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Education Ordinance 1875

26. The Education Ordinance 1875

[18^th June 1875.]

Whereas it is expedient to consolidate and amend the Law relating to Public Education and the Formation and Management of Schools in the Province of Canterbury.

Be it enacted by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:

1. Title.

The short title of this Ordinance shall be “The Education Ordinance 1875.”

2. Repealing.

The Education Ordinance 1873 is hereby repealed Provided always that nothing in this section contained shall invalidate or be taken or construed to invalidate or affect any proceeding matter or thing already taken or done by virtue in pursuance of or under the authority of the said Ordinance Provided that anything herein contained to the contrary notwithstanding the Members of the Board of Education now holding office under the said Ordinance may continue to hold such office and carry on the duties and continue to hold the powers of the said Board until appointment of a Secretary by the Superintendent as hereinafter provided And all acts done by the said Members of the said Board shall be as valid and effectual as if the said Act had not been repealed And it shall be lawful for the Superintendent to fill any vacancy by the resignation of any such Member until the appointment of such Secretary as aforesaid.

3. Superintendent to act with advice of Executive Council.

Every act which the Superintendent is hereby authorised or required to perform he shall perform solely in accordance with the advice and consent of his Executive Council and such advice shall be recorded on the minutes of the Council.

4. Secretary for Education to be appointed.

There shall be an office called the Education Office administered by an officer called the Secretary for Education who shall be appointed by the Superintendent.

5. In case of Death, Resignation, or Removal of Secretary, Superintendent may appoint another.

The Superintendent may from time to time in the case of the death resignation or removal of the Secretary for Education in like manner appointed some other fit and proper person in his stead.

6. Secretary to be Removable by Superintendent.

The Secretary for Education shall hold his office during good behaviour and shall be removable by the Superintendent Provided however that such Secretary shall not by reason of holding his office during good behaviour be deemed exempt from removal from office if it should be made to appear that such Secretary is not qualified for the same or that such office may with advantage to the public service be filled by some other person provided that no person holding the office of Secretary for Education shall if removed therefrom be deemed by reason of such office being tenable during good behaviour to have any other or greater claim to compensation than if such office were tenable during pleasure.

7. Secretary not to have seat in the Executive Council or Provincial Council. The Secretary for Education shall be incapable of having a seat in the Executive or Provincial Council of the Province of Canterbury.

8. Regulation for Conduct of Business.

It shall be lawful for the Superintendent from time to time to make and to revoke and alter such regulations as he may think fit for the conduct of the business of the office of Education.

9. Distribution of Public Money.

The Superintendent shall entertain and decide upon all questions for the distribution of public money appropriated by the Provincial Council for establishing or aiding the establishment and maintenance of new schools and for aiding existing district schools.

10. Examination of Teachers.

It shall be lawful for the Superintendent to inquire as to the knowledge and qualifications of any person who may be desirous of becoming a teacher or master in any school and for that purpose from time to time to appoint a fit person to examine candidates and it shall be lawful for the Superintendent to make such regulations respecting the subjects comprised in and the general conduct of such examination as he shall from time to time think fit.

11. Classification of Teachers.

The Superintendent shall make regulations for the classification of teachers employed in schools receiving pecuniary assistance from the Superintendent and for the issue of certificates showing the class in which by their knowledge and qualifications such teachers may be entitled to be placed.

12. Regulations for Distribution of Funds.

It shall be lawful for the Superintendent to frame regulations for the distribution of the funds appropriated annually by the Provincial Council for the maintenance of schools in the Province which regulations shall be published in the Provincial Government Gazette.

13. Appointment of Inspector.

There shall be an Inspector or Inspectors of Schools who shall be appointed and be removable by the Superintendent.

14. Duty of Inspector.

It shall be the duty of the Inspector or Inspectors from time to time as the Superintendent shall direct to inspect all school receiving aid from the Superintendent to furnish all such reports as the Superintendent may require and generally to be guided in the performance of their duties by such instructions as they may receive from the Superintendent.

