The Express.
London, England, 1853-04-11 00:00:00

LORD JOILN RUSSELL'S EDUCATION BILL.

• BILL FOIL Tat PROMOTION OP EDUCATION IN CITIES
AND NOROUOMB IN ENGLAND.
[Note.—The words printed in /toties are proposed to be
inserted in Committee.]
Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Loris Spiritual and
Temporal, and Commons. iii this present parliament assem-
bled, and by the authority of the same, That—
'. It shall be lawful for the council of any borough within
the provisions of the act passed in the sixth year of King
William the Fourth, " to provide for the regulation of mu-
nicipal corporation* in England and Wales," or of any
borough in England to which a charter of incorporation has
been granted since the passing of the said act, or shall be
hereafter Remand, by a resolution agreed to by not less than
tiro din do of such of the members No shall be present at •
meeting of such council, to adopt the provisions of this act
in such borough, and thereupon the provisions hereinafter
contained stunt come into operation in such borough accord.
ingly. Provided always that before any meeting at which any
such resolution shah be agreed to notice of the time and
place of such intended meeting, and a summons to every
tnember of the said council to attend the said meeting,
inten-
tionr
p o,
it‘ok par obi); stehseetcsha
dr e saucltu teioo
nn
e,
rshillg bet h
eg
isickne,
such notice sod summons respectively specifying the
ninotmi
este nanne
summon!, few-teen clear days at least before such meeting.
2. The town clerk of every borough in which a resolu-
tion to adopt the provisions of this act is agreed toss afore-
said shall, forthwith after such resolution has been agreed
to, send notice thereof in writing under his hand to tho
secretary of the Committee of Council on Education.
3. The council of every borough in which this act shall
be adopted shall, either at the meeting at which it shall be
resolve.l to adopt the provisions of this act, or at some sub-
sequent meeting, appoint a school committee for such
borough; and ow the tenth day of Nurember in every year,
or within fourteen days thereaner, the council of such
borough shall, at a meeting of such council, appoint a new
school committee ; every such school committee as aforesaid
to consist, according to the discretion of the council appoint-
ing the same, of any number (not less than nine nor more
titan tireidy-fire), and either wholly of such members of
such council, or in part of members of such council and in
part of other persons resident in the borough, such other
persons, if any, not to exceed one-half of the whole number
of such committee; and every such school committee ap-
pointed as aforesaid shall continue to act until a new MOM
mince is appointed in its place; and no person shall be
ineligible for appointment as a member of any new com-
mittee by reason of having been a member of the outgoing
committee.
4. All acts authorised to be done by any school com-
mittee may be done by the major part of such members of
the committee as may be present at any meeting of such
committee, the whole number present not being less than
one-fourth.
5. If any member of any school committee die, resign, or
become incapable to act, the council shall, as soon as con-
veniently may be, appoint in his place some other person
eligiole to be appointed a member of such committee, but
the remaining members may continue to act notwithstand-
ing any such vacancy.
6. The school committee may from time totime make bye-
laws and regulations for the government of their
proceedings, and for the due execution of the dif-
ferent provisions of this act, so far as the same
shall be under the control or management of such
committee : Provided, that no such bye-law or regulation
shall be valid and operative until the same shall have been
submitted to the Committee of Council on Education, and
shall have been approved by such last-mentioned coin.
mittee, such approval to be certified under the hand of
their secretary ; and any such bye-law or regulation may
be from time to time repealed or altered by such school
committee, with such approval as aforesaid.
7. The schools hereinafter mentioned within any borough
in which this act shall be in operation shall, subject to the
conditions and qualifications hereinafter contained, be ad-
missible to the benefit of this act (that is to say), every
school within such borough which, in pursuance of some
one or more of the minutes of the Committee of Council on
Education according to which schools have been or can be
admitted to partake in the benefits arising from the anneal
grants made by parliament for the promotion of education,
shall have been admitted or be admissible to partake
any of such benefits, and wherein any teacher shall be em.
