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The Pamphlet Collection of Sir Robert Stout: Volume 83

Part II. — Education Boards

Part II.

Education Boards.

(1.) Education Districts.

[unclear: Education districts]

12. The divisions of the colony described in the Second Schedule hereto shall be and are hereby constituted education districts for the purposes of this Act, and shall be called by the names set over each such description.

Where the boundaries of any county comprised in an education district shall be altered under "The Counties Act, 1876," such alteration shall operate with respect to any district constituted under this Act, and shall take effect accordingly.

The Governor may, by Proclamation in the Gazette, and on the request of the Board, bring any of the counties mentioned in the Second Schedule of "The Counties Act, 1876," or any part thereof, under the operation of this Act, and create the same part of an education district.

(2.) Constitution of Boards.

[unclear: Education hard].

13. There shall be for every district an Education Board, consisting of nine members, constituted as hereinafter provided:—
(1.)

Between the first and the thirty-first days of January, one thousand eight hundred and seventy-eight, each of the Committees in each district shall transmit to the Board the names of two persons qualified to be members of the Board, their written consent being first obtained, and the Board shall thereupon publicly notify the names of such persons, and in such notice shall also state the day on which the election of the Board shall be held, and shall also transmit to each Committee the names of such persons.

The day of election shall be some day not later than the fifteenth of March.

(2.)

On or before the last day of February in the same year, the Committee in each district shall send to the Secretary of the Board a list in writing, setting forth the full names of not more than nine of the persons whose names have been publicly notified as aforesaid.

page 7
(3.)

The Secretary shall carefully keep all such lists, and on the day fixed by the Board shall proceed to ascertain what persons, so nominated, have the greatest number of votes; and the nine persons who have the greatest number of votes shall be the members of the Board.

(4.)

After it has been ascertained what candidates have by an absolute majority of votes been duly elected, if it shall appear that there is an equality of votes for one or more candidates remaining to complete the list of nine members, the Board shall decide which of such persons shall be the member or members.

(5.)

If a Committee refuses or neglects to transmit to the Board either of the lists of names hereinbefore required to be transmitted, within the time appointed, the Board shall proceed to the election of members notwithstanding such refusal or neglect.

(6.)

Every election shall be conducted publicly by the Board in such manner as it thinks fit.

(7.)

The Board shall publicly notify what persons have been found to be elected, and such notification shall be signed by the Chairman of the Board, and shall be final and conclusive for all purposes.

A copy of such notification signed by the Chairman shall be transmitted to the Minister without delay.

(8.)

In the event of nine persons not being nominated as herein provided, the Board shall elect such a number of duly qualified persons as may be necessary to complete the number of the Board.

14. The members of the Board so elected shall take office on

When members of Board take office.

the thirty-first day of March, one thousand eight hundred and seventy-eight.
15. On the thirty-first day of March, one thousand eight

Annual retirement of three members of Board.

hundred and seventy-nine, and on the same day and month in every year thereafter, one-third of the members then in office shall retire.

The members to retire in the year one thousand eight hundred and seventy-nine shall be determined by each Board by ballot not later than the thirty-first day of December immediately preceding.

In the year one thousand eight hundred and eighty, three out of the six original members shall retire, and the members so retiring shall also be determined by ballot not later than the day aforesaid.

page 8

And in every subsequent year the members shall retire who have served longest upon such Board without re-election.

All retiring members shall be eligible for re-election.

Ordinary election to fill vacancies.

16. In the month of March, one thousand eight hundred and seventy-nine, and in the same months in every succeeding year, an election shall be held for the purpose of filling the vacancies caused by the retirement of members as herein provided.

Except as respects the number of persons to be elected, all the proceedings in and about such election shall be had and taken in the same manner as prescribed in section thirteen upon the first election of Boards.

Existing Boards to be first Boards under this Act.

17. Notwithstanding anything contained in "The Education Boards Act, 1876," every Education Board constituted thereunder shall continue in office till the first Boards are elected under this Act; and each such first-mentioned Board shall be the Board under this Act for the district for which such Board shall have been constituted accordingly.

