BYELAWS. FORM OF NOTICE OF DEPOSIT OF BYELAWS.1 School board for2 (or) School Attendance Committee for2 Notice is hereby given, in reference to (each of) the above district(s), that 1. The above school (board or attendance committee) have (subject to the approval of the Education Department) made certain byelaws in pursuance of the powers given to the school (board or attendance committee) by sec. 74 of the Elementary Education Act, 1870, as amended by the Elementary Education Act, 1876. 2. A printed copy of the proposed byelaws will continue deposited, for inspection by any ratepayer, at the office of the school (board or attendance committee), for one month from the date of the publication of this notice. 3. At the expiration of the said month the said proposed byelaws will be submitted to the Education Department for approval. 4. The school (board or attendance committee) will supply a printed copy of the said byelaws gratis to any ratepayer. Clerk. This notice of deposit should not be given until the draft byelaws have been approved by the Education Department. 2 Insert the name of the district to which the byelaws relate. If the notice is to refer to the byelaws of more than one district, the names of the several districts should be inserted in alphabetical order. BYELAWS. FORM OF DECLARATION OF DEPOSIT OF BYELAWS. School Board for1 (or) School Attendance Committee for1 Declaration of Deposit of Byelaws. (Sec. 74 of the Elementary Education Act, 1870, as amended by the Elementary Education Act, 1876.) I hereby declare that the following statements are correct, to the best of my knowledge and belief. 1. A printed copy of (each of) the document(s) attached hereto and marked 2 being the proposed byelaws for the above district(s), continued deposited for inspection by any ratepayer at the office of the school (board or attendance committee), for one month from the3 day of 18 2. Copies of the notice attached hereto, and marked B, were duly published by advertisement in a newspaper circulating in (each of) the above district(s). 3. Printed copies of the aforesaid document were supplied gratis to any ratepayer. Clerk. Date. Insert here the name of the district to which the byelaws relate. If the declaration is to refer to the deposit of the byelaws for more than one district, the names of the several districts should be inserted in alphabetical order. 2 Insert here the several official numbers which appear on the provisionally approved draft byelaws for the several districts. 9 Date of newspaper in which notice appears. REGULATIONS AS TO PASSING RESOLUTIONS FOR APPLICATION FOR SCHOOL BOARDS. The Education Act of 1876, by sec. 22 (see p. 58), provides that the requisition of a parish to a School Attendance Committee with regard to byelaws shall be made by a resolution passed by the same persons, and in the same manner, and subject to the same regulations of the Education Department, as a resolution for an application for a School Board. The regulations of the Education Department with regard to passing resolutions for applications for School Boards, as altered for byelaw resolutions in June, 1877, are as follows: AT THE COUNCIL CHAMBER, WHITEHALL, THE 3RD DAY OF OCTOBER, 1873, BY THE LORDS OF THE COMMITTEE OF THE PRIVY COUNCIL ON EDUCATION. 1. Their Lordships read and approved the following:General Regulations as to passing Resolutions "for Application for School Boards" in Parishes not situate within Municipal Boroughs or within the Metropolis. WHEREAS, by the 12th section of the Elementary Education Act, 1870, application may be made to the Education Department, in certain cases, for leave to form a School Board; And whereas such application must be made by a resolution passed in accordance with the provisions of the second part of the second schedule to the said Act; And whereas the passing of such resolution must be in accordance with such regulations as the Education Department may by order prescribe. Now, therefore, the Lords of the Committee of Council on Education, by virtue and in exercise of the powers in them vested under the Elementary Education Acts, 1870 and 1878, and of every other power enabling them in this behalf, do order, and it is hereby ordered as follows: The following regulations as to passing any such resolution as aforesaid shall be observed in any parish not situate within a municipal borough, or within the metropolis : 1. Upon requisition in writing, signed by fifty ratepayers entitled to vote in pursuance of the Elementary Education Act, 1873, or by one-third of the persons who are ratepayers of any parish, and so entitled to vote, the summoning officer shall, within fourteen clear days after receiving such requisition, convene a meeting of such ratepayers as aforesaid, for the purpose of considering such resolution as hereinafter mentioned.1 1 With regard to the persons entitled to vote as ratepayers, the 36 & 37 Vict., c. 