15. Formation of Districts.

All localities formed into Educational Districts under the provisions of any Ordinance hereby repealed shall be held to be Educational Districts for the purpose of this Ordinance and the persons in office at the time of the coming into operation of this Ordinance as District School Committees of any such districts shall continue in office till their successors are elected under this Ordinance.

16. Boundaries of Districts.

The Superintendent may declare any portion of the Province not comprised within the limits of any Educational District to be an Educational District by proclamation to be published in the Provincial Government Gazette and in one of the newspapers published and circulated in the Province and he shall therein set forth the boundaries and name of every such district and from and after such publication every such portion shall become and be an Educational District under and subject to the provisions of this Ordinance provided that it shall not be lawful for the Superintendent to declare any part of the Province an Educational District unless or until it has not less than twenty-five children between the ages of five and thirteen years residing within such portion.

17. Districts may be Altered, Divided, or Combined.

It shall be lawful for the Superintendent to alter the boundaries of any Educational District and to divide any Educational District into two or more districts or parts of districts or to combine two or more districts or parts of districts into one or to add portions of any district to any adjoining district or to add any locality not being or forming part of a district to an educational District and in every such case the district or districts constituted or affected thereby shall be deemed to be and shall be proclaimed as provided in the said Ordinance as newly constituted educational District or Districts and all proceedings connected therewith shall be taken and conducted in like manner as provided for Educational Districts constituted under this Ordinance or to abolish any district and thereupon such district shall to all intents and purposes cease to exist as if the same had never been constituted

18. Election of Committee.

Whenever any portion of the Province shall be proclaimed an Educational District the Superintendent shall forthwith convene a meeting of the householders who shall pay or shall be liable to pay the household rate of such district for the purpose of electing a Committee (to be called the District School Committee) of persons being householders who shall be liable to pay the household rate of the district and such elections shall be conducted in such manner and in accordance with such regulations as the Superintendent may from time to time by order prescribe The persons so elected shall hold office until the election of their successors in manner hereinafter mentioned and if from any cause the election of the Committee shall at a meeting aforesaid not take place it shall be lawful for the Superintendent to appoint another time and the same or a different place for such election to be conducted under the regulations as aforesaid and the Committee shall consist of either four six or eight persons being householders as aforesaid.

19. Neglect or Refusal to Elect Committee.

If and whenever the householders of any Educational District shall refuse or neglect to elect a District School Committee or a proportionate number thereof under the provisions of the preceding section or under the provisions of Section 22 the Superintendent immediately on being satisfied of such refusal or neglect shall by proclamation published in the Provincial Government Gazette appoint a Commissioner for such district who shall hold office until the second Monday in the month of April next following his appointment and all the powers rights privileges and duties of a District School Committee shall from the date of such proclamation vest in and be exercised by such Commissioner and the Superintendent shall cause such reasonable salary as he shall think fit to be paid to such Commissioner out of any funds applicable to the purpose of the Educational District under the provisions of this Ordinance Provided that such Commissioner shall be guided in the performance of his duties by such instructions as he shall receive from the Superintendent in that behalf.

20. Election of New Committee.

On the second Monday in the month of October 1875 there shall be a public meeting of householders in every educational District which shall be held at a time and place within each district respectively to be fixed by the Superintendent and notified by public advertisement and at such meeting the District School Committee for the preceding year or portion of the year as the case may be shall give a full report of its proceedings during that period and a statement of its accounts made up to the date of such meeting and thereupon the householders as aforesaid shall proceed to elect a new District School Committee for the period ending on the second Monday in April 1876 being householders as aforesaid and such elections shall be conducted in such manner and in accordance with such regulations as the Superintendent may from time to time by order prescribe And such last mentioned Committee in each School District shall give a full report of its proceedings and a statement of its accounts during the period from the second Monday in October 1875 to the 31st day of March 1876 and shall forward a copy of such accounts with all necessary vouchers and documents in support thereof to the Provincial Auditor before the 30th day of April 1876.