Every Act required to be done by any such Board or by the Chairman thereof, under this Act, may respectively be done and performed by each such Board and Chairman as if it or he had been elected or appointed under this Act.

In case Any vacancy shall occur in any Board or in the office of Chairman thereof before the coming into office of the new Board constituted under this Act, the Governor may appoint some person to be a member of the Board or Chairman thereof, as the case may require.

First elections may be postponed.

18. The Governor may, by Order in Council, postpone, for a period not exceeding two months, all or any first elections of School Committees or Education Boards under this Act, and all proceedings incident to any such election postponed as aforesaid shall be respectively postponed for the same period. In case of any such postponement, the members of the Board shall take office on such day as shall be fixed by the Governor in Council.

Existing Boards of administer Act in altered districts till lections held.

19. Where the limits of districts as existing immediately before the coming into operation of this Act have been altered by this Act, the Board of the district which immediately before the coming into operation of this Act comprised such altered limits shall, until the election of a Board for such new district, administer this Act in all respects as if such limits had not been altered.

Where a new district has been constituted, all the proceedings in and about the first election of a Board for such new district page 9 shall be had and taken in the manner herein before provided by the Board of the district of which such new district originally formed part, or, if the Governor in Council thinks fit so to order, by any other Board which can more conveniently conduct such election.

20. Every person, male or female, of the full age of twenty-

Qualification for members of Board.

one years, and not disqualified as mentioned in the next section, resident in the education district, shall be qualified to be a member of the Board.
21. If any member shall, by writing under his hand addressed

Disqualification of members.

to the Chairman of the Board, resign his office, or shall die, or become of unsound mind, or be adjudicated a bankrupt, or execute any deed of composition or arrangement with his creditors, or be absent without leave from the meetings of the Board for three consecutive months, or be convicted of treason, felony, perjury, or any infamous crime, he shall immediately cease to be a member of the Board.

If any member shall receive any salary from the Board, or accept or hold any office or employment from or under the Board to which any salary, fees, or emoluments are attached, or shall be or become interested or concerned (except as a member of a registered or incorporated company) in any contract under which any money is to be paid by the Board, he shall immediately thereupon cease to be a member of the Board : Provided that it shall be lawful for the Board to pay any member residing at a distance from the ordinary place of meeting of the Board reasonable travelling expenses.

22. If the place of any member of the Board shall become

Provision for vacancy in Board.

vacant for any of the causes aforesaid, such vacancy shall be deemed to be an extraordinary vacancy.

The Chairman of the Board shall fix a day on or before which the Committees of the several school districts shall each transmit the name of a person qualified to fill such vacancy, and shall publicly notify the names so transmitted, and appoint a day on which each Committee shall send in the name of a person so notified, and a day on which the election shall be held.

All the proceedings in and about such election shall be conducted in the same manner as in the case of ordinary elections.

The member then elected shall retain his office so long as the vacating member would have retained the same if no such vacancy had occurred.

page 10

Acts of Board not to be questioned for informality, &c.

23. No act of the Board shall be questioned on the ground of any informality in the election of a member, nor on the ground that the scat of any member is vacant, or that any supposed member thereof is incapable of being a member.

Boards incorporated.

24. Each Board shall be a body corporate under the name of "The Education Board of the District of [naming it] and by such name shall have perpetual succession and a common seal, and may take and hold land for the purposes of this Act, and may do and suffer all such acts and things as bodies corporate may do and suffer.

(3.) Property of Boards.

Property acquired under repealed Acts or Ordinances to vest in Boards constituted by this Act.

25. All real and personal property immediately before the coming into operation of this Act vested in, belonging to, or under the control of the Education Board of any district constituted by any Act or Ordinance hereby repealed or otherwise, for educational purposes, shall, on the coming into operation of this Act, be vested in the Education Board of such district constituted under this Act, to be held by it for the purposes of this Act within such district.

Provision in respect of new districts.

Where a new district is constituted under this Act, all such property within or held in trust for educational purposes for such new district which was formerly vested in the Board of the original district shall, upon the thirty-first day of March next, vest in the Board of the new district.

