A.D. 1869
Amended by No. 132. | An Ordinance to establish Public Schools throughout the Colony of British Columbia.
[13th March, 1869.] |
Preamble. | WHEREAS it is necessary to establish an uniform system of Public Education throughout the Colony:
Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:-
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Common School Act 1865, repealed. | 1. "The Common School Act, 1865," of the former Colony of Vancouver Island, is hereby repealed. |
Power to Governor in Council to create School Disctricts, apportion School grant, and make Rules for the Management of Schools.
A.D. 1869 |
2. It shall be lawful for the Governor in Council from time to time,-
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Petitions from residents required. |
3. No School District shall be created unless the following conditions are complied with, namely:-
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Power to dispense with petition, &c. |
4. Provided, always, that the Governor in Council shall not require any such petition from any present School District, and shall have power, if he think fit, to refuse to create any School District where the number of children likely to attend School does not exceed twelve in number, or where the amount likely to be collected shall not exceed three hundred dollars per annum for the School Teacher; but provided, further, that nothing in this section shall prevent the Governor in Council granting assistance to Districts not containing inhabitants enough to warrant their being converted into School Districts, in accordance with this Ordinance.
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Election of Local Boards. |
5. Upon the receipt of such petition as aforesaid, from any District, the Governor in Council may order the election of a Local Board therein, to consist of not less than three persons, who shall be elected annually, during the first week in October in each year, at a Public Meeting (of which seven days' notice shall be given by the Chairman of the then existing Board) of the residents of the District; provided, however, that the first election under this Ordinance may take place at any time appointed by the Governor; and provided, further, that the Municipal Council of the City of Victoria, and of the City of New Westminster, and the Council of any Municipality hereafter created, shall be and are hereby constituted the Local Board for the City of Victoria, and of New Westminster, and of any Town created as aforesaid, respectively, or any extension of their limits for the purpose of this Ordinance, and shall have and may exercise all the powers vested in Local Boards by this Ordinance, without any special election or special meetings for the purposes of this Ordinance.
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Duties of Local Boards. |
6. It shall be the duty of the Local Board:-
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Power to Local Board to levy a tax | 7. If, at the before mentioned Annual Meeting of the [freeholders and residential householders] it shall be determined by a vote of two-thirds of the number present to levy a tax in lieu of charging tuition fees, the Local Board shall have power, and the same is hereby granted, to pass a By-Law for levying and collecting a tax not exceeding two dollars per head per annum upon all resident householders and male residents above the age of twenty years, in the District.
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Power to enforce payment of tax. | 8. Every By-Law, when approved of by the Governor, shall have the force of Law, and any person liable to pay any tax made payable thereunder, and refusing to pay the same within seven days after the same shall have become due, may be summoned, at the instance of the Local Board, to appear before the nearest Justice of the Peace, who shall have power to act summarily in the matter, and adjudge the amount of the said tax, and such costs (to be levied, if necessary, by distress of goods and chattels of the person refusing to pay) as he may think reasonable.
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Repeal or amendment of By-Law. | 9. Every such By-Law shall be in force until repealed or amended by succeeding Local Board, but no such amended By-Law or repeal thereof shall take effect until approved of by the Governor.
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Power to refer By-Law to residents of District. | 10. The Governor shall have power, before assenting or refusing to assent to any By-Law, to refer, if he think fit, the same to the residents of the District for their approval or the contrary, and to order their votes to be taken in that behalf.
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Disposal of Common School grant. | 11. Upon the receipt of a proper application from the Local Board of any School District, or from the inhabitants of any District, the Governor in Council may, after having taken into consideration such application, appropriate out of the Public School Fund a sum not in any case to exceed five hundred dollars per annum, for the purpose of assisting the payment of a Salary to a School Teacher, and also, if necessary, a further sum to aid in defraying the expense of erecting a School-house or of renting a building or room suitable for the purpose of a Common School, and to order the payment of such sum at such times and in such manner as may be deemed advisable or necessary; provided, always, that such grants shall not be made until the Local Board shall have given satisfactory evidence that the portion promised by the Local Board for payment of a School Teacher, the erection of Buildings, and furnishing and maintenance of the School has been collected and paid, or reasonably secured.
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Clergy may visit. | 12. It shall be lawful for every Clergyman and Minister of any denomination, at such times, before and after the regular school hours, as shall be approved by the Governor in Council, to visit the Public School of the District in which such Clergyman or Minister is resident or officiates, and impart such religious instruction as he may think proper to the children of his denomination.
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Short Title. | 13. This Ordinance may be cited for all purposes as "The Common School Ordinance, 1869." |