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Education Rate in Aid Ordinance 1868

8. The Education Rate in Aid Ordinance 1868.

[9th April, 1868.]

Whereas an Ordinance intituled the "Education Ordinance Session VIII. No. 10 " was passed in the Eighth Session of the Provincial Council by the Superintendent and Provincial Council for the establishment and maintenance of Schools within the Province. And whereas another Ordinance was passed in the Twentieth Session of the said Council intituled the "Board of Education Ordinance 1863 " And whereas another Ordinance was passed in the Twenty- second Session of the said Council intituled "The Education Ordinance 1864 "

And whereas another Ordinance was passed in the Twenty-fourth Session of the said Council intitutled "The Education Ordinance Amendment Ordinance 1865" And whereas it is expedient to make further provision for the establishment and maintenance of Schools in the said Province and to repeal certain portions of the said "Education Ordinance 1864:"

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

1. Repealing Clause.

From and after the date when this Ordinance shall come into operation Sections

29 30 31 and 32 and so much of clauses 21 and 34 as limit the amount of aid payable for the maintenance of any school of the “Education Ordinance 1864” shall be and the same are hereby repealed.

2. Moneys, how to be applied.

The Superintendent may from time to time by and with the advice and consent of his Executive Council apply any moneys to be raised by virtue of this Ordinance in such manner as may be recommended by the Board of Education as appointed by the "Board of Education Ordinance 1863 " before recited.

3. Rates may be levied.

The Superintendent may for the purposes of this Ordinance with the advice and consent of his Executive Council make and levy rates upon all lands buildings tenements sheep or other property within the Province which shall be liable to be rated for the maintenance or repair of roads or for Municipal purposes within the Province of Canterbury Provided that no such rates shall in any one year exceed the sum of sixpence in the pound on the net annual value of the Property rated.

4. Superintendent may make use of Ratepayers’ Roll in determining annual value of properties.

For the purpose of determining the annual value of such lands buildings tenements and property as aforesaid it shall be lawful for the said Superintendent to make use of the Ratepayers' Roll or Assessment which shall have been made by any City Borough or Municipal Council or by any Road Board within the Province whereby any property subject to a rate under the provisions of this Ordinance shall have been previously assessed or rated previous to the first day of January in each year And such Superintendent shall be entitled to call upon the Mayor Chairman Town Clerk or other officer of such City Borough or Municipal Council or of any Road Board to produce for inspection by such officer as such Superintendent shall appoint when and so often as the same shall be required any Ratepayers' Roll or other documents evidencing the fixing or determining the amount of any assessment or rate and it shall be the duty of such Mayor Chairman Town Clerk or other officer to produce such Ratepayers' Roll or other documents as foresaid upon request.

5. Who to be liable for rates.

All rates levied by virtue of this Ordinance shall be payable by all such persons who shall for the time being be liable to pay rates for the maintenance or repair of roads or for municipal purposes.

6. Superintendent may remit payment of Rate in certain cases.

It shall be lawful for the said Superintendent if it shall be represented to him by any person liable to pay any rate that he is unable by reason of poverty to pay such rate and if the said Superintendent shall be satisfied of the truth of such representation to remit and excuse the payment of such rate or any part thereof.

7. Superintendent to appoint Collectors.

The Superintendent shall appoint a fit person or persons to collect the rates and shall take security from every collector for the due execution of his office which security shall be to such amount as the Superintendent shall think fit and shall be by bond or otherwise as shall be considered expedient.

8. Collectors empowered to recover Rates.

All rates ordered by the Superintendent to be made and levied under the authority of this Ordinance shall be recoverable at the suit of any Collector of Rates appointed by the Superintendent as hereinbefore provided.

9. Superintendent to remit first Rate in certain cases.

The Superintendent shall remit to every person or persons who shall have paid a rate for the year 1868 under the provisions of the said “Education Ordinance 1864” the first rate levied under this Act or such portion of such rate as shall be equal in amount to the sum already paid by such person or persons for the said year.

10. Road Board to include any Commissioner under Roads Ordinance. The words "Road Board" shall include any Commissioner appointed by the Superintendent under the provisions of the "Roads Ordinance” to discharge the duties of a Road Board.

11. Ordinance when to come into operation.

This Ordinance shall come into force on such day as shall be appointed by the

Superintendent by proclamation in the Government Gazette.

12. Title.

This Ordinance shall be intituled and may be cited as "The Education Rate in Aid Ordinance 1868."