21. Annual Meeting for Election of Committee.

On the second Monday in each month of April in each year there shall be a public meeting of householders in every Educational District which shall be held at a time and place within each district respectively to be fixed by the Superintendent and notified by public advertisement and at such meeting the District School Committee for the preceding year or portion of a year as the case may be shall give a full report in writing of its proceedings during such period including a statement of its accounts duly audited by the Provincial Auditor as hereinafter provided for and the householders as aforesaid shall proceed to elect a New School Committee to consist of either four six or eight members or as the case may be a proportionate number of new members being householders as aforesaid in accordance with the provisions of Section 22 of this Ordinance and such election shall be conducted in such manner and in accordance with such regulations as the Superintendent may from time to time by order prescribe all accounts of every District School Committee or Commissioner appointed under the provisions of this Ordinance shall after the second Monday in the month of April 1876 be made up from the first day of January to the 31st of December in each year and shall be forwarded to the Provincial Auditor with all necessary vouchers and documents in support thereof between the 1st day of January and the 1st day of February in each year and such accounts shall be duly admitted by the Provincial Auditor.

22. Half Number of Committee to go out of Office Annually.

On the second Monday in the month of April in every year one half part of the whole number of every District School Committee shall go out of office and the members of such School Committee who shall go out of office shall always be the members who have been the longest in office without reselection and if by reason of two or more District School Committee having become members at the same time it shall not be apparent under the foregoing part of this section which of such last-mentioned members ought at any time to go out of office then such members as to whom it shall be so not apparent shall go out of office in the order of the number of votes obtained by each at the elections commencing with the smallest number and proceeding upwards and in all such cases if the votes given for any members of whom a number less than the whole are to go out of office at any time shall have been equal or if such members shall have been elected without a poll the District School Committee fourteen days at least previously to the second day of April in each year and in their default the Superintendent shall for such occasion determine in what order and which of such members shall go out of office and such retiring members shall be eligible for re-election.

23. Annual Meeting Failing to Elect Committee.

If and whenever the householders of any Educational District shall from any cause whatever fail to elect a District School Committee upon any annual day of meeting as hereinbefore provided the Superintendent shall fix another day for the election of a District School Committee for such district and notice of such meeting shall be given and the same proceedings taken thereat as are hereinbefore prescribed for ordinary annual meetings held for the purpose of electing District School Committees. And should any vacancy or vacancies in the number of any District School Committee occur during the period intervening between the passing of this Ordinance and the second Monday in the month of April 1876 or during any period intervening between the annual election of members of District School Committees by death resignation or otherwise such vacancy or vacancies shall from time to time be filled up by householders at a public meeting to be called in manner provided in Sections 18 and 22 for the election of members to serve upon District School Committees.

24. Inability or Unwillingness of Committee to carry on Duties.

If from any cause a District School Committee shall be unable or if they shall be unwilling to carry on the duties of such Committee if there shall be at any time no existing Committee in any Educational District under this Ordinance the Superintendent shall except when otherwise provided by Proclamation in the Provincial Government Gazette declare that no School Committee exists in such district and shall immediately thereupon call together a meeting of the householders in such Educational District and thereupon such proceedings shall be taken for the election of a Committee or in default of such election for the appointment of a Commissioner as are hereinbefore provided.

25. Regulations for the Election or Re-election of Committee.

It shall be lawful for the Superintendent in and by any regulations he may make for the conduct of any elections of District School Committees to provide that if at any meeting convened for the election or re-election of a District School Committee a poll be demanded by six householders that such poll shall be taken on a subsequent day at such place and between such hours of the day as may be prescribed in such regulations on that behalf and to make all necessary provisions to carry the same into effect.

26. Vacancies how Caused.

If any member of any District School Committee shall signify in writing to the Chairman of the Committee his desire to resign his seat or if he shall be absent for three consecutive meetings without leave of the Committee or shall become insolvent or of unsound mind or shall have been convicted of felony or shall be in arrears of any rates which he shall become liable to pay under the authority of this Ordinance or shall accept or continue to hold any place of profit or emolument under the Committee of such district or shall have any pecuniary interest in any work of a value exceeding £20 in the aggregate in any one year done in such district under the authority of the Committee other than as a shareholder in a public registered company contracting therewith he shall thereupon cease to be a member of the School Committee.