',toyed who shall have obtained a certificate of merit from
the said Committee of Council on Education, provided that
such admission or admissibility have, within one month
next before the making of such application as herein.
after mentioned, been certified in writing:under the handel
the secretary of such committee; provided always, that la
determining whether any school should or should not be
certified to be so admitted or admissilsle as aforesaid, no reo
geed !dull be had to any minute of the said committee of
council which shall not have been presented to both houses
of parliament before the last grant, for the time being, for
public education in Great Britain was voted by the House
of Commons, or to the admission or exclusion of any school
to or teem any of the benefits of the said grants in pur-
suance thereof.
8. It shall be lawful for the managers, trustees, or pro-
prietors of any such school as aforesaid to make application
in writing to the school committee for the borough in which
such school is situate to be admitted to the benefit of this act ;
and every such application shall be accompanied by a copy
of the teacher's certificate of merit; and such school com-
mittee shall furtwith upon receipt of such application ac-
companied with such certificate, and any other certificate
which may be required by this act, admit such school to the
benefit of this act, aid shall cause an entry of such admis-
sion to be made in the minutes of their proceedings; and a
notification of such admission shall be transmitted to the
managers, trustees, or proprietors of the school, and such
admission shall take effect as from the time of such applica-
tion.
9. Save where the school to which the said application
shall relate is a school for children under the age of six
years, such application shall be accompanied by a certificate
ta writing signed by the teacher, or, if there be more than
one, by the principal teacher of the said school, certifying
that the general instruction of the children thereat includes
reading, writing, arithmetic, Eugliah grammar, Enghsh
history, and the elements of geography, and in the case of
a girl's school plain needlework; and a like certificate
shall once every year, at such time as may be appointed by
the school committee, be sent to such committee by the
trustees, managers, or proprietors of such school, or by such
teacher under their direction.
10. The parents' guardians, or other persons maintaining
any child received into any school admitted to the benefit
cf this act may, by giving notice to the master, cause such
child to be withdrawn from any matter of instruction to
which such person as aforesaid shall on religious grounds
object, and shall be at liberty during the period of such
withdrawal to provide for the instruction of such child else-
where than in the school; and no child attending any such
school shall be required to attend or abstain from attending
any particular Sunday school or place of religious worship
contrary to the wishes of such parents, guarthans, or other
persons, to be declared in some such writing as aforesaid.
11. hen any school shall be admitted to the benefit of
this act, a register (in a form to be approved by the said
committee of council on education), showing the attendance
or absence of each scholar, shall be kept by the managers,
trustees, or proprietors of the said school, or by the teacher
thereof; and a copy of such register shall be sent to the
school committee at such period as such committee shall
from time to time appoint; and any member of snob
committee, or persons appointed by them for that purpose
shall be admitted into such school at all reasonable dams to
ascertain the correctness of the said register.
12. The school committee shall cause every wheel ad-
mitted to the benefits of this act to be inspected, ones at
Mast in every year, by some inspector duly authorised by
order of her Majesty in Council or minutes or regulations
of the said committee of council on education, to examine
the class of schools to which such school belongs.
13. At the end of every quarter of a year ending on the
25th day of March, the 24th day of Jane, the 29th day of
September, and the 75th day of December, the managers,
trustees, or proprietors' as the case may be, of every school
admitted to the benefit of this act, shall make out a list of
the scholars entered in the register kept in their school, and
set out the number of weeks during such quarter in which
sash such scholar shall have attended the said school, die-
throbbing each such scholar for whose education not loss
than am-pence pet week shall have been received, by
means of subscriptions, collections, endowments, and
payments by the parents or guardians of such scholar,
we other persons maintaining such scholar, or by the
guardians or overseers of the poor, and distinguishing how
much shall have been received for each such scholar from
such payments u last aforesaid, and also distinguishing each
scholar for whose education more than sispence per week
shall have been paid by his or her parents or guardians, or
other persons maintaining such scholar, and send such list
to the school committee, accompanied by a certificate of the
due observance of the conditions upon which such school
shall have been so admitted.
