The Pamphlet Collection of Sir Robert Stout: Volume 83
(2.) Constitution of Boards
(2.) Constitution of Boards.
[unclear: Education hard].
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.
When members of Board take office.
Annual retirement of three members of Board.
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.
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.
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.
Existing Boards of administer Act in altered districts till lections held.
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.
Qualification for members of Board.
Disqualification of members.
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.
Provision for vacancy in Board.
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.