in any one year by a local authority for the purposes of this Act shall not exceed the sum of one penny in the pound.

(2.) A local authority may for the purposes of this Act appoint a committee consisting either wholly or partly of members of the local authority, and may delegate to any such committee any powers exerciseable by the authority under this Act, except the power of raising a rate or borrowing money.

(3.) Nothing in this Act shall be construed so as to interfere with any existing powers of school boards with respect to the provision of technical and manual instruction (u).

2. It shall be competent for any school board or local authority, Provision for should they think fit, to institute an entrance examination for entrance persons desirous of attending technical schools or classes under their management or to which they contribute.

(u) A school provided by a school board must be a "public elementary school," that is to say, elementary education must be the principal part of the education there given. See Elementary Education Act, 1870 (33 & 34 Vict. c. 75), ss. 3, 14. This does not necessarily exclude other subjects. It is believed that the law officers of the Crown have advised the Education Department that school boards may provide their scholars with technical or manual instruction, and that these boards commonly provide such instruction and receive aid from the Science and Art Department.

examination.

Sect. 3.

Parlia

mentary grants in aid

of technical instruction.

Provisions as

to local authorities.

51 & 52 Vict. c. 41.

45 & 46 Vict. c. 50.

Audit of accounts of

3. The conditions on which parliamentary grants may be made in aid of technical or manual instruction shall be those contained in the minutes of the Department of Science and Art in force for the time being.

4.-(1.) For the purposes of this Act the expression "local authority" shall mean the council of any county or borough and any urban sanitary authority within the meaning of the Public Health Acts.

(2.) The local rate for the purposes of this Act shall be—

(a.) In the case of a county council, the county fund (x);
(b.) In the case of a borough council, the borough fund or
borough rate;

(c.) In the case of an urban sanitary authority not being a
borough council, the district fund and general district
rate, or other fund or rate applicable to the general
purposes of the Public Health Acts;

(3.) A county council may charge any expenses incurred by them under this Act on any part of their county for the requirements of which such expenses have been incurred (y).

(4.) A local authority may borrow for the purposes of this Act-
(a.) In the case of a county council, in manner provided by the
Local Government Act, 1888 (z);

(b.) In the case of a borough council, as if the purposes of this
Act were purposes for which they are authorised by
section one hundred and six of the Municipal Corpora-
tions Act, 1882, to borrow;

(c.) In the case of an urban sanitary authority not being a borough council, as if the purposes of this Act were purposes for which they are authorised to borrow under the Public Health Acts.

5. Where the managers of a school or institution receive aid from aided schools. a local authority in pursuance of this Act, they shall render to the local authority such accounts relating to the application of the money granted in aid, and those accounts shall be verified and audited in such manner as the local authority may require and the managers shall be personally liable to refund to the local authority any money granted under this Act, and not shown to be properly applied for the purposes for which it was granted.

Audit of

accounts of urban sanitary authority.

6. The accounts of the receipts and expenditure of an urban sanitary authority under this Act shall be audited in like manner

(x) See Local Government Act, 1888, s. 68, ante, p. 130.

(y) Expenses so charged will be "special expenses." Local Government Act, 1888, s. 68.

(*) See Local Government Act, 1888, s. 69, ante, p. 132.

COUNTY COUNCILS ASSOCIATION EXPENSES ACT, 1890 (53 VICT. c. 3).

439

and with the like incidents and consequences, as the accounts of Sect. 6. their receipts and expenditure under the Public Health Act, 1875.

7. *

8. In this Act—

* (a).

technical and

The expression "technical instruction" shall mean instruction Meaning of
in the principles of science and art applicable to industries, manual
and in the application of special branches of science and instruction.
art to specific industries or employments. It shall not
include teaching the practice of any trade or industry or
employment, but, save as aforesaid, shall include instruc-
tion in the branches of science and art with respect to
which grants are for the time being made by the Department
of Science and Art, and any other form of instruction
(including modern languages and commercial and agricul-
tural subjects), which may for the time being be sanctioned
by that Department by a minute laid before Parliament and.
made on the representation of a local authority that such a
form of instruction is required by the circumstances of its
district.

The expression "manual instruction" shall mean instruction in
the use of tools, processes of agriculture, and modelling in
clay, wood, or other material.

9. This Act shall not extend to Scotland.

Extent of
Act.

10. This Act may be cited as the Technical Instruction Act, 1889. Short title.

COUNTY COUNCILS ASSOCIATION EXPENSES

ACT, 1890 (b).

(53 VICT. CAP. 3.)

An Act to remove doubts as to the Legality of certain Payments by
County Councils.
[29th March, 1890.]

WHEREAS an association of county councils of England and
Wales has been formed for the purpose of consultation as to their
common interests and the discussion of matters relating to local
Government:

1. The council of an administrative county may pay out of the Power to county fund, as general expenses incurred by them in the execution defray

(a) Section 7 relates to Ireland exclusively.

(b) This Act extends to county councils a principle which has been recognized in the Poor Law Conferences Act, 1883 (46 Vict. c. 11), and the Public Health and Local Government Conferences Act, 1885 (48 & 49 Vict. c. 22). In these Acts the usefulness of discussing questions relating to poor law or local government is recognized. The above Act goes a step further in permitting a subscription to the fund of the County Councils Association.

expenses in