86, schedule 11, rule 1 (c) provides as follows: "In a parish which is not situate in the City of London or in a borough, other than the borough of Oxford, the book containing the last rate made for such parish more than one month previously to any date shall be the register of the ratepayers entitled to vote in such parish at that date; and every ratepayer whose name appears in such rate-book shall be entitled to vote, unless he is disqualified for voting, and no person shall be entitled to vote whose name does not so appear." The rate which is contemplated by this provision is no doubt the rate for the relief of the poor, but it is not so stated. The Poor Rate Assessment and Collection Act, 1869 (32 & 33 Vict., c. 41), by sec. 17, provides, that "a poor rate shall be deemed to be made when it is allowed by the justices, and if the justices sever in their allowance" (or, in other words, when it is not signed on the same day by all the justices by whom it is allowed), "then on the day of the last allowance." The rate-book, as the register of ratepayers, is intended to be conclusive on the returning officer, subject to the legal disqualifications for voting. These disqualifications are those which arise from statutory prohibition, as in the case of a person who has been convicted of corrupt practices at the election of a member of a School Board (33 & 34 Vict., c. 75, s. 91), and a person who is in the receipt of parochial relief (39 & 40 Vict., c. 61), or by common law, as in the case of married women. By the Acts relating to voting at vestry meetings, a person, though assessed to the poor rate, is not entitled to vote at a vestry unless he has paid any poor rate which has become due more than three calendar months immediately preceding the vestry meeting-the payment of the rate by an owner under the Poor Rate Assessment and Collection Act, 1869, being deemed a personal payment by the occupier. In School Board elections, however, a ratepayer whose name appears on The summoning officer shall be the clerk of the union of which any parish forms part, or the person for the time being discharging the duties of such clerk. 2. Seven clear days, at least, before the day of the meeting, the summoning officer shall publish a notice,1 stating that a requisition has been received by him, requiring him to call a meeting of the ratepayers for the purpose of passing a resolution [that it is expedient that a School Board should be the rate-book which forms the register will be entitled to vote, notwithstanding the non-payment of any rate. Much difference of opinion has existed as to whether, when the owner of a hereditament is rated, and actually pays the rate instead of the occupier, the owner as well as the occupier, or the occupier alone, is entitled to the qualifications and franchises in respect of the rating and payment of rates. It appears, however, from a circular letter of the Education Department, dated the 14th of November, 1870, addressed to the deputy returning officers for the divisions of the metropolis, as to the persons who were to be deemed to be "ratepayers" in the election of the School Board for London, that the Education Department considered that the owners of tenements who were rated under an order of vestry under sec. 4 of the Poor Rate Assessment and Collection Act, as well as the occupiers of the tenements, were entitled to vote in the election. But the subsequent provision in the second schedule of the 36 & 37 Vict., c. 86, renders it necessary in order to entitle either the owner or the occupier to vote that his name should appear in the rate-book which forms the register. The rate-book distinguishes the owners who are thus rated, as it is in these cases only that the column of the rate-book headed, " Amount of rate assessed upon and payable by the owner instead of the occupier, by virtue of the statute or statutes in that behalf," will be filled up. In the cases where owners have voluntarily agreed to pay the rates instead of the occupiers, and are not rated under an order of vestry, the occupiers and not the owners are assessed, and it would seem to follow that the occupiers alone can be regarded as "ratepayers." See also Owen's School Board Election Manual. Knight & Co., Fleet Street, London. When the requisition purports to be signed by one-third of the ratepayers, great care should be exercised that the signatures of at least that proportion of the full number of ratepayers of the parish or township is obtained, as otherwise serious questions may be raised as to the validity of the subsequent proceedings. When it purports to be signed by fifty ratepayers, it will be desirable that the signatures of a larger number should be obtained, in order to cover any possible defects of qualification. The Education Department state that the word "convene" is to be read as meaning "issue the summons for." As to publication of notices, see art. 19. |