27. Proceedings of Committee.

The proceedings of every District School Committee shall be transacted at meetings the time and place for which shall have been previously fixed by such Committee or at meetings to be convened by the Chairman of such Committee and it shall be the duty of the Chairman to convene such meeting whenever he shall be requested in writing so to do by two or more members of such Committee or in the event of there being no Chairman or until the election of the Chairman or should the Chairman decline to convene the meeting as requested any two members of the Committee may convene a meeting of the Committee to be held at the time and place and for the purpose specified in a written notice to be sent to the residence of each member of the Committee.

28. Election of Chairman.

Every District School Committee shall at its first meeting elect one of its members to be Chairman thereof who shall preside at the meetings of the Committee and shall have an original and when the number of votes shall be equal also a casting vote thereat and such Chairman shall forthwith notify his election and his usual address to the Superintendent Provided that if the aforesaid 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.

29. Chairman to be removable.

The Chairman of any District School Committee shall be removable by the Superintendent on a requisition to that effect signed by at least three-fourths of such Committee being presented to him praying for such removal.

30. Chairman ceasing to be Member.

If the Chairman shall cease to be a member of the District School Committee or shall by writing under his hand addressed to such Committee vacate the office of Chairman or shall be removed by the Superintendent the Committee shall at its next meeting thereafter elect another member to be Chairman in his stead.

31. Questions how to be decided.

All questions coming before the District School Committee shall be decided by a majority of the votes of the members present and there shall be no meeting of such Committee unless at least three members be present.

32. Rates leviable for Erection of School.

If and whenever in any Educational District constituted under the provisions of this Ordinance the owners and occupiers of land and householders shall fail within a time to be limited for that purpose by the Superintendent to contribute and pay to the Provincial Treasurer the amount which shall be fixed by the Superintendent under the provisions of this Ordinance as the contribution of such District to the cost of the School buildings and of the acquisition of a suitable site or if and whenever it shall appear to the Superintendent that additions or repairs or other necessary works required to any school building or ground on the recommendation of any School Committee in any Educational District are required and the owners occupiers of land and householders of such district shall fail within a time to be limited for that purpose by the Superintendent to pay to the Provincial Treasurer the estimated cost of such additions or repairs or such proportion as the Superintendent may direct to be paid by such owners occupiers of land and householders it shall be lawful for the Superintendent in any of such cases by proclamation in the Provincial Government Gazette to declare an uniform rate to be leviable upon the amount of the annual value of the property comprised within such district as stated in the Ratepayers Roll or Rolls of the Municipality or Road District or Districts for the time being in force which are or shall be included either wholly or in part within the boundaries of such Educational District to be paid by the persons liable to pay rates in respect to such property for Municipal or Road Board purposes provided that such rates shall not in the aggregate exceed in any one year one shilling in the pound of the amount of such annual value.

33. Rates how Payable and Recoverable.

The said rates shall be paid to the said Superintendent or to such person or persons as he shall appoint and the amount of such rate or any part thereof shall not be paid as aforesaid within the time prescribed the same shall be recovered as a debt at the suit of the Superintendent Provided always that it shall be lawful for the Superintendent to excuse from payment of such rate any person who he may deem unable through poverty to pay the same The amount of such rate when collected or recovered as aforesaid shall be paid into the Provincial Treasury and shall be applied in the first place in defraying the expenses of collecting such rate and subject thereto towards the erection of school buildings or additions or repairs to any school buildings the acquisition of a site for a school and for the purchase of books apparatus and fittings for such school and for any other purpose specified in clause 32 of this Ordinance Provided always that the said rates shall be paid at such times and in such proportions as the Superintendent may by regulations from time to time by order prescribe.

34. Road Board to Supply Copy of Ratepayers’ Roll of District.

The Chairman of any Road Board within the Province shall on receiving a request to that effect in writing from the Superintendent supply the person or persons appointed under the foregoing clauses with a certified copy of the Ratepayer’s Roll then in force in any such Road District or of such portion of the said Roll as may be required on receiving payment of cost of preparing the same.

