BOARD OF EDUCATION.

Globe, Volume VII, Issue 763, 30 November 1876, Page 3

BOARD OF EDUCATION.

Wednesday, November 29. The adjourned meeting of the Board waa held at the Normal School yesterday, at 3 p.m. Present —Messrs Inglis (chairman), Montgomery, Webb, Rolleaton, Tancred, Duncan, Knight, and Tosswill. The chairman said that an application had been made to him respecting the liability for rates where two families lived in one house. He had replied that where no structural severance existed, only one rate could be demanded. Mr Montgomery pointed out that where one family only was liable to pay, the question would be which one was liable. It was resolved thav further particulars should be obtained from the collector on the subject. The business done by the chairman since last meeting was approved. UPPER HBATHCOTB. The chairman stated that a vacancy had occurred in the chairmanship of the Upper Heathcote committee, owing to the resignation of Mr F. H. Wilson. It was resolved that Mr Henderson’s appointment as chairman be sanctioned ; in the event of his declining, Mr Mannering’s appointment to be sanctioned. EAST CHRISTCHURCH RATES. The opinion of the solicitor on the question was read, as follows “ The legality of the rate herein depends upon the construction to be put upon the 32nd section of Provincial Ordinance, whether it can be levied upon the discretion of the Superintendent with the advice of the Executive Council; or whether such discretion must be exercised on the school committee setting the Minister for Education in motion. I am of opinion that the latter is the true construction. <■ The next question that occurs is whether, assuming the Is rate to have been properly struck, it could be cancelled. I am of opinion that it could not. If this view be correct, no part of the Is rate has been levied, and it consequently lapses under section 20 of the Act of 1876. “ If, however, the 1s rate could be cancelled, the levying of the lid rate opens up the previous question, and the conflict on matters of fact and intention between the committee and the late Minister for Education, all affecting in my opinion the authority to levy a rate and its subsequent validity. “ If the lid rate has been levied according to law, I think that the discretion to levy a part only does not now exist, and that payment of the whole must be enforced. “ It is impossible, having regard to the legal difficulties and technicalities that surround the whole question, to predicate what result will follow an attempt to enforce judgment of the rate, or a part of it, if so determined upon, but I will give the matter my best attention if it is determined to test the matter by recourse to law. “ F. J, GARRICK. “ Nqyember 22ad, 1870,”

The chairman said that after receiving the letter he had seen Mr Garrick personally, who had given it as hia opinion that the rates levied were illegal. The shilling rate he held could not be cancelled, Mr Knight said that he held the Executive could rescind any resolution passed by them. The shilling-rate, he would point out, was never levied, but the eleven-penny one had been. He could not see why the Christchurch people could get off paying their rates, and the country people be forced to do so.

Mr Rolleston said that the Timaru people had not paid anything on account of this rate.

Mr Montgomery thought that the question was whether the Board should decide the matter at once, or instruct their solicitor to prepare a case to take into Court in order to test the matter.

The chairman said another letter had been received, objecting to the amount of the rate, although a part had been already paid. Mr Tosswill said he would move the following resolution—“ That as the opinion of the solicitor is that the building rate cannot be collected, the Board decide to take no steps as to the collection of the rate, and instruct the collector to that effect.”

Mr Knight could not take the solicitor’s opinion as being definite at all, So far as he knew, the custom of the Executive had been to cancel any resolution they thought proper to alter. He would point out that no rate could be considered as having been levied until it had been proclaimed and gazetted. At a meeting of the Executive, at which the Superintendent was present, the shilling rate had been struck, and a minute to that effect had been made. Ultimately the matter was reconsidered and the resolution rescinded. An elevenponny rate wassubseq uent ly struck which was gazetted. After this it was resolved that only sixpence should be collected, but the elevenpenny rate which was already in force was never rescinded. Of the latter the sum of £B9 3s lOd had been collected. If the solicitor had given a very decided opinion it would then be their duty to take no steps towards the collection of the rate, but the solicitor had not done this. In the letter read to the Board he had assumed certain facts on which he had founded the opinion he had given. The question was one of very great importance, inasmuch as the country districts had already paid the Is rate, and if Christchurch was exempted a great deal of illfeeling would be created. Mr Montgomery pointed out that the solicitor’s opinion was to the effect that a portion of the rate could not be collected. It must be all or none. According to the new Act this was the law, Mr Rolleston was of the same opinion.

Mr Tosswill thought that the country districts would not feel at all injured at Christchurch not paying this rate. So far as he could see he considered that they were not warranted in taking the extreme step of going to law on the matter. The chairman said that all the papers had been placed before the solicitor, in order to enable him to come to an opinion. Mr Garrick had told him (the chairman) that should any one dispute the rate, the Board had no power to recover it. Mr Rolleston said that, according to the Act, the Executive Council could strike a rate by proclamation, He was not of opinion that a mere minute of the Executive would make illegal, Mr Knight thought that the 57th' clause fully justified the Executive in striking the rate lor lid in the £. The Minister of Education had received a letter from the Bast Christchurch committee, stating that it was a matter of necessity to raise money for building purposes. The Executive then did what they were required by the committee. The committee nominally on paper paid half towards the expense of the site for the infant school. Mr Duncan seconded the motion.

The chairman then read the precis of the correspondence which had taken place between the committee and the Minister.