Where the limits of a district as existing immediately before the coming into operation of this Act have been altered hereby, all such property within such altered limits shall, on the thirty, first day of March, vest in the Board of the district where such property is situate. Nothing in this section contained shall extend or apply to reserves for educational purposes which by or under any law or authority have been set apart as endowments for educational purposes in any district, but all such endowments shall in any of the eases hereinbefore provided for be dealt with in the manner provided by "The Education Reserves Act, 1877."

Moneys payable to former Boards to be paid to new Boards.

26. All persons who immediately before the coming into operation of this Act owe or are liable or compellable to pay any money to the Education Board of any district constituted under any Act or Ordinance hereby repealed, or to any other person on behalf of such Education Board, shall immediately on the coming into operation of this Act be deemed to owe and shall be liable and compellable to pay the same to the Education Board of such district constituted under this Act.
page 11
27. All moneys which, by reason of any contract entered into

Debts due to or owing by former Boards to bo paid by or recovered from new Boards.

under the provisions of any Act or Ordinance hereby repealed at or immediately before the coming into operation of this Act, were due or owing by or recoverable from the Education Board of any district constituted under any Act repealed hereby, or by any other person on behalf of such Board, shall on the coming into operation of this Act be paid by or be recoverable from the Education Board of such district constituted under this Act.
28. All contracts, agreements, and securities before the coming

Contracts entered into under repealed Acts or Ordinances, by whom to be performed.

into operation of this Act entered into or made under any Act or Ordinance hereby repealed with or in favour of or by the Education Board of any district constituted by any such Act, or with or in favour of or by the Superintendent of the province formerly comprising such district, and which immediately before the coming into operation of this Act were in force, shall at the coming into operation of this Act take effect and be proceeded on and enforced as near as circumstances will admit in favour of by and against, and with reference to, the Board of such district constituted under this Act.
29. Where a new district has been constituted by this Act,

Provision for apportioning debts and liabilities between old and now Boards.

or where the limits of a district as existing immediately before the passing of this Act have been altered hereby, the Boards of the respective districts may agree what moneys, debts and liabilities, contracts and securities, or what proportions thereof, shall belong and attach to each such Board; and if they cannot so agree before the first day of May next, the Minister shall, upon the application of either of such Boards, make an inquiry into the circumstances, and make an award as to the several matters mentioned in this and the last two preceding sections.

Every award of the Minister made in respect of any one or more of such matters shall be final and conclusive on the several Boards interested therein.

(4.) Secretary and Officers of Boards.

30. Every Board may from time to time appoint and remove

Boards may appoint Secretary and other officers.

a Secretary and Inspectors and such other officers as may be thought necessary, who shall receive such salary as the Board shall deem proper.

Any person who at the time of the coming into operation of this Act holds office under an Education Board in any district under the provisions of any Act hereby page 12 repealed or otherwise shall, subject to removal as aforesaid and to any express provision of this Act, continue to hold such office.

Duties of Secretary

31. The Secretary to each Board shall attend all meetings a such Board, take minutes of its proceedings, and enter such minutes in a book to be provided for that purpose, and conduct the correspondence of the Board, and take charge of and preserve all letters, papers, and documents relating to the business of the Board, and perform all such duties as may be required by the Board for carrying out the provisions of this Act.

He shall also prepare under direction of the Board all reports returns, and information relating to school matters which may be asked for by the Minister.

(5.) Meetings of Boards.

First and other meetings of Boards.

32. The first meeting of each Board elected under the provisions of this Act shall be held at such time and place as the Minister shall appoint, and all subsequent meetings shall be held at such times and places as the Board may by any regulation in that behalf determine.

But at least one meeting shall be held in every month after such first meeting, and a quorum of the Board, having duly met, may from time to time adjourn, to meet at such other time and place as they shall appoint.

Quorum Boards.

33. The powers given to Boards by this Act shall be exercised at meetings convened as aforesaid, at which meetings three members shall be a quorum.

Chairman to be elected.

Every Board shall at its first meeting, or as soon thereafter as conveniently may be, elect one of its number to be Chairman, and on every question before the Board the decision of the majority shall be final and conclusive. The Chairman shall have a deliberative vote, and, in case the votes shall be equal, shall also have a casting vote.