35. Expenditure of Funds by Committee.

Every District School Committee shall expend all money paid to it under any Ordinance of the Superintendent and Provincial Council in accordance with the provisions of such Ordinance and shall expend all money received by it arising from rates to be levied within the district and all other moneys received by it under this Ordinance in the maintenance and support of the school or schools under its control.

36. Committee to Pay over Moneys in its hands to its Successors.

Any moneys in the hands or under the control of any District School Committee at the expiration of its term of office shall be paid over by such Committee to its successor immediately after its election.

37. Establishment of Schools, Appointment of Teachers, and Teachers’ Salaries.

In every Educational District it shall be lawful for the District School Committee with the sanction of the Superintendent and subject to the conditions hereinafter mentioned to establish one or more schools and to appoint or dismiss the teacher or teachers of such school or schools and generally to have the management of such school or schools within the district Provided that the salary of male teachers in any schools of twenty children or upwards in average daily attendance not being assistant or pupil teachers shall be not less than £130 per annum and of female teachers not being pupil teachers not less than £60 per annum in all schools included in any Educational District.

38. Qualification of Teachers.

No appointment of any teacher shall be valid unless such teacher shall have produced to the Superintendent a certificate of qualification from Her Majesty’s Committee of Privy Council on Education or from an Inspector of Schools appointed under the provisions of this Ordinance or from any Examiner or Examiners to be appointed by the Superintendent and such other certificates of fitness as shall be required by any regulations of the Superintendent and every appointment or dismissal of any teacher or any reduction made in his salary after being once fixed shall be subject to the sanction of the Superintendent.

39. Pupil Teachers.

It shall be lawful for the Superintendent to make and from time to time to alter rules and regulations for the examination training and employment of pupil teachers and to grant any moderate sum or sums of money in aid of the maintenance and education of such pupil teachers and the District School Committee may from time to time engage and employ one or more of such pupil teachers on such terms as the Superintendent shall think fit.

40. Grants in Aid for School Buildings.

It shall be lawful for the Superintendent to grant to any District School Committee or Commissioner appointed in accordance with the provisions of this Ordinance any sum not exceeding one-half of the estimated cost of the buildings fittings and apparatus required and the land required for a site or sites for the establishment of a school or schools in any district constituted under this Ordinance or the estimated cost of repairing or adding to any buildings that may exist on the school site or the cost of increasing the area of the school site or for any other necessary work connected with the school Provided nevertheless that no aid shall be granted by the Superintendent for any other of the purposes mentioned in section 32 unless

(1st) The site and plan of the buildings shall first have been approved of by the Superintendent.

(2nd) The site or sites outside the limits of a town shall be at least one acre in extent The site or sites within the limits of a town shall be such as shall be approved of by the Superintendent Provided that the school-buildings in any Educational District may on the approval of the Superintendent be placed on a site separate from the site of the master’s house.

(3rd) The site or sites be previously vested in the Superintendent for the purposes of a school by a grant in fee.

(4th) There shall have been deposited in the Provincial Treasury a sum equal to one-half of the estimated cost of the school buildings and site or the estimated cost of repairing or adding to any building that may already exist on the school site or the estimated cost of any other necessary work as aforesaid or the Superintendent shall have taken steps to levy the amount fixed by the Superintendent in accordance with Section 32 Provided that the proposed site and any building that may exist thereon and which may be deemed by the Superintendent suitable for the purposes of a school may be accepted at an estimated value by way of payment or part payment of the contribution aforesaid. Provided always that notwithstanding anything hereinbefore contained to the contrary the Superintendent shall for the financial period ending on the 31st March 1876 grant to any District School Committee or Commissioner appointed in accordance with the provisions of this Ordinance a sum not exceeding five- sixths of the estimated cost of the buildings fittings and apparatus required and the land required for a site or sites for the establishment of a school or schools in any district or the estimated cost of repairing or adding to any buildings that may exist on the school site or the cost of increasing the area of the school site or for any other necessary work connected with the school and the contribution to be paid by any school district during the like period for the purposes aforesaid shall be one-sixth of such estimated cost as aforesaid.

