rd is to endeavour to
administer the Act honestly; or in accordance, not only with its
letter, but with its spirit. And if so, it would seem that the first
step towards this very desirable end is, to obtain a clear notion of
what that letter signifies, and what that spirit implies; or, in
other words, what the clauses of the Act are intended to enjoin and to
forbid. So that it is really not admissible, except for factious and
abusive purposes, to assume that any one who endeavours to get at
this clear meaning is desirous only of raising quibbles and making
difficulties.
Reading the Act with this desire to understand it, I find that its
provisions may be classified, as might naturally be expected, under
two heads: the one set relating to the subject-matter of education;
the other to the establishment, maintenance, and administration of the
schools in which that education is to be conducted.
Now it is a most important circumstance, that all the sections of the
Act, except four, belong to the latter division; that is, they refer
to mere matters of administration. The four sections in question are
the seventh, the fourteenth, the sixteenth, and the ninety-seventh. Of
these, the seventh, the fourteenth, and the ninety-seventh deal with
the subject-matter of education, while the sixteenth defines the
nature of the relations which are to exist between the "Education
Department" (an euphemism for the future Minister of Education)
and the School Boards. It is the sixteenth clause which is the most
important, and, in some respects, the most remarkable of all. It runs
thus:--
"If the School Board do, or permit, any act in contravention
of, or fail to comply with, the regulations, according to
which a school provided by them is required by this Act to
be conducted, the Education Department may declare the School
Board to be, and such Board shall accordingly be deemed to be,
a Board in default, and the Education Department may proceed
accordingly; and every act, or omission, of any member of
the School Board, or manager appointed by them, or any
person under the control of the Board, shall be deemed to be
_permitted_ by the Board, unless the contrary be proved.
"If any dispute arises as to whether the School Board have
done, or permitted, any act in contravention of, or have
failed to comply with, the said regulations, _the matter
shall be referred to the Education De
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