14. The school committee, upon receipt of such list, -so-
eocapanied by such certificate as last aforesaid, shall cause
the same to be accurately investigated, and forthwith, if
the same be found correct, or if incorrect then after the error
shall have been corrected, shall cause payment to be made
to the managers, trustees, or proprietors of the said school,
as the case may be, after the rate of twopence per week for
every male, and three halfpence per week for every female,
child attending such schoolsehoof for whose education not less than
threepence and twopence halfpenny respectively per
week shall have been received by means of subscriptions,
collections, endowments, and payments by the parents or
guardians of such scholar, or the persons maintain-
ing such scholar, or from the guardians or over-
seers of the poor, and of which sum not less than
one penny shall have been received front such parents,
guardians, or other persons (provided sue?, last-mentioned
payments do not exceed sixpence per week), or not less than
hoop:nee shall have been received from the guardians or
oserseers of the poor; but no payment after the rate afore-
said shall be made in respect of any one child for more than
forts-sight weeks in any year.
15. The attendance of a child at the school for three days
mid a half day in the daytime during the school hours be-
tween Sunday and the following Sunday, but exclusive of
both these days, shall be counted as an attendance for •
week in such school ; provided that in case a child be unable
to attend in any one week three days and a Taal slay, but
shall attend for a greater period during any succeeding
week, such additional attendance shall be calculated so as
to entitle the managers, trustees, or proprietors of the
school to payment after the rate aforesaid in respect of
every week, in some day of' which there shall have been an
mtendauce, provided the attendance during tlic four comm-
:it ye weeks computed together shall bas equal to fourteen
days.
1';. Provided always, that such attendance at the school
in any week of any child employed in a factory within the
raL,i;:ing of the acts relating to labour in lactorics as is

required under such acts, shaft be counted an attendants at
Inch school for the week.
17. The school committee of any borough may from time
to time, in accordance with regulations to be duly made by
them, and *tapas:v.4 of by the committee of council, grant
such sums as such school committee shall deem requisite
towards the opening, and, for such period as they shall de-
termine, towards the support of an evening school to be
conducted in soy school in such borough admitted to the
benefit of this act.
18. The managers, trustees, or proprietors, of any school
to whom any money shall be paid by virtue of this act
I shall apply seven-tenths at the least of such money, and also
of the mor.ey required as a condition of and under this act
to he raised from subscriptions, collections, endowments,
and payments by parents, guardians, or others on behalf ut
the scholars, in payment of the stipend of the teacher and
We or her assistant...
19. Where the average number of children attending. in
any school admitted to the benefits of this act shall be re-
ported by the inspector thereof for the time being as
amounting to MC hundred and sixty or rewards, there
shall, for every entire number of eighty scholars, .be em-
ployed in such school, independently of say apprenticed
pupil-teacher or stipendiary monitor, one teacher at least
who shall have obtained a government certificate of merit,
er who shall have attained the rank of assistant or candidate
teacher under the minutes for the time being of the said
Committee of Council on Education.
20. The managers, trustees, or proprietors, shall keep Se-
same accounts of the receipt and expenditure of all monies
so paid to them as aforesaid, and shall, iu the month of
February in each year, forward an abatract of such ac-
counts to the school committee.
' 21. Fur the purpose of enabling the teachers in any school
admitted to the benefits of this act to receive an augmen-
tation of salary under the existing minutes of the
committee of council on education, tt e amount paid to any
teacher of a school out of the rates to be raised under this
see shall be deemed and taken to be in lieu of an equal
amount feud by voluntary contributions for or towards the
salary of the teacher or ti etchers of such school.
22 Any school admitted to the benetit of this act shall
be and c intirtee entitled to the ben. fit thereof so lung only
as the managers, trustees, or proprietors of such achee.l shell
continue to observe the minutes of the committee of council
on education in force, and applicable to each s:houl at the
time of its admission to the benefit rf this act, and such
other conditions as may be provided by law.