No resolution or decision come to at any meeting of Board shall be revoked or altered at any subsequent meeting of such Board within twelve months from the passing thereof, unless notice of the intention to propose such revocation or alteration shall have been given at a previous meeting of the Board, and shall have been made known by the circular convening the meeting addressed to each member of the Board at his usual or last known place of abode.

page 13

If the Chairman shall be absent from any meeting, the members present shall elect one of their number to preside in his stead at such meeting, and such presiding member shall have the same power at such meeting as the Chairman.

If the Chairman shall from any cause cease to be a member of the Board or resign the office of Chairman, the Board shall as soon thereafter as conveniently may be elect another member of the Board to be Chairman in his stead.

34. Minutes of the proceedings of every Board shall be

Minutes to be kept.

regularly entered in a book to be kept for that purpose, and at every meeting of the Board the minutes of the preceding meeting shall be read over and signed by the Chairman of the meeting at which the same shall be read, and the minutes when so signed shall for all purposes be held to be a true statement and record of the proceedings of the Board.

(6.) Powers and Duties of Boards.

35. Subject to the provisions of this Act, the Board of each

General powers and duties of Boards.

district shall establish and maintain public schools within the district, whether such schools have already been established under the provisions of any Ordinance or Act hereby repealed or shall be established by the Board under the provisions of this Act; shall promote the establishment of school districts within such district, and define the limits thereof, with power to alter such limits as the Board shall see fit, and to divide any such school district into two or more school districts or parts of districts, or to combine two or more school districts or parts of such districts into one; shall appoint and remove officers and teachers in the manner provided by this Act; may establish scholarships, school libraries, and district high schools; shall raise the moneys required to be raised for the purposes of this Act, and administer the funds granted by the Education Department, and all other funds which may become the property of the Board; and generally shall have and exercise all the duties and functions imposed by this Act.
36. When any school district shall be divided into two or

Provision when school districts divided.

more such districts, or two or more such districts or parts of districts shall be combined into one district, then every such division of a school district and every such combination shall for the purpose of this Act be deemed a new school district, and the page 14 proceedings shall be taken in like manner as hereinafter provided for school districts originally constituted.

The formation of any new district by the division or combination of any existing school district or districts shall take effect on and after the commencement of the school year next following the date on which the formation of such new school district shall have been agreed to by a resolution of the Board.

School year.

A "school year" shall be from the first day of January to the thirty-first day of December, both days inclusive, in each year.

Public notice to be given when school district formed.

37. Whenever any new school district shall be formed by a Board pursuant to the provisions of this Act, the Board shall direct a public notice of the formation of such new district and of the boundaries thereof to be published, and every school district shall be held to be bounded as described in any such notice.

Trustees of school may agree to place same under control of Board.

38. Any persons having the management and control of any school not established under any of the Acts or Ordinances repealed hereby may, with the consent of the persons in whom the school buildings, lands, and endowments pertaining thereto are vested, and with the assent of the Governor, agree with the Board of the district in which such school is that the said school shall be subject to the management and control of the Board, and that the said buildings, lands, and endowments shall be vested in such Board instead of such persons as aforesaid.

If the Governor assent to such agreement, and a notification of such assent be gazetted, such school buildings, lands, and endowments shall be vested in the said Board for or towards the maintenance of such school as a school under this Act, of such character or class as the Governor shall direct, but under and subject to the provisions of this Act, and the said persons shall thenceforth be freed and discharged from the trust imposed on them as trustees or governors of such school, and the buildings, lands, and endowments pertaining thereto.

(7.) Board Fund.

Board to make annual estimate of moneys required for current year.

39. At the first ordinary meeting of the Board in each year, the Board shall make an estimate of the amount of money which it has reason to believe will be derived from the following sources:— page 15
(1.)From moneys payable by Government in respect of the average daily attendance of children as hereinbefore provided:
(2.)From moneys in any manner whatever received or to be received by the Board.

The Board shall regulate its expenditure upon the basis of the estimate so made, and a copy thereof shall be transmitted to the Minister.

