make an order directing that the child shall attend school, and that, if he fail so to do, the person on whom such order is made shall pay a penalty not exceeding the penalty to which he is liable for failing to comply with the bye-law : (3)

(4) Any justice may require by summons any parent or employer of a child, required by a bye-law to attend school, to produce the child before a court of summary jurisdiction, and any person failing, without reasonable excuse to the satisfaction of the court, to comply with such summons shall be liable to a penalty not exceeding twenty shillings : (5.) A certificate purporting to be under the hand of the principal teacher of a public elementary school, stating that a child is or is not attending such school, or stating the particulars of the attendance of a child at such school, or stating that a child has been certified by one of Her Majesty's Inspectors to have reached a particular standard of education, shall be evidence of the facts stated in such certificate: (4)

(6.) Where a child is apparently of the age alleged for the purposes of the proceeding, it shall lie on the defendant to prove that the child is not of such age: (5)

(7.) If a child is attending an elementary school which is not a public elementary school, it shall lie on the defendant to show that the school is efficient, and the court, in considering whether an elementary school is efficient, shall have regard to the age of the child and to the standard of education corresponding to such age prescribed by the minutes of the Education Department for the time being in force with respect to the parliamentary grant:

(8.) Where a school board are, by reason of the default of the managers or proprietors of an elementary school, unable to ascertain whether a child, who is resident within the district of such school board and attends such school, attends school in conformity with a bye-law made by such school board, it shall lie on the defendant to show that the child has attended school in conformity with the bye-law: (6)

(9.) Any person may appear by any member of his family or any other person anthorised by him. in this behalf: (7)

(1) As to "Court of Summary Jurisdiction," see secs. 23 and 27. (2) Sub-clauses 1 and 2 are repealed by the Summary Jurisdiction Act, 1884 (47 & 48 Vict., c. 43). But provisions to the same effect as those repealed are contained in sec. 39 (1) and (2) of the Summary Jurisdiction Act, 1879 (42 & 43 Vict., c. 79).

(3) With regard to the penalty for failing to comply with a bye-law, see sec. 74 of the 33 & 34 Vict., c. 75, ante.

(4) As to the offence of forging or counterfeiting a certificate, or giving or signing a false certificate, or knowingly using a forged or false certificate, see sec. 25. As to standards of elementary education prescribed by the Department, see p. 528.

(5) The 39 & 40 Vict., c. 79, by secs. 25 and 26, post, provides facilities for obtaining certified copies of entries in the registers of births for purposes of school boards and public elementary schools.

(6) With regard to powers of school boards to obtain information as to attendance of children at public elementary schools, see sec. 22, ante. (7) As to the appearance of the school board in legal proceedings, see sec. 85 of the 33 & 34 Vict., c. 75, ante.

Forgery of Certificate, and giving false Information.

25. Every person who forges or counterfeits any certificate which is by this Act made evidence of any matter, or gives or signs any such certificate which is to his knowledge false in any material particular, or, knowing any such certificate to be forged, counterfeit, or false, makes use thereof, shall be liable on summary conviction to imprisonment for a period not exceeding three months, with or without hard labour.

This section is extended, by sec. 37 of the 39 & 40 Vict., c. 79, post, to the forgery of certificates under that Act.

DEFINITIONS AND REPEAL.

Schedules part of Act.

26. The schedules to this Act shall be of the same force as if they were enacted in the body of this Act.

27. In this Act

Interpretation.

The term "guardians" includes any body of persons performing the functions of guardians within the

meaning of the Acts relating to the relief of the poor:

The term "union" means any union or incorporation of parishes under any general or local Act, and any single parish having guardians as defined by this Act under any general or local Act:

The term "common fund" means, in the case of a union which comprises only one parish, the fund applicable to the relief of the poor of such parish:

The term the "Summary Jurisdiction Acts" means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled, "An Act to facilitate the performance of the duties of Justices of the Peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same: The term "court of summary jurisdiction" means any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts.

Repeal and Savings.

28. The principal Act is hereby repealed, to the extent specified in the third column of the fourth schedule to this Act.

Provided that—

(1.) Any order or regulation of the Education Department made under any enactment hereby repealed shall continue in force as if it had been made under this Act:

(2.) Any school board elected under any enactment hereby repealed shall continue and be deemed to have been elected under this Act: (3.) The repeal of any Act or enactment by this Act shall not

(a.) Affect anything duly done or suffered under any such Act or enactment; or

(b.) Affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any such Act or enactment, or bye-law; or

(c.) Affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any such Act, enactment, or bye-law;

or

(d.) Affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding, and remedy may be carried on as if this Act had not passed.

SCHEDULES.

ORDERS

AND

DEPARTMENT

FIRST SCHEDULE.

REGULATIONS OF THE EDUCATION
RELATING ΤΟ ELECTIONS OF AND

APPLICATIONS FOR SCHOOL BOARDS.

7th October, 1870.

27th October, 1870.

27th October, 1870.

Order fixing the boundaries of the divisions of the metropolis, with the number of members to be elected by each division, and appointing the returning officer for the first election of the school board for London and his deputies.

Order regulating the first election of the school board for London. General regulations for the first election of school boards in boroughs.

21st December, 1870. General regulations for the first

election of school boards in parishes not situate within municipal boroughs, or within the metropolis.

21st December, 1870. General regulations as to passing

6th January, 1871.

15th March, 1873.

resolutions for application for school boards in parishes not situate within municipal boroughs or within the metropolis. Regulations for the first election of a school board for the district of the local board of Oxford.

General regulations as to the formation of united school districts.

See the orders which have been since issued with reference to resolutions for application for school boards and the election of school boards, pp. 477-516.