No. 3 of 1885.

An Ordinance to amend and consolidate as amended the School Ordinance of 1884.

Passed 18th December, 1885.

Be it enacted by the Lieutenant-Governor of the North-West Territories, in Council, as follows:

Board of Education.

1. The Lieutenant-Governor in Executive Council may appoint, and constitute a Board of Education for the North-West Territories, composed of five members, two of whom shall be Roman Catholics, and two shall be Protestants, and the Lieutenant-Governor, who shall be chairman.

2. The Members of the Board shall be paid for their services four dollars for each day of attendance at their meetings, and their actual travelling expenses.

3. A majority of the Board of Education shall be a quorum.

4. Any member of the Board absenting himself from the meeting of the Board, or from the meeting of his section, as hereinafter defined, for six months, shall be considered to have resigned his position, and the other member of the section to which he belongs, shall notify the Lieutenant-Governor of the vacancy so caused, and the Lieutenant-Governor be shall appoint his successor.

(1) To meet twice a year at least at Regina;

(2) To appoint Inspectors, who shall hold office during the pleasure of the Board, and to remunerate them for their services;

(3) To appoint a Board or Boards of Examiners for the examination of teachers, whose qualifications shall from time to time be prescribed by the Board of Education;

(4) To provide for the expenses of the Board of Examiners;

(5) To arrange for the proper examination, grading, and licensing of teachers, and the granting of certificates; such certificates to be of three classes, viz., a first, second, and third class certificate and a provisional certificate;

(a) Every such certificate of qualification shall have the signature of a Member of the Board, but no certificate shall be given to any teacher who does not furnish satisfactory proof of good moral conduct;

(6) To appoint a Secretary to the Board, and to provide for his salary;

(7) To make from time to time such regulations as they may think fit, for the general organization of schools;

(8) To make regulations for the registering and reporting of daily attendance at all schools;

(9) To cause to be kept a proper record of the proceedings of the Board;

(10) To determine all Appeals from the decisions of Inspectors of Schools, and to make such orders thereon as may be required;

(11) To prescribe the form of school register for all schools;

(12) To make regulations for the calling of their meetings from time to time, and prescribe the notices thereof to be given to

members.

6. The Board of Education shall resolve itself into two sections, the one consisting of the Protestant, and the other of the Roman Catholic inembers thereof, and it shall be the duty of each section:

(1) To have under its control and management the schools of its section, and to make from time to time such regulations as may be deemed fit for their general government, and discipline, and the carrying out of the provisions of this Ordinance;

2) To cancel the certificate of a teacher upon sufficient cause;

(3) To select, adopt, and prescribe a uniform series of text books, to be used in the schools of the section.

SCHOOL DISTRICTS.

7. The words "School District" shall mean any tract of land declared by the Lieutenant-Governor, as hereinafter provided, to be such school district, and the inhabitants thereof shall be a body corporate and politic for the purposes and with the powers and liabilities hereinafter specified.

8. Every school district shall be known under the corporate name of

the "School District of (here insert the name chosen by the people of district) "Protestant" (or "Catholic") "public" (or "separate") "school district No. (given by Lieutenant

Governor or Lieutenant-Governor in Council) "of the North-West Territories."

9. A Protestant or Catholic, public or separate school district, shall, at its erection comprise an area of not more than thirty-six square miles, its extreme limits being not more than nine miles apart and shall contain not less than four resident heads of families with a population of children of school age, that is to say, between the ages of five and sixteen, of not less than ten.

10. "Elector" shall mean any man or unmarried woman of the full age of twenty-one years, not an alien or unenfranchised Indian, who has within the limits of any proposed or existing school district, possession, in his, or in right of his wife, or her own right, of any land of the value of one hundred dollars, or who is an occupant and cultivator of unpatented Dominion Lands of the value of one hundred dollars, whether as a homesteader or otherwise, and any person who has as a joint tenant or tenant in common, an unexpired lease for the term of one year of any certain parcel of land, of which the yearly rental is at least twenty

dollars.

FORMATION OF SCHOOL DISTRICTS.

11. Any three resident electors of any locality fulfilling the requirements of section ten of this Ordinance may be formed, or may form themselves into a committee to procure its erection into a school district and may petition the Lieutenant-Governor for such erection.