23. If at any time after any school has been admitted to
the benefit of this act it appears to the school committee
that such school has ceased to be entitled thereto, the schoel
committee shall make an entry on their minutes that the
schosl is no longer entitled to the benefit of this act, Red
shall forthwith cause a notification thereof in writing to be
transmitted to the managers, trustees, or proprietors of the
school, as the case may be, and such school shall thereupon
cease to enjoy the benefits of this act.
24. The managers, trustees, or proprietors, as the case
may be, of any school which, upon application to any
school committee, shall not be admitted by such committee
to the benefits of this act, may appeal in writing to the
Committee of Council oa Education against the decision of
such school committee; and the managers, trustees, or pro-
prietors, as the cue may be, of any school which shall be
deprived by any school committee of the benefits of this act,
may, within tlree months after receiving such notice of
having been so deprived, appeal in writing to the said
Committee of Council against the decision or act of
,such school committee; and the said Committee
of Council may, if they so think proper, receive
any such appeal, and investigate the same, and
confirm or reverse the decision or act of the school
committee, according as the merits of the CMS may require;
and if the said Committee of Council on Education deter-
mine that the said school against the admission whereof to
the benefits of this act the appeal is brought should bate
been admitted, such school shall be forthwith admitted to
the benefits of this act, and shall be entitled to all the ad-
vantages to which it would have been entitled if admitted
by the school committee on the:said application ; and if the I
said committee of council determine that the school ought
not, under the provisions of this tact, to have been deprived
of the benefits of this act, such school shall be and be deemed
to have continued entitled to the benefits of this act, not-
withstanding any act of the school committee.
2i. The expenditure to be incurred under this act in any
borough shall be chargeable upon and paid out of the
borough fund, and for that purpose the council may levy
with and as part of the borough rate, or by a separate rate,
to be assessed, levied, paid, and recovered in like manner,
and with the like powers and remedies in all respects, as
the borough rate, such sums of money as shall bo from time
to time necessary for defraying such expenditure, and shall
apply the tame accordingly, as it such expenditure were an
expense necessarily incurred in carry into effect the previ-
aims of the siid act of the sixth year of King William the
Fourth : provided always, that no greaser amount shall be
expended by virtue of this act in any borough than after the
rate of sixpence in the pound of the annual value of the
property rateable or which might be rateable to a borough
rate in such borough.
26. The school committee shall certify the expenditure
which they shall from time to time haste incurred in car-
rying into effect the provisions of this art, to the council,
for payment, and the said council shall charge tho same to
the school account, and make orders upon the treasurer of the
borough teethe payment of the same to tho said school com-
mittee, who shall deliver such orders to the persons to
whom the payments shall be due ; and the sail committee
shall keep accurate accounts in proper ledgers of the sums
of money from time to time so paid, and of all their pecu-
niary transactions, under proper heads.
27. Every such ledger shall be open to the inspection of
any member of the council, or any person appointed by the
council, at any reasonable time in the day, except when
the school committee shall be sitting, and to any ratepayer
of the borough between the hours of ten in the forenoon
and two o'clock in the afternoon; and evey person_ as-
sessed to any vats made for such borough shall have the
like authority to inspect the same, and demand or take
copies thereof, as any person assessed to the poor rate now
by law possesses in respect of such rate.
28. For the purpose of extending the benefits of educa-
tion among the poor, the clerks to every board of guardians
of any parish or union wholly or in part within any borough
in which this act shall be in operatioa, shall, at the end
of each quarter of a year, or oftener if required by
the school committee, report in writing to the
school committs of such borough the names and places
of abode of such poor children between the ages of jeer
and twelve years resident within the borough as are not at-
tending any school, and who themselves, or whose parents
or guardians, are in the receipt of outdoor relief; and the
guardians of such parish or anion may require such child
to attend some school in such borough, subject to such rules
and regulations as the Poor-law Board shall issue in the
matter, and during such attendance shall pay on his or her
behalf at the rate of twopence per week for his or her educa-
tion ;to the managers, trustees, or proprietors of such
school.
