Societies, who shall thereupon give his certificate of registration (z), that, on due registration, the members of the society shall become a body corporate, with limited liability, and power to hold lands and buildings (a),—and lastly, that any society registered under the Act may be constituted a company under the Companies Act, 1862, by conforming to the provisions of that statute (b). (*) 25 & 26 Vict. c. 87, s. 5; 30 & 31 Vict. c. 117, s. 4. (a) 25 & 26 Vict. c. 87, s. 5; 34 & 35 Vict. c. 80, ss. 1, 2. See Queensbury Industrial Society v. Pickles, Law Rep., 1 Exch. 1. (b) As to the 25 & 26 Vict. c. 89, vide sup. pp. 19-25. In addition to the societies of which some account has been given in the text, we may also refer to loan societies, which are regulated by 3 & 4 Vict. c. 110, and 26 & 27 Vict. c. 56; and to discharged prisoners' aid societies, as to which, see 25 & 26 Vict. c. 44; 28 & 29 Vict. c. 126, s. 42. CHAPTER IV. OF THE LAWS RELATING TO EDUCATION. THERE can be no doubt that the subject of national education is one deserving the anxious attention of the legislature for it is among persons who have to a certain extent had the advantage of intellectual culture, that the temptations to crime will ordinarily be most counteracted by the suggestions of conscience or of prudence; and it is among these, too, that the arts by which the condition of human life is improved and adorned will be found chiefly to flourish. Upon the question, however, whether it is right or expedient to enforce education among us by laws of a compulsory character, there is fairly room for difference of opinion. That it may be done without violating the principles of civil liberty, will not perhaps be doubted by those who consider it as consistent with those principles, that parents should be (as they have long been) compellable to provide, out of their means, for the bodily wants of those to whom they have given birth; and at all events the legislature has now determined the question in the affirmative by passing, in the year 1870, the "Elementary Education Act;" of the general nature of which and of the several Acts by which it has been subsequently amended we shall give the reader some account. But in addition to this scheme, by which a compulsory system of education is for the first time in this country enacted by positive law, there are other important measures contained in our statute book connected with the subject of education. And we shall arrange the present chapter under the following heads:-I. As to Public Elementary Education. II. As to Public and Endowed Schools. III. As to Sites for Schools for the Poor and for Literary and Scientific Institutions. IV. As to Parliamentary Grants for the Education of the Poor. V. As to Pauper Schools. VI. As to Reformatory Schools; and VII. As to Industrial Schools. I. As to Public Elementary Education. The chief provisions on this subject will be found in the Elementary Education Act, 1870 (33 & 34 Vict. c. 75), the general scheme of which remains unaltered, although in certain points alterations have been effected by "The Elementary Education Act, 1873" (36 & 37 Vict. c. 86 (a)). For the purposes of this Act the whole of England is considered as portioned out into school districts: for each of which there shall be provided a sufficient amount of accommodation in public elementary schools, available for all the children resident in such district, for whose elementary education efficient and suitable provision is not otherwise made (b); and, as the general rule, every borough, and also every parish not included in a borough, forms a school district by itself (c)—though two or more adjoining districts may be united together where such union seems expedient (d). When the Education Department of the Privy Council (to whom the general carrying out of the Act is entrusted) shall have given public notice that for any school district there is an insufficient amount of public school accommodation, and the deficiency shall not be supplied by private enterprise, there shall be formed for such district a school (a) There are also the 34 & 35 Vict. c. 94; 35 & 36 Vict. cc. 27, 59, and 36 & 37 Vict. c. 49. (b) 33 & 34 Vict. c. 75, s. 5. (c) Sect. 4, and first schedule of the Act. These pro (d) Sects. 40-47. visions however do not affect the metropolis, which is a school district by itself with regulations of its own. (Ib. sched. 1.) board (e), who shall be elected, for the term of three years, by ballot (f), and the electors thereof shall, in a borough, be the persons on the burgess roll; and, in a parish not included in a borough (or in the metropolis), shall be the rate-payers thereof (g). To these school boards so appointed throughout the country is committed by the Act the working out of its provisions, though only under the general superintendence and control of the Education Department; and each board is to provide a sufficient number of public elementary schools within its district-it being provided that each of such schools shall be conducted in accordance with the regulations provided by the Act, of which the chief are: -1. That it shall not be required as a condition of any child being admitted or continuing in the school, that he shall attend or abstain from attending any Sunday school or place of public worship, or that he shall attend any religious observance or instruction from which he may be withdrawn by his parents. 2. That the period during which religious observance is practised or instruction in religious subjects given shall be at prescribed times either at the beginning or end of the school meeting. 3. That the school shall at all times be open to the inspection of any of her Majesty's inspectors of schools, who shall not, however, in the exercise of their duties, inquire into the instruction given to the scholars in religious subjects(h). 4. That no religious catechism or formulary which is dis (e) 33 & 34 Vict. c. 75, s. 6. The board is to consist of not less than five nor more than fifteen members, as determined by resolution of the board approved by the Education Department. (Sect. 31.) (f) As to the election, see second schedule (Pt. I.), 34 & 35 Vict. c. 94; 35 & 36 Vict. c. 59; and 36 & 37 Vict. c. 86, ss. 5-9, and second schedule thereto. As to the "Ballot Act, 1872" (made applicable by the schedule last mentioned to school board elections), vide sup. vol. II. p. 371. (g) 33 & 34 Vict. c. 75, s. 29. As to the election of the school board in the metropolis, see sect. 37, second sched., Part III., and 36 & 37 Vict. c. 86, s. 16, and second schedule thereto. (h) 33 & 34 Vict. c. 75, s. 7. tinctive of any particular denomination, shall be taught in the school (i). It is to be observed that if any school board shall do or permit any act in contravention of, or fail to comply with the prescribed regulations for the conduct of a public elementary school, the Education Department may declare such board to be "in default" (k), and may thereupon proceed to appoint fresh members thereof; and on such appointment, the previous members shall be deemed to have vacated their offices as if they were dead (1): and the new members so appointed shall hold office during the pleasure of the Education Department, who, when they consider that the default has been remedied, and every thing necessary for that purpose has been carried into effect, may order that members be elected for the school board for the district, in the same manner as in the case of the first formation of the school board (m): or the Education Department may, if they see fit, should they be of opinion that the school board for any district are in default, or are not properly performing their duties, order the then members to vacate their seats, and the vacancies to be filled by a new election (n). But a special annual report is to be laid before parliament, stating the cases in which this power has been exercised, and the reasons which existed for the dissolution of the board (o). Among the other provisions of the Act which require to be noticed, even in such a general account as our limits make necessary, is one by which a school board is enabled, if they think fit, from time to time for a renewable period not exceeding six months, to pay the whole or any part of the school fees payable at any school by any child resident in their district whose parent is in their opinion unable from poverty to pay the same, and this without such payment (i) 33 & 34 Vict. c. 75, s. 14. (k) Sect. 16. (4) Sect. 63. (m) Sect. 63. |