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The Pamphlet Collection of Sir Robert Stout: Volume 42

Elementary Education (Orders) Act, 1874

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Elementary Education (Orders) Act, 1874.

Chap. 90.—An Act to declare the Validity of Orders of the Education Department with respect to United School Districts, and to make better Provision with respect to such Orders.

[7th August, 1874.

Whereas the Education Department, in pursuance

33 & 34 Vict. c. 75, s. 47. 36 & 37 Vict. c. 86.

of the Elementary Education Acts, 1870 and 1873, have made the orders mentioned in the schedule to this Act with respect to the united school districts mentioned in those orders:

And whereas, upon the application of a school board of one of the said united districts for a loan from the Public Works Loan Commissioners, doubts have been raised as to the validity of the said orders, or some of them, and the right of persons acting as members of a school board to act as such:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Elementary Education

Short title.

(Orders) Act, 1874.
2. This Act shall be construed as one with the Elemen-

Construction of Act.

tary Education Acts, 1870 and 1873, which are in this Act referred to as the principal Acts.
3. The orders made in pursuance of the principal Acts

Validity of orders in schedule.

by the Education Department, which are mentioned in the schedule to this Act, shall be deemed to have been authorised by those Acts, and to have been duly made, and shall have full effect accordingly; and as respects each of the said orders the schoo district formed thereby shall be deemed to have been and to be legally formed; and any school board which has been or is acting page 24 as such in any such district shall be deemed to have been and to be a legally constituted school board; and any persons who have been or are acting as members of a school board in any such district shall be deemed to have been legally chosen, and to have formed and to form a legal school board; and on the retirement of all or any members of a school board in any such district, the vacancies may be filled up in the same manner in all respects as if such retiring members or member had been and were in all respects legally chosen members of a legally constituted school board.

Validity of future orders.

4. From and after the passing of this Act the Education Department may, if they think fit, make orders directing that any school board, which at the date of any order for forming a united school district exists in any of the school districts constituting such united school district shall, either with or without any change in the existing members, or in the number of the members thereof, be the school board for the united school district.