AN ACT TO MAKE PROVISION FOR EDUCATION IN THE PROVINCE OF AUCKLAND.

Poverty Bay Standard, Volume I, Issue 33, 8 March 1873, Page 3

AN ACT TO MAKE PROVISION FOR EDUCATION IN THE PROVINCE OF AUCKLAND.

(Concluded from our loot.) 33. AH proceedings for orders to send children to school and for the recovery of penalties under this Act may be had and taken in the manner prescribed by the Justices of the Peace Act 1860 and in any information or complaint under this Act whether for recovery of penalties or for orders to send children to school the allegation thata child is betweeh the ages of seven and twelve years shall be deemed sufficient prima facie evidence of the fact until the contrary is proved and in every case the father and mother or guardian of any child may be witnesses. 34. All schools established and maintained by rates levied under this Act shall be open free of charge to all chilchildren above the age of five years but it shall be lawful for the teachers of such schools 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 incorrigible disobedience may be considered an injurious or dangerous example to the other scholars Provided always that the parent or guardian of such child shall have a right to appeal against such decision of the teacher to the School Committee and finally to the Board whose decision in every such case shall be fiual. 35. All Schools established and maintained by rates levied under this Act shall be at all times during school hours open to the visits of the parents or guardians of children attending the same and to inspection by any member of the School Committee or of the Board or by the Inspector of Schools subject in all cases to the regulations of the Board. . . 36. To provide for the education of young people every master of a school established under this Act shall be required to open an evening school whenever not fewer than six pupils above twelve years of age offer themselves for tuition Provided always that it shall be lawful for such master to charge a moderate fee for his attention to such pupils subject to the approval of the 37. For raising the necessary funds for establishing and maintaining district schools and for otherwise carrying out the provisions of this Act there shall be levied yearly upon every householder residing within the Province of Auckland an annual household rate to be levied and assessed in the manner following that is to say every householder within the Province of Auckland who shall be the occupier of a dwelling house shall pay an uniform education rate not exceeding twenty shillings as shall be fixed annually by the Board and such rate shall be paid by the person liable to the payment thereof to some person or persons to be appointed by the Superintendent for that purpose on a day at a place to be fixed by the Superintendant by public notice in the Provincial Government Gazette and in one paper published or generally circulated in the Province not being less than one month from the time of giving such notice nor less than nine months from the previous day so appointed for the collectiion of the rate and if the rate or any part thereof shall not be paid on the day so to be fixed for that purpose the same may be recovered in a summary manner before any Justice Or Justices of the Peace. 38. Every person in the Province of Auckland being the parent or other person having the care or custody of a child resident within the said Province between the ages of seven years and fourteen years shall pay to the person appointed by the Superintendent at the same time and place and in all respects in the same manner as hereinbefore is provided in respect of the payment of - household rates the sum of five shillings annually for every such child and in default of payment of such rate by the person liable for payment of the same such rate may be summarily recovered in all respects as provided in relation to the household rate aforesaid Provided always that no person shall be liable to pay tor more than four children nor for any child residing more than three miles from any School established under this Act nor tor any child attending any School not so established in jreipect of

whom such parent or guardian as afore* ] aaid shall produce to the receiver a I certificate signed by the teacher of such * last mentioned School showing that such child has attended such School for at least three months previous to the levying of such rate. 39. When any person shall owing to poverty be unable to pay such rates or any part thereof it shall be. lawful for the Superintendent upon the certificate of the School Committee to that effect to excuse any such person from payment of such rates or any part thereof for such period as he shall think fit Provided always that a list shall be kept of the names of all persons so excused and no person mentioned in the said list shall be liable to pay the said sums. 40. All rates in arrear may be sued for in the name of the Superintendent by any duly appointed receiver of rates and it shall be lawful in cases where the amount for which any householder may be liable may be unknown to the I receiver or may be in dispute to sue for the full amount of Two Pounds and the burden of proof that any person is not liable to pay the full amount so claimed shall rest upon such person. 41. All monies levied or received under the authority of this Act shall be paid by the receivers to the Treasurer of the Province to be appropriated by the Board in carrying out the provisions of this Act and the said Board may issue their warrants (such warrants to be signed by the Chairman for the time being and any two other members of such Board and counter-signed by the Secretary) for any sum not exceeding the sum for the time being at the credit of the said Board. 42. There shall be maintained in the City of Auckland or in suburbs an educational establishment to be called the Auckland College and Grammar School under a headmaster and such number of duly qualified teachers and assistants as the Board shall from’ time to time consider necessary in which shall be taught all the branches of science and learning as the advancement of the Colony and the increase of population may from time to time require and the said institution shall be entirely under the Superintendence and control of the Board and shall be maintained and supported and all salaries and expenses thereof paid by the Board out of the Grammar School Trust Fund. 43. It shall be lawful for the Board out of any of the funds at their disposal to establish scholarships to be held by pupils of any public or private schools within the Province of Auckland in the Auckland College and Grammar School aforesaid and from time to time to make such regulations in reference thereto as may to the Board seem desirable or necessary Provided however that no scholarships shall be awarded except to the successful competitor or competitors in a public examination and that such scholarships shall be offered for competition to the pupils of public, schools established under this Act in the proportion both in number and value of at least three to every one offered for competition to pupils of any other public or private school. 44. It shall be lawful for the Board from out of the Grammar School Trust Fund to establish scholarships to be held by students of ’the Auckland College and Grammar School or any College or University in New Zealand and such scholarships shall be comS;ted for and held under such condone in such manner for such term t and subject to such regulations as the ’ Board shall from time to time deter45. No religious instruction shall be given in any school established under the provisions of this Act at any time within the regular school hours aut thorised by the Board Provided al- ( ways that nothing herein contained j shall be taken to prohibit religious ( instruction being imparted in any school building established under the t provisions of this Act at any time not ( within the school hours authorised by the Board and to such children as may ’ voluntarily attend such instruction. [ 4JL Nothing in this Act shall apply t to any aboriginal native of New Zea- • land. 47. For the purposes of this Act > the words Grammar School Trust Fund ■ shall mean and include all monies • arising from fees,paid by pupils of the

Auckland College and Grammar School from rent of |auds granted or hereafter 'to be granted for the establishment and maintenance of an Auckland College and. Grammar School and from interest of monies invested or to be invested in pursuance of any trust for the establishment and maintenance of a College and Grammar School in the said Province The Public School Fund shall mean and include all monies to arise from any rates imposed by this Act and all monies arising from rents and profits of lands granted or hereafter to be granted for the purposes of general school education within the province from bequests endowments and subscriptions and from interest of monies invested or hereafter to be invested for carrying out the purposes of this Act. 48. If any Member of the Board shall by writing addressed to the Chairman of the Board resign his office of Member of the Board or die or become of unsound mind or accept any office of profit under the Board or be adjudicated a bankrupt or insolvent or execute any deed of composition or arrangement with his creditors or be absent from the province for six months at one time or be convicted, of treason felony perjury or any infamous crime he shall immediately cease to be a Member of the Board.