40. Whenever the Board of any district shall be in receipt of

Provision for deduction from grants in aid in certain cases.

rents or other profits derived from lands or other property vested in the School Commissioners under "The Education Reserves Act, 1877," an account shall be taken at such periods as the Minister may direct, showing the amount of such rents or other profits; and, in computing the proportionate share which such Board would, under the provisions of this Act, be entitled to receive from the Government, allowance shall be made for such rents and profits, and such share shall be paid subject to a deduction based upon the net amount of such rents or other profits.

No such deduction shall be made in respect of moneys received from such special endowments as are mentioned in section fifty-two of this Act.

41. All moneys received by or belonging to the Board shall be

Funds of Boards.

paid into such bank as the Board from time to time appoints, to an account to be called "The Education Board Account," and no moneys shall be drawn out of the bank except by authority of the Board, and shall be paid by cheque, signed by the Treasurer and by such one or more members of the Board as the Board may from time to time authorize to sign cheques.
42. The Board Fund shall consist of the following moneys,

Board Fund, of what to consist.

that is to say,—
(1.)Grants from the Consolidated Fund.
(2.)Rents and profits derived from property or endowments vested in the Board.
(3.)Special endowments or grants for particular purposes.
(4.)Special fees for higher education.
(5.)Any other moneys which the Boaad may receive from donations, subscriptions, or otherwise.
43. Every Board shall, out of the Board Fund, make such

Disposal of fund.

provision from time to time as to it shall seem fit for the following, namely,—
(1.)For the payment of salaries and other expenses connected with the carrying on of the business of such Board;page 16
(2.)For the expense of purchasing or renting school sites, playgrounds, and buildings, or for erecting, fitting up, and improving school buildings;
(3.)For the payment of teachers' salaries;
(4.)For the maintenance and education of pupil-teachers;
(5.)For grants to Committees for general educational purposes;
(6.)For subsidizing school libraries;
(7.)And generally for the payment of all expenses necessarily incurred by such Board or any Committee under their supervision in the carrying out of any of the provisions of this Act :

Provided always that no Board shall be liable for the payment of any expenditure incurred by any Committee or teacher, unless such expenditure shall have been previously sanctioned by such Board.

Accounts to be kept.

44. The Board shall keep full and true accounts, in which shall be entered every sum received into and paid out of the Board Fund in the order of date of each such receipt and payment, including all moneys received from rents or profits derived from land or other property vested in the Board, or under its control or management.

It may be provided by regulations that Boards shall keep general and special accounts in such convenient form as may be thought fit.

Accounts to be audited.

All such accounts shall be rendered annually, or at such periods as may be prescribed by regulations, and all such accounts shall be audited by an Auditor to be appointed by the Governor.

Copies of all such accounts, when audited, shall be furnished to the Minister.

(8.) Appointment of Teachers.

Appointment and removal of teachers.

45. The Board of each district shall be entitled to appoint teachers for every school under its control, or to remove such teachers from one school to any other school within the district, but no person shall be eligible for appointment who does not produce a certificate of competency from the Minister of Education, and such other certificates of fitness as shall be required by any regulations that may hereafter be made under this Act.

But in case a certificated teacher cannot be obtained for any school or schools, a person not duly certificated may be temporarily appointed until a certificated teacher can be obtained.

page 17

Certificates of competency will be issued to teachers after examination held in such manner as may be prescribed by regulations to be made as hereinafter provided.

Provided that the Committee may recommend teachers to the Board for appointment, and may also recommend the suspension or dismissal of any such teacher; but no appointment, suspension, or dismissal shall take place until the Committee have been first consulted.

46. All teachers of schools at or immediately before the

Teachers of schools in office to continue in ssame.

coming into operation of this Act holding office under the provisions of any Ordinance or Act hereby repealed shall, subject to any express provisions of this Act, continue to hold such office as if this Act had not come into operation.
47. No school teacher appointed, or whose appointment is

Duration of appointment of school teacher.

confirmed under this Act, shall be at liberty to relinquish his said engagement without giving to the Chairman of the Committee, and also to the Secretary of the Board under which he holds his appointment, at least one month's notice in writing of his intention to do so; and such engagement shall not be determined by any Board except on giving three months' notice, signed by its Secretary.
Nothing contained in this Act shall preclude or prevent

Summary dismissal in certain cases.