12. The petition shall set forth:

(1) The proposed name in full, limits, definite location and approximate area of the proposed district;

(2) The approximate value of the taxable property within the proposed limits;

(3) The distance from, and the location of the nearest school dis-
trict;

(4) The name and address of a resident elector who shall act as
turning officer;

re

(5) Approximately the total population, the adult population and the population of children of school age as defined in section nine of this Ordinance resident within the proposed district;

(6) By an accompanying sketch, plan or map of the proposed dis

trict, its boundaries, principal legal sub-divisions, principal physieal features and general location;

(7) The date upon and place at which a meeting of the school electors of the proposed district will be held to decide whether the majority is in favor of the locality being erected into a school district or not and elect trusteen.

13. The petition must be accompanied by an affidavit of the several members of the committee, made before a justice of the peace, or a notary public, resident within the limits of the proposed district or as near thereto as may be, that the members of the committee are bona fide resident electors of the proposed school district, and that the statements made in the petition are correct.

14. At least twenty-one days before the day mentioned in the petition to the Lieutenant-Governor as the one upon which the before mentioned meeting is to be held, the committee shall cause to be posted up in at least five conspicuous and widely separated places within the district, copies of the following notice:

NOTICE.

"All parties are hereby notified that the undersigned committec have petitioned the LieutGovernor for the erection of (give name in full) school district within the following limits, that is to say (define limits) and hereby call a meeting of the school electors within these limits to decide whether such petition shall be granted or not, to be held on the day of ......at. from 12 o'clock noon till 4 p. m. and to elect three school trustees. The qualification of voters is expressed in the following oath which persons desiring to vote must take, if required:-" You do solemnly swear that your name is (mention name given by the proposed voter); that you are the owner (tenant or occupant) of (describe the landl voted upon); that it is of the value of one hundred dollars (er, if a tenant, of the yearly value of twenty dollars); that it is situated within the limits of the proposed school district, that you are of the full age of twenty-one years; that you are not an alien or unenfranchised Indian; that you have not received any corrupt reward and have no hope or expectation of receiving any such reward for voting at this time and place"" (Signed)

(Name of member of committee who is to act as returning officer.)

(Name of second member of committee)..
(Name of third member of committee)..

(1) Such notice may be either printed or written.

Returning Officer.

School Committee.

15. The Lieutenant-Governor shall acknowledge the receipt of the petition for the proposed school district, to the returning officer named in sub-section 4 of section 12, and state whether he approves of the erection of the same, or not.

16. The returning officer shall preside over the proceedings of the meeting mentioned in sub-section 7 of section 12, and the electors present at such meeting shall appoint a secretary who shall record the proceedings of the meeting and perform all other such duties as may be required of him by this ordinance.

17. The returning officer shall decide all questions of order, subject to

an appeal to the meeting; and in ease of an equality of votes, he shall give the casting vote, but he shall have no vote except as chairman.

18. The chairman of the meeting shall take the votes in the manner desired by a majority of the electors present; but he shall, at the request of any two electors, grant a poll for recording by the secretary the names of the voters present; such poll shall close at 4 o'clock p. m.

19. If required by any person present, or of his own accord, if deemed advisable the chairman of the meeting shall administer the oath prescribed in section 14 of this ordinance.

20. If it is desired in the case of any person voting under this or dinance to appeal against the decision of the returning officer or chairman of such school district meeting, such appeal must be notified to the chairman of the meeting within three days of the meeting and must be made under oath within three days before a Justice of the Peace, and the appellant shall forward it to the Stipendiary Magistrate of the judicial district within which the school district affected is situated together with the sum of twenty-five dollars, and the stipendiary magistrate shall thereupon investigate such appeal and shall confirm the election or vote, or set it aside with costs or otherwise and appoint the time and place of holding a new meeting if necessary.

21. If the majority of votes taken at this meeting is against the erection of a school district, the chairman shall notify the LieutenantGovernor.

FIRST ELECTION OF TRUSTEES.

22. So soon as the majority of the electors at this first school meeting have decided in favor of the erection of the school district the elector present shall, by a majority of votes, elect from the resident electors in the school district, three trustees.

23. The qualification of persons who may be elected as trustees, shall be the same as required in the case of voters, with the addition that the candidate must be possessed of real or personal property to the amount of five hundred dollars, and in case other than the first election, has no contract either direct or indirect, with the school district.

24. Every elector shall be entitled to cast as many votes as there are trustees to be elected, but in no case shall any one elector cast more than one vote for any one candidate at the same election.

25. Within seven but not before the expiration of three days after the date of their elections, the chairman of the meeting and the trus tees elect shall appear before a justice of the peace and the chairman shall make an affidavit before such justice that the trustees elect were elected by a majority of the electors at the school district meeting mentioned in section 22.