Canterbury Provincial Ordinances
26. The Education Ordinance 1875
[18th 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,
The short title of this Ordinance shall be “The Education Ordinance
The Education Ordinance 1873 is hereby repealed Provided always that nothing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
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shall be as valid and effectual as if the said Act had not been repealed And it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
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
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
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
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
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
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
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
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
and in every such case the district or districts constituted or
affected thereby shall be deemed to be and shall be proclaimed as
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
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
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
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
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
for such district who shall hold office until the second Monday in
the month of April next following his appointment and all the
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
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
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
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
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
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
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
prescribed for ordinary annual meetings held for the purpose of
electing District School Committees. And should any vacancy or vacancies
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
and shall immediately thereupon call together a meeting of the
householders in such Educational District and thereupon such proceedings
be taken for the election of a Committee or in default of such election for the
appointment of a Commissioner as are hereinbefore
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
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
of this Ordinance or shall accept or continue to hold any place of
profit or emolument under the Committee of such district or shall
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
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
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
shall be absent from any meeting the members present shall
elect one of their number to preside in his stead at such meeting and
presiding member shall have the same power at such meeting as the
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
in accordance with Section 32 Provided that the proposed site and
any building that may exist thereon and which may be deemed by
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
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
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
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
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
manner to the satisfaction of the District School Committee Provided
that such child be not incapacitated from receiving such instruction
mental or physical infirmity and provided that proof of such infirmity be
adduced to the satisfaction of the District
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
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
always that it shall be lawful for the Superintendent
on the recommendation of the District School Committee to excuse any person
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
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
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
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
with regard to the condition of the school as the Superintendent
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
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
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
and fees may be charged for the same in accordance with the
regulations to be framed by the Superintendent such fees to be payable
57. In certain cases Superintendent may interfere to carry out Provisions of
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
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
All rates and other sums of money made payable under the authority or
provisions of the Ordinance hereby repealed shall be paid received
in like manner as the same might have been paid received and recovered if this
Ordinance had not been passed.
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.