the Committee from suspending, and the Board from peremptorily dismissing, any school teacher for immoral conduct or gross behaviour.
48. The teacher's occupation of the schoolhouse and land

Teacher's occupation of schoolhouse.

attached thereto, or teacher's house, if one be provided, is hereby declared to be an occupancy by sufferance only.
49. In case a teacher shall refuse or neglect to deliver up

Proceedings against a teacher refusing to give up schoolhouse on demand.

possession of the schoolhousc and land attached, or of the house, as the case may be, after demand in writing made by or on behalf of the Board, the Resident Magistrate whose Court shall be nearest to the locality shall, on the application of the Board, issue a warrant to the Bailiff of the Court, commanding him to enter into the premises and give possession of the same to the Board.

Every such warrant may and shall be enforced as a warrant issued under the ninetieth section of "The Resident Magistrates Act, 1867," and the ninety-first, ninety-second, and ninety-third sections of that Act shall apply to warrants issued under the foregoing provisions.

page 18

Pupil-teachers may be employed.

50. The Board of any district may engage and employ any number of apprentice pupil-teachers, subject to such regulations for the examination, training, employment, and payment of such pupil-teachers as may be made from time to time.

(9.) Scholarships, District High Schools.

Board may establish scholarships.

51. The Board may, with the concurrence of the Minister, from time to time, out of funds made specially applicable for the purpose, establish scholarships to be competed for by the pupils attending any public school, and also scholarships open to all children of school age, in such manner and at such times as shall be fixed by regulations to be made under this Act.

The successful competitor for any such scholarship shall receive the amount of his or her scholarship only so long as he or she shall continue his or her education at any school or educational institution under the control of the Board at which the higher branches of education are taught, but, if there be no such school or institution in the district where the holder of the scholarship resides, then at such school, subject to inspection by a Public School Inspector, as the Board may approve of.

Board may [unclear: sceive] land or [unclear: loney] for [unclear: undation] of scholarships.

52. The Board may receive grants of land or money, to be applied towards founding scholarships or exhibitions, or for other educational purposes in connection with any public school within a district, and such land or money shall be vested in the Board for the specific purposes declared in the grant.

Who may [unclear: mpete] for scholarship.

53. Subject to any special trust, every scholarship or exhibition in the last preceding section mentioned shall be open to any child on the roll of such school; and in the event of any school for which a scholarship or exhibition is founded being discontinued, the Minister may direct that the scholarship or exhibition shall attach to some other public school in the district.

[unclear: oard] may make [unclear: gulations] for scholarships.

54. The Board may make regulations under which scholarships or exhibitions founded by any private individual or society may be competed for and held at any public school within the district.

[unclear: strict] high [unclear: hools] may be established by [unclear: sard].

55. Any Board, on receiving an application in writing from the Committee, may, with the express sanction of the Minister previously obtained, convert any public school in the district into and establish the same as a district high school.
page 19

Every grammar school or high school at or immediately before the coming into operation of this Act under the charge of any School Committee or Education Board, by virtue of the provisions of any Provincial Ordinance or Act hereby repealed, shall, unless otherwise provided, be deemed to be a district high school under this Act.

56. Every such district high school shall be under the charge

Course of instruction in high schools.

of a head master, and such number of duly-qualified masters and assistants as the Board shall from time to time consider necessary.

All the branches of a liberal education, comprising Latin and Greek classics, French and other modern languages, mathematics, and such other branches of science as the advancement of the colony and the increase of the population may from time to time require, may be taught in such school. For such higher education fees shall be paid by the pupils at such rates as shall be fixed by regulations.

In every district high school instruction shall also be given in the ordinary branches of education prescribed by this Act to be given in public schools.

57. In the various school districts the Board may from time

School libraries may be established.

to time expend in the purchase of books, to be placed in the school library, any sum or sums of money equal to any sum or sums of money which shall have been raised by public subscription or otherwise within such school district.

The Board shall make such provision as may seem fit for the safe custody and care of such books and for the use thereof.

The word "book" in this section shall be deemed to include all works of art, and all scientific apparatus which may be required for the purpose of illustration in lectures, and all specimens of natural history for the formation of museums.