On of remunerated out of the funds of such district or otherwise as the Lieutenant Governor in Council may decide. (4) Upon the appointment of any such commissioner the appointment board of school trustees of any school district for which he is commissioner appointed shall cease to hold office as such. No. 2 of 1896, s. to hold office 10; No. 5 of 1897, ss. 1, 2. trustees cease SCHOOL DISTRICTS. Name of district Number Area Population Nonresidents may obtain school privileges Special cases other boundaries permitted Consent necessary Committee for erection of districts Petition Contents 11. Every school district created under this Ordinance shall be entitled " School District No. North-West Territories." of the (2) School districts shall be numbered consecutively in the order of their erection. No. 2 of 1896, s. 11. 12. A school district shall comprise an area of not more than twenty-five square miles nor more than five miles in breadth or length, exclusive of road allowances, and shall contain not less than four resident ratepayers and twelve children between the ages of five and sixteen inclusive: Provided always that any person not living within a school district may apply to the trustees of any organised school district to have his or her property not already included in any other district, assessed in any such school district to secure the advantages of education for his or her children and in such case the trustees shall receive such application and place such property on the assessment roll of such district and such property shall remain on such assessment roll until a new district is established including such property: Provided that in special cases the chairman of the Council of Public Instruction may permit the boundaries of any school district to exceed five miles in breadth and length or either: Provided further that such permission shall only be given in cases where all the resident ratepayers affected by such permission have agreed in writing to the same. No. 2 of 1896, s. 12; No. 5 of 1897, s. 1. FORMATION OF SCHOOL DISTRICTS." 13. Any three ratepayers resident in any area fulfilling the requirements of section 12 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 chairman of the Council of Public Instruction for such erection. No. 2 of 1896, s. 13; No. 5 of 1897, s. 13 (2). 14. The petition may be in form A in the schedule to this Ordinance, and shall set forth: 1. The proposed name, limits, location and approximate area of the proposed school district; 2. The total population and the number of adults and children between the ages of five years and sixteen years inclusive and the number of children below the within the proposed district; age of five years resident 3. The total number of ratepayers in the district and the number of Protestant and Roman Catholic ratepayers respectively; and such petition shall be accompanied by a sketch, plan or map of the proposed district showing its boundaries, principal legal subdivisions, physical features and general location; and except in the case of town school districts, the quarter sections or river lots, if the land is surveyed, on which the children of school age reside. No. 2 of 1896, s. 14. 15. The petition must be accompanied by a solemn declara- Verification tion of a member of the committee that the members thereof of petition are bona fide resident ratepayers of the proposed school district and that the statements made in the petition are correct. No. 2 of 1896, s. 15; No. 29 of 1898, s. 2. 16. On receiving the approval of the chairman of the Coun- Notice of first cil of Public Instruction to the limits of any proposed district, school meeting a notice calling a meeting of the ratepayers shall be posted up by the petitioners in at least five widely separated places within such limits, one of which shall be the post office therein or nearest thereto, at least two weeks next preceding the date of said meeting. The notice may be in form B in the schedule to this Form Ordinance. (2) Satisfactory proof that at least five such notices have Proof of been posted up as hereinbefore provided shall be furnished by posting a solemn declaration in form C in the schedule to this Ordinance. No. 2 of 1896, s. 16; No. 5 of 1897, ss. 3, 4. FIRST SCHOOL MEETING. 17. At one o'clock in the afternoon (standard time) of the First meeting day appointed in the notice of the committee calling the first school meeting the resident ratepayers present shall organise Chairman the meeting by appointing a chairman, who shall be a resident Secretary ratepayer, and a secretary. No. 2 of 1896, s. 17. 18. Only resident ratepayers shall be entitled to vote at or Voting at take any part in a first school meeting. (2) Every resident ratepayer shall have as many votes as there are trustees to be elected but shall in no case vote more than once for one candidate at the same election. No. 2 of 1896, s. 18. first meeting 19. The chairman shall preside and put all motions to the Chairman, meeting. No. 2 of 1896, s. 19. duties vote 20. The chairman may vote on any question and in case of Chairman's an equality of votes he shall declare the motion lost. No. 2 of 1896, s. 20. 