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The Pamphlet Collection of Sir Robert Stout: Volume 42
Second Schedule
Second Schedule.
I. Form of Memorandum of Agreement (Article 70f).
Memorandum of Agreement Between1_________hereinafter called the managers, on behalf of the managers of the_________School, and2_________hereinafter called the surety, the3_________of4 hereinafter called the pupil-teacher.
| 1. | The said managers agree to engage the said pupil-teacher to serve under a certificated teacher, during the usual school hours in keeping and teaching the said school, but so that the said pupil-teacher shall not be obliged to serve therein more than six hours upon any one day, nor more than thirty hours in any one week. Sunday is expressly excluded from this engagement. |
| 2. | This engagement shall begin on the first day of6_________187_________, and shall end on the last day of7_________187_________,8 but if the said pupil-teacher shall, with the consent of the other parties hereto, attend the examination for admission into Training Colleges next preceding the last mentioned date, this engagement may end on the 31st day of the month of December, next following such examination. |
| 3. | The said pupil-teacher shall be paid as wages9_________per10_________in the first year, and this sum shall be increased by9_________per 10_________in each subsequent year of the engagement, but such increase may be stopped at the discretion of the managers of the said
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school for the time being for the unexpired remainder of any year after receipt of notice from the Education Department that the said pupil-teacher has failed to pass the examination, or to fulfil the other conditions of a pupil-teacher according to the standard of the preceding year, as prescribed in the Articles of the Code of the said Department applicable to the case. |
| 4. | The said pupil-teacher, while the school is not being held, shall receive, without charge, from a certificated teacher of the said school, special instruction during five hours per week, of which hours not more than two shall be part of the same day. Such special instruction shall be in the subjects in which the said pupil-teacher is next to be examined pursuant to the said Articles. |
| 5. | The said pupil-teacher shall be liable to dismissal without notice for idleness, disobedience, or immoral conduct of a gross kind respectively; and this engagement shall be terminable on either side by a written notice of six months, or in lieu of such notice by the payment on either side of £3 in the first year, £4 in the second, and an additional pound in each succeeding year of the engagement, but never exceeding £6 in the whole; such payment to be recoverable as a debt by the party entitled to receive it, and to be over and above the settlement of all other accounts between the parties. |
| 7. | The said pupil-teacher enters into this engagement freely and voluntarily on h 5 own part, and with the privity and consent of the said surety. |
| 7. | The said surety agrees with the said managers, their executors, administrators, and assigns, to clothe, feed, lodge, and watch over the said pupil-teacher during the continuance of this engagement in a manner befitting the same.
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Signed11 this day_______in the presence of______________in the presence of_______in the presence of__________ |
- Managers.
- Surety.
- Pupil-teacher.
2. If it be executed with blanks still remaining in it, they cannot legally be filled up afterwards, except as part of a new agreement requiring a new stamp. An incomplete memorandum does not satisfy Article 32 (c).
3. The memorandum, when executed, should be deposited with the school papers (Article 34 b). The surety should have either an executed duplicate (which requires a second stamp), or a certified copy. The agreement exists only between the persons who sign it. If any of them are changed (by removal of managers, or otherwise), instructions for a new agreement (with stamp) in the following form, may be obtained upon application (Article 14) to the Education Department.
N.B.—A similar form of agreement is supplied by the Department for use in Board Schools.
1 Names, etc., in full, of a quorum of the managers.
2 Names, etc., in full, of father or other surety of the assistant.
3 Father, or as the case may he.
4 Name in full of the pupil-teacher.
5 His or her.
6 The month defined by Article 11.
7 Preceding month.
8 Five full years; or any less number of years, not under two, provided (a) that the candidate has passed for admission the examination fixed for a later year in proportion to the reduced term of service; and provided also (b) that the end of the reduced term of service fall beyond the candidates 18th year (completed).
9 The sum to be inserted must be fixed at the discretion of the parties, having in view the local rate of wages, and the advantages of the school as a place wherein to learn the business of a teacher.
10 Week, or as the parties may agree.
11 All the parties named must sign, but need not do so together. Each signature should be written in a separate line, and must be attested by that of a witness who sees it made. The same witness may attest more than one signature.
II.—Form of New Agreement on Change of Managers.
Memorandum of Agreement between1_______within and hereinafter described as the surely;2 the persons within described as the managers;3_______and4______________hereinafter described as "the Managers."
1. The said surety and the said 2_______hereby mutually rescind the within written
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Agreement, and agree that the same shall be henceforth determined, and of no farther force as regards the future.
2. The said surety and the said "managers" hereby mutually agree to adopt and enter into an agreement in the same words, and to the same effect as the within written agreement for the unexpired term thereof; and that the like obligation and responsibility shall exist and be of force between them in like manner and to all intents and purposes as if the name of the said5______________had been inserted therein and signed thereto, instead of the name of the said6_______
Signed7 this_______day of______________187_______, in the presence of______________in the presence of______________in the presence of
N.B.—This memorandum must be executed by all the parties named in it, viz.:—
Managers. Surety. Pupil-teacher.
If it be executed with blanks still remaining in it, they cannot legally be filled up afterwards, except as part of a new agreement requiring a new stamp. An incomplete memorandum does not satisfy Article 32 (c).
1 The surety in the existing Memorandum.
2 The managers in the original Memorandum, and the executors of any of them who are deceased.
3 The name, description, and address of the new manager or managers.
4 The name, description, and address of the present managers, excluding such as will be no longer managers, and including the now manager or managers.
5 The new manager or managers.
6 Deceased or outgoing manager or managers.
7 All the parties named must sign, but need not do so together. Each signature should be written in a separato lino, and must be attested by that of a witness who sees it made. The same witness may attest moro than one signature.
III.—Form for Cancelling Engagements of Pupil-Teachers.
The within written Memorandum of Agreement is cancelled by the undersigned parties, being the same parties by whom it was executed.
Witness our hands, this day of 187
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