Education Ordinance, 1856.

The first Otago Education Ordinance (1856) had been passed before the arrival of the teachers from the Home Country, and under its provisions an Education Board and several school districts with their respective school committees, had been constituted. The Board was composed of the Superintendent of the Province, his Executive Council, the Rector of the Dunedin High School, and two representatives elected by each school committee. The annual salary of the Rector of the High School was fixed at not less than £250, and those of the district school teachers at £100 each, with a residence consisting of at least page 143three apartments, and a piece of ground not exceeding ten acres, properly fenced. The school fees collected by each district school teacher were to be "imputed pro tanto of his salary," and it was upon such moderate terms that the earliest school teachers of Otago were engaged. It is worthy of mention, however, that the Provincial Council in successive years, as long as the Ordinance of 1856 was in operation, generously voted to each teacher, in addition to the fixed salary of £100, the amount of the fees levied by him, on the School Committee certifying that he had performed his duties successfully and satisfactorily.

The Education Ordinance provided that the teachers' salaries should be defrayed by a tax not exceeding 20/-, to be paid annually by every male person resident in the Province. So strong and widespread was the resistance to the levying of this poll-tax, that no attempt was made by the authorities to enforce payment; the entire cost of the schools was met out of the ordinary Provincial revenue and the school fees, supplemented in a few instances by local subscriptions.

The selection of the teacher was vested in the School Committee, subject to the following provision:—"Every candidate for the office of school-master in any public school shall produce a certificate signed by a minister of the denomination to which he belongs, attesting his religious and moral character, and shall be subjected to such examination as may be prescribed by the Board; and no person shall be inducted as such schoolmaster until he shall have passed such examination, and have obtained and produced to the School Committee a certificate by the Board approving of his appointment; and said examination shall be open to the School Committee, who may suggest such questions as they may think fit, except in the case of schoolmasters who shall have been selected and appointed in Great Britain, under the authority of the Board."

The following was the provision with regard to religious instruction in schools:—"Every School Committee under this Ordinance shall appoint certain stated hours for ordinary religious instruction by the schoolmaster, at which children shall not be bound to attend if their parents or guardians object. If a complaint shall be-presented to the School Committee by any two heads of families, being parents or guardians of children page 144who attend any public school under this Ordinance, accusing the master of such school of teaching religious opinions at variance with the doctrines of the Holy Scriptures, the School Committee shall, with the sanction of the Board, and with such assistance as the Board shall direct, inquire into such complaint; and if it shall be proved that the schoolmaster has taught such opinions, or has persevered in doing so after remonstrance, the School Committee may censure, suspend, or deprive the schoolmaster, as they may think fit: provided always that every such sentence shall be approved by the Board." The writer cannot recollect that any proceedings were ever taken uuder this provision of the Ordinance in the course of the five years during which it remained in force. Power was given to the Board, on receipt of a complaint from two heads of families, being parents or guardians of children attending the school, to censure, suspend, or dismiss a schoolmaster for "crime or moral delinquency," after due inquiry and consideration of any statement in defence that the schoolmaster might make.