29. Where any person shall be aggrieved in respect of
any matter herein contained, for which no remedy is other-
wise provided by this act, such person may appeal to the
quarter sessions of the borough, or, where the borough has
not a separate Court of Quarter Sessions, to the Quarter
Sessions of the county wherein the matter of such grievance
shall arise ,• and such appeal shall he therein heard and
determined by the said court, with the like incidents and
eouequences, and the like liability of the respective parties
to such appeal to the payment of costs, as in the case of
appeals against poor rates; provided that the appellant
shall give to the respondent notice in writing of the matter
complained of such time before the bearing of the appeal as
is required by the practice of the sessions in respect of notice
of trial before the hearing of appeals thereat.
30. No application by anyonanagers or trustees of any
school to be admitted to the benefit of this act, and no act of
any trustees or managers in relation to or consequent upon
such admission, done in pursuance of the provisions of this
act, shall be deemed to be a breach of trust, or require the
sanction or authority of the Court of Chancery, or any
other sanction or authority whatsoever, but the provisions
of this act shall be a sufficient sanction and authority to
nett trustees or managers.
31. The Committee of Council on Education may pre-
seethe forms of application for admission to the benefit of
this act, and of registers and lists to be kept and made
nadir this act, and any other forms which such committee
may think fit to prescribe for the due execution of the pro-
visions of this act.
32. Where in this act " managers' trustees, or proprie•
ton," ars mentioned or referred to the managers, where
there are any such, the trustees, where there are no mans.
gem, and the proprietors where there are no managers or
trustees, shall be taken to be intended for the purposes of
this act; and the acts herein authorised to be done by the
managers, trustees, or proprietors of any school may be
done by a sole manager, trustee, or proprietor where there
is but one, and where there are more, by the major part of
such managers, trustees, or proprietors, or any less number,
who under the provisions relating to the management,
trust, or property would be authorised to act in the ordinary
business thereof.
33. The woad " borough" shaft include city, town, or
port.
The word " managers " shall signify the persons who
have actually the management of any school, whether duly
appointed to such management or not, and though the
legal estate of the school may be in some other pt rson or
persons.
The word " trustees" shall signify the persons in whom
the legal estate of the school is vested upon any trust.
The word "proprietors" shall signify the persons, not
being trustees, entitled in possession to the site and build-
ings of the school.
The words " Committee of Council on Education" shall
mean the lords of the committee of her hinicsty's l'rivy
Council on Education, or other persons or minister for the
time being appointed to superintend the application of any
sums voted by parliament for the purpose of promoting
public education.

THE LATE ADMIRAL SIR THOMAS LIVINGSTONE,
BART.—This gentleman, who died on the 3rd instant, et
his seat Westquarter, near Falkirk, and who held the
rank of Admiral of the Blue, was keeper of the royal
palace of Linlithgow, and of the Castle of Blackness.
lie was the heir and representative of the Earl ot Lin-
lithgow, a title which was attained in 1715. Sir Thomas
entered the navy in 1782, and commanded the Diadem
in the expedition against Quiberon and llcllcialc, in leoo.
In 1806.7, he was employed in the Mediterranean. He
attained the rank of Admiral of the Blue in IS-IS. He is
succeeded by his brother, Jo1:n Hobert. The first baronet
was fourth!son of the first Lord Living.tone, and brother of
the first Earl of Linlithgow. the family property is situate
in the counties of Stirling end Linlithgow.
ARRIVAL OF HARRIET BETA STOWE.—Yeg-
Malay Mrs. Stowe arrived at Livcrpo d, a pas:ingir by the
Royal Mail Steam billy Canal', having left Belton on the
80th ult.