Provided also that should any School District contribute an amount equal to a rate of one shilling in the £ on the annual value of’ the rateable property in the district the necessary school buildings may be erected though the rate of one shilling in the £ may not be equal to one-sixth or one-half as the case may be of the cost of the buildings fittings apparatus and site.

41. Insurance of School Buildings.

The Superintendent shall out of any moneys appropriated or to be appropriated by the Provincial Council for the purpose of education effect insurances on all school buildings erected on land vested in the Superintendent.

42. Committee to have Control of School-room.

The District School Committee shall have absolute control over the schoolroom and shall determine the purpose for which it may be used at any time except in school hours.

43. Householders to make Yearly Payments for Maintenance of Schools. There shall be paid yearly by every householder residing within a radius of three miles from the school in each such district a sum of Twenty Shillings and a further sum of Ten Shillings for every child of such householder between the ages of six and thirteen years Provided always that every householder shall pay the said rate of Twenty Shillings upon any dwelling-house warehouse shop or other building in his occupation in each Educational District but no such householder shall be liable to pay more than One Pound on account of such rate in any one district Provided also that no person shall be liable to pay in respect of his children a greater annual sum than Forty Shillings nor for any child attending a school not receiving aid or receiving efficient instruction in some other manner to the satisfaction of the District School Committee Provided that such child be not incapacitated from receiving such instruction through any mental or physical infirmity and provided that proof of such infirmity be adduced to the satisfaction of the District School Committee.

44. When and how payable.

The said annual sums and all other sums payable under this Ordinance shall be paid by every such householder or other person to some person or persons from time to time appointed by the Superintendent to receive the same in such proportions at such time or times in each year and at such place within each Educational District respectively as shall be fixed by the Superintendent by public notice in some newspaper published and generally circulated within the Province not less than twenty-one days before the time appointed and every such person shall hold office during the Superintendent’s pleasure and if the said sums or any part thereof respectively shall not be paid on or before such time or times the same may be recovered as a debt at the suit of the Superintendent. Provided always that it shall be lawful for the Superintendent on the recommendation of the District School Committee to excuse any person from the payment of such sums of money who may be deemed unable through poverty to pay the same.

45. Moneys Collected Payable into Treasury.

The person or persons so appointed to collect the sums of money shall pay the household rate of one pound and the sums to be paid for the children at ten shillings for each child as aforesaid and the rates to be collected under the authority of Section 32 of this Ordinance into the Provincial Treasury.

46. Fees to be Paid in Certain Cases.

Any child over the age of five years may attend any school which may be under the control of any District School Committee on payment in advance of such school fees as the Superintendent may by regulation determine not exceeding five shillings per quarter but nothing in this section shall be construed as imposing any liability for further school fees in respect of children between the ages of six and thirteen of any householder liable to pay or who shall have paid rates or fees under the provisions of Section 43 of this Ordinance.

47. No Child under Five Years to attend School without Sanction of Committee.

No child under five years of age shall be permitted to attend at any school under the control of any District School Committee except by the sanction in writing of such Committee under the hand of the Chairman thereof and all children under such age may from time to time be excluded by such Committee testified as aforesaid.

48. Superintendent to Pay Sums for Maintenance of School to Chairman of

Committee.

All sums payable by the Superintendent for the maintenance of any school shall be paid to the Chairman of the Committee of the district in which such school shall be situate or his order.

49. Teacher only to Instruct.

No person other than the teacher or teachers except as hereinafter provided shall be allowed to give instruction in any school.

50. Religious Instruction.

The Committee of any School may set apart either one whole school day or two half school days in every week during which any minister or ministers of religion or person or persons appointed by them and approved by the Local Committee may impart religious instruction to such of the children on the books of the school as may belong to his or their religious denominations Provided that no child or children shall be allowed to attend at such instruction except on a written request to that effect addressed to the teacher by the parents or guardians of such children.

