Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  


    mail icontwitter iconBlogspot iconrss icon

The Pamphlet Collection of Sir Robert Stout: Volume 83

(2.) Constitution of Boards

(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:—

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.


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

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.


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.


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.


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


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.


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.