No. 132

A.D. 1870
Vide No. 122.
An Ordinance to amend "The Common School Ordinance, 1869."
[20th April, 1870.]
Preamble.WHEREAS it is expedient to remove doubts relating to the construction of "The Common School Ordinance, 1869," and to amend the same:

And whereas it is expedient to make provision for the Inspection of Common Schools:

Be it enacted by the Governor of British Columbia, with the advice and consent of the Legislative Council thereof, as follows:-

Governor may appoint Inspectors of Schools.
  1. It shall be lawful for the Governor, from time to time, to appoint a fit and proper person, or fit and proper persons, to be Inspector or Inspectors of Schools established under the said Ordinance, and to make provision for his or their expenses; and the same may be paid out of the General Revenue of the Colony, notwithstanding anything in the said Ordinance contained to the contrary, and in particular to the provision in the second Section thereof, in the words following:-"provided, always, that the expenses of any such visitation and inspection shall not be borne by the School funds," which provision shall be and is hereby repealed.
Duty of Inspectors.
  1. It shall be the duty of the said Inspector or Inspectors (whose appointment shall be notified in the Government Gazette) from time to time, to visit and inspect all Common Schools established under the said Ordinance, and examine, enquire into, and report upon the several matters, persons, and things following, for the information of the Governor in Council:-
    1. The management, character, efficiency, and general condition of said Schools:
    2. The character and qualifications of the Teachers:
    3. All complaints which may be made in respect of the conduct, management, or condition of any School:
    4. The text books in use in the said Schools, and to see that none but those duly approved of are used therein.

It shall also be the duty of the said Inspector or Inspectors to examine the children of each School at least once in every year, to satisfy himself or themselves that every reasonable endeavour has been made for the payment of the salaries guaranteed by each Local Board to the several School Teachers before the public grants of money are made to the said Boards respectively by the Governor in Council, and generally to carry out all instructions which may be issued to him in writing by the Governor in Council, in so far as they may be in accordance with the provisions of the said Ordinance.

Inspector to make Annual Reports.
  1. The said Inspector or Inspectors shall make an annual report to the Governor in Council, before the 31st day of December in each year, upon the condition of all Common Schools inspected by him or them, and a copy of such reports shall be laid before the Legislature, as soon thereafter as may be practicable.
Board of Examiners how appointed.
  1. The Governor in Council shall have power to appoint, from time to time, fit and proper persons, not less than three and not more than five, to be a Board of Examiners for the purpose of examining School Teachers, and after examination to grant to them certificates of competency when found advisable; and it shall be lawful for the Governor in Council aforesaid to refuse the payment of any grant to any School Teacher who has not received a certificate of competency as aforesaid.
Appointment of Collectors.
  1. The Local Board of each District shall appoint some person, of if they think it expedient one of themselves, as Collector to collect the tax, rate, or tuition fees imposed by them, or the sums which the inhabitants of the District may have subscribed for the current year, and they may pay such Collector at the rate of not more than ten per cent on the moneys collected by him.
List of Rate-payers.
  1. The Local Board shall make out a list of the names of all persons rated by them for School purposes, or liable for tuition fees, or for moneys agreed to be subscribed as aforesaid, and shall annex to such a list a warrant directed to the Collector for the collection of the several sums mentioned in such list; and such warrant may be in the form in the Schedule to this Ordinance annexed.
Boundaries of Municipal School Districts.
  1. Any School District for which the Council of any Municipality may be or has been constituted the Local Board according to the provisions of the said Ordinance, may include within its limits any quantity of land outside the Municipal boundaries as may be or may have been approved of by the Governor in Council, and all persons residing without such Municipal boundaries, but within such School District, shall be and are hereby declared to be liable to pay all rates, taxes, fees, and sums of money assessed on or payable by them, in like manner as if they resided within such Municipal boundaries.
Right of male residents to vote.
  1. And whereas it is expedient that all male residents of each District above the age of twenty years should have the right to attend and vote at the special and annual meeting appointed to be held under the provisions of the said Ordinance. Be it therefore enacted that Section 6 and 7 of the said Ordinance, shall be and are hereby amended by striking out the words "freeholders and resident householders," and inserting in lieu thereof the words "male residents above the age of twenty years."
Form of Tax By-Law.
  1. Every By-Law passed as provided in Section 8 of the said Ordinance, may be in the form of a resolution as provided in the Schedule hereto, and shall be transmitted to the Governor and certified under the hand of the Chairman of the meeting at which the resolution has been passed.
Taxes when due.
  1. The first annual period for which any tax, rate, or sum of money shall be payable as aforesaid, shall commence and be deemed to have been due on the day on which the first By-Law in any District shall have been approved of by the Governor, and thenceforward shall be payable for any subsequent year and be due from the date of the approval of each succeeding By-Law approved as in the said Ordinance is provided.
Short Title.
  1. This Ordinance may be cited as "The Common School Amendment Ordinance, 1870."


Form of Warrant

We the undersigned, being the Local Board for the School District of __________, by virtue of the authority vested in us by "The Common School Ordinance, 1869" and "The Common School Amendment Ordinance, 1870," hereby authorize and require you [here insert name of Collector] , after ten days from the date hereof, to collect from the several individuals in the annexed list, the sums of money set opposite their respective names, and payable under the said Ordinances for the year ending __________, 18__, and to pay within __________ days from the receipt thereof the amount so collected to our Treasurer, whose discharge shall be your acquittance for the sums so paid, and in default of payment on demand, by any person so rated, assessed, or liable, you are hereby authorized and required to levy the amount by distress and sale of the goods and chattels of the person or persons making default, on order to be made in that behalf by a Justice of the Peace as provided by the said Ordinance.

Given under our hands and seal this _____day of __________18___.

A. B., Local Board

B. C., " "

  1. D., " "


Form of Resolution

Resolved, That the Local Board for the School District of __________ do collect, and are hereby empowered to collect and levy a Tax or Rate of __________ dollars per head, for the year commencing the _____ day of __________ 18__ , upon all male residents above the age of twenty years in the said District.

Passed at a meeting held the _____ day of __________ 18__ .

Certified by me,

A. B., Chairman