A lengthened discussion ensued, and ultimately Mr Tosswill’s resolution was put and carried. Mr Duncan then moved “ That the chairman take steps to return the rates already paid to the ratepayers of Bast Christchurch.” Mr Rolleston seconded the motion, which was agreed to. TIMARU. The following opinion was read from Mr Garrick as to the rate levied in Timaru “ Section 20 of the Education Boards Act, 1876, is peculiarly framed and difficult of interpretation, I am of opinion, however, after careful consideration, that the construction of the section in question expresses the intention of the Legislature as abolishing all future rates, except capitation rates for children, leviable by authority of the Provincial Ordinance, and all existing rates, any portion of which had not been collected at the time of the Act of 1876 coming into operation ; and that no part of the rate within referred to having been collected, the entire rate lapsed. Irrespective of this difficulty, the validity of the rate appears to me open to question in one or two particulars, which will render even such portion as the ratepayers might otherwise be willing to pay doubtful of recovery. Should the Board, notwithstanding this opinion, wish to try the question, one case might be taken as a test, upon which the decision of Mr Justice Johnston might be obtained. “F. J. Garrick, “ November 22nd, 1876.” The Board decided that no further steps should be taken in the matter of collecting these rates. THE HOUSEHOLD RATE. The chairman said that he had received the following communication from Mr Garrick respecting the household rate : “ Dear Sir, —Tie household rate. Referring to our conversation of yesterday, I beg to advise you that I am of opinion that the household rate is one rate, though payable by separate districts and at different times and places, consequently is recoverable as a partly collected rate with the Act of 1876. With reference to the election of committees, I am of opinion that the words ‘ who shall pay or shall be liable to pay the household rate of such district,’ in the third or fourth lines of section 18, do not render the section inoperative, but that it is to be read for the purposes of working thej Act of 1876, as surplusage. “ F. J. Garrick, ’ THE RATE COLLECTORS. The Board resolved that the rate collectors appointed by the Superintendent

should be re-appointed, with power to sue if necessary. COMMITTEE OP THE BOARD. The chairman said that the work of the Board had so greatly increased that he must ask the Board to appoint a committee to work with him in carrying the business of the office. Mr Montgomery moved—“ That Messrs Duncan and Tosswill, with the chairman, be a sub-committee to arrange the work of the office, and to report to the Board." Mr Tancred seconded the motion, which agreed to. REQUIREMENTS OF COMMITTEES. The Board decided that the secretary be instructed to issue circulars to the various schol committees, asking them to send in the list of their requirements before the end December. VENTILATION OF NORMAL SCHOOL. Mr said that the bad ventilation of the Normal school had been brought under his notice. He thought this should be at once attended to. The chairman said he would confer with the architect on the matter. MOUNT GREY DOWNS. A letter was read from Mr Moore stating that the 4d rate struck in the district had created much dissatisfaction in the district, as it was felt that 2£d was sufficient. The letter was referred to the solicitor. BOARD OP EXAMINERS. Letters were read from Rev Mr Habens and Mr J. Oolborne-Veel, accepting the office of members of Board of Examiners, As re* garded change of the scheme of examination they thought that it would be as well to defer the question until after the January examination. SHORTHAND INSTRUCTION. A letter was read from Mr James Grey, recommending the teaching of [Pitman’s shorthand system in the public schools, and offering his services to teach it. The Board decided that the matter should stand over for a time. PUPIL TEACHERS’ EXAMINATION. It was decided that the dates of the pupil teachers’ examination should be advertised, and that the expenses on the former scale be granted. COLOMBO ROAD. An application for permission to purchase a quarter acre of land additional for school purposes at Colombo road was acceded to. NORMAL SCHOOL. An application from Mr Ournow, for the supply of a set of drawing copies for the girls’ school, was acceded to, PUPIL TEACHERS. The chairman said that in two cases the committees had sought to retain the services of pupil teachers who could not pass the examination for assistant mistresses, after having arrived at the age of seventeen years. The Board could not sanction the retention of pupil teachers after the age of seventeen, who had failed to pass as assistant mistresses. The Board resolved that in cases of this kind any pupil teacher having attained the age of seventeen, and failing to pass the examination for assistant mistress, would have to discontinue teaching at schools under the Board. SOUTHBRIDGE. Tenders were opened for the erection of the school buildings at Southbridge. The tender of Early and Son, for £585 10s, was accepted. LINCOLN. Tenders for the erection of additions to the master’s house at Lincoln were opened, and the tender of Jamieson and Son, for £257, was accepted. LYTTELTON. A letter was read from the committee, asking for sanction to build an addition to the school, and to call for tenders for the erection of the same. It was resolved to give the committee power to call for tenders as required. EAST CHRISTCHURCH. The plana of the master’s house were laid before the Board. It was decided that the chairman confer with the architect as to certain improvements necessary in the plans. RICCARTON; The chairman said that an application had been received from the chairman of the committee, asking that the teacher of the side school should receive full salary under the regulation according to attendance. It was resolved to do this, and also to grant the services of a full time teacher t« the side school. APPLICATIONS RE RATES. The chairman said he had received several letters respecting the rates levied in various districts. They would of course have to stand over for the present. cust.A letter was read from Mr Zouch, secretary of the Mechanics’ Institute, asking whether the Board would part with the old school building for the purpose of a library. The chairman said he had referred the matter to the school committee, who did not see their way clear to sell the building. It was decided that the Board reply that they would be willing to rent the building to the library committee. The Board then adjourned.