51. Superintendent may make Special Grants to other Schools.

It shall be lawful for the Superintendent notwithstanding anything hereinbefore or hereinafter provided to grant any sum or sums of money in aid of the efforts made by private individuals or associations for the promotion of education in localities in which there may be less than twenty-five children between the ages of six and thirteen or in which from the smallness or scattered position or the unsettled nature of the population no Educational District shall have been constituted.

52. Provision for Physical Training and Military Drill.

In any of the schools subject to the provisions of this Ordinance as the Superintendent shall from time to time direct provision shall be made for physical training and training in military drill and for teaching vocal music The training in drill and teaching of vocal music shall be such and be conducted and taught in such a manner as shall from time to time be prescribed in regulations to be made by the Superintendent.

53. Quarterly Returns to be made.

It shall be the duty of the Chairman of the Committee of any school district to transmit to the Superintendent within one week from the termination of every quarter returns according to forms to be supplied by the Superintendent of the number of children on the books of the respective schools the average attendance the amount of fees if any paid and due the scale of fees and such other particulars with regard to the condition of the school as the Superintendent shall require.

54. Inspection of Schools.

It shall be lawful for the Superintendent or any other person authorised by the Superintendent to enter any school existing under the provisions of this Ordinance during school hours for the purposes of inspection or otherwise.

55. Expulsion of Children.

It shall be lawful for the teacher in any school established or maintained under the provisions of this Ordinance to expel or forbid the attendance of any child for want of cleanliness or who may be likely to communicate any contagious disease or who from gross misconduct or incorrigable disobedience may be considered an injurious or dangerous example to the other scholars the parent or guardian of such child having a right of appeal first to the School Committee and finally to the Superintendent.

56. Branches of Instruction.

In all schools aided by the Superintendent the system of elementary education shall comprise reading writing spelling arithmetic geography history sacred and profane and English grammar Provided that no child shall be compelled to be present at the teaching of history whose parents or guardians shall object thereto Provided also that instruction in any other subjects may be given in any such schools and fees may be charged for the same in accordance with the regulations to be framed by the Superintendent such fees to be payable to the Treasury.

57. In certain cases Superintendent may interfere to carry out Provisions of

Ordinance.

In any case where it shall appear to the Superintendent that any of the provisions of this Ordinance have been contravened in respect to any school established under the provisions of this Ordinance or where the site buildings or premises of such school are insufficient or otherwise unsuitable or where the school apparatus is defective or where the school is generally inefficiently conducted it shall be lawful for the Superintendent to take all measures and do all acts which shall be necessary to carry out the provisions of this Ordinance and to remedy all such defects as aforesaid in such school.

58. Depôt of Books and Apparatus.

There may be a depot of school books and apparatus under the charge of the Superintendent and the Committee of every school aided by the Superintendent may purchase at the said depôt the books and apparatus required for the use of such schools at such price as shall be fixed by the Superintendent and the proceeds of such sales shall from time to time after payment of expenses connected with the said depôt be expended in the purchase of supplies of such books and apparatus.

59. Rates, &c., Recoverable at Suit of Superintendent.

All rates and other sums of money made payable by this Ordinance shall be recoverable at the suit of the Superintendent.

60. Rates, &c., payable under repealed Ordinance recoverable at suit of

Superintendent.

All rates and other sums of money made payable under the authority or provisions of the Ordinance hereby repealed shall be paid received and recovered in like manner as the same might have been paid received and recovered if this Ordinance had not been passed.

61. Householder.

The term Householder in this Ordinance shall mean every person who as owner tenant lessee or occupier occupies uses or resides in any dwelling-house warehouse shop or other building in any Educational District or every parent or guardian who is liable to maintain or has the actual custody of any child

Provided that nothing herein contained shall be deemed in any way to affect any dwelling-house the property of Her Majesty or in the occupation of the Crown or Government of the Colony.

62. Coming into operation of Ordinance.

This Ordinance shall come into operation upon and after the first day of July one thousand eight hundred and seventy-five.