21. The chairman shall decide all questions of order sub- Questions ject to an appeal to the meeting No. 2 of 1896, s. 21. of order Poll to be held Time of poll Nominations Other questions Returning officer Record Oath of 22. A poll shall be held to decide the questions of the erection of the proposed school district and the choice of trustees respectively. (2) The poll in each case shall be opened at two o'clock in the afternoon (standard time). (3) Nominations for trustees shall be received by the chairman up to the hour of two o'clock in the afternoon (standard time). No. 2 of 1896, s. 22. 23. All other questions shall be decided by a show of hands. No. 2 of 1896, s. 23. 24. The chairman shall be the returning officer and after the time for nomination for trustees shall have elapsed shall open the poll or polls forthwith. No. 2 of 1896, s. 24. 25. The secretary shall record the votes given and the poll shall be closed at four o'clock in the afternoon (standard time). No. 2 of 1896, s. 25. 26. If required by any person present or of his own accord qualification if deemed advisable the chairman shall administer the following oath or affirmation to any person desiring to vote: Trustees, number I, A.B., do solemnly swear (or affirm) that I am a bona fide resident ratepayer of (give name of district in full); that I am of the full age of twenty-one years; that I am not an unenfranchised Indian; that I have not before voted at this election; and that I have not received any reward either directly or indirectly nor have I any hope of receiving any reward for voting at this time and place. So help me God. [Note.-In the case of an affirmation the words “So help me God" shall be omitted.] No. 2 of 1896, s. 26. ELECTION OF TRUSTEES. 27. In school districts other than town school districts there shall be three trustees each of whom after the first election Term of office shall hold office for three years and until his successor shall have been appointed. No. 2 of 1896, s. 27. Nomination of trustee Acclamation Term of office 28. Each trustee shall be nominated by a mover and seconder both of whom must be present and be resident ratepayers. No. 2 of 1896, s. 28. 29. In case the number of nominations do not exceed the number of trustees to be elected the chairman shall declare the person or persons nominated to be elected. No. 2 of 1896, s. 29. 30. The trustees elected at a first school meeting shall be First election declared to hold office as follows: 1. The candidate receiving the highest number of votes or the first one nominated if no vote has been taken shall be elected to serve until and including the thirty-first day of December of the second year following the election ; 2. The candidate receiving the second highest number of votes or second in order of nomination if no vote has been taken shall be elected to serve until and including the thirtyfirst day of December of the year following the election; 3. The candidate receiving the third highest number of votes or the third in order of nomination if no vote has been taken shall be elected to serve until and including the thirtyfirst day of December following the election: Provided always that when the election takes place between Proviso the thirtieth day of June and the thirty-first day of December when electio following in any year the third trustee shall continue in office of year until and including the thirty-first day of December of the year following the election; the second trustee shall continue in office until and including the thirty-first day of December of the second year following the election; and the first trustee shall continue in office until and including the thirty-first day of December of the third year following the election. No. 2 of 1896, s. 30. 31. The persons qualified to be elected trustees shall be Qualification actual resident ratepayers within the district, able to read and of trustees write and not disqualified under this Ordinance. No. 2 of 1896, s. 31. 32. No trustee shall hold the office of teacher within the dis- Teacher trict in which he is a trustee. No. 2 of 1896, s. 32. disqualified declaration 33. Every trustee shall within eight days after his election Trustees" make the following declaration before the chairman of the of office! meeting at which he was elected or a justice of the peace (which declaration such chairman or a justice of the peace is hereby authorised to receive and take): I, A.B., do hereby accept the office of trustee to which I have. been elected in (name of school district in full) and I will to the best of my ability honestly and faithfully discharge the duties devolving on me as such trustee during the term for which I have been elected in accordance with law. (2) The chairman or justice of the peace shall thereupon Certificate grant him a certificate in the following form: that declaration I, C.D., do hereby certify that (give name, residence and made occupation of the person mentioned), elected trustee for (give name of school district) has this day made before me the declaration of office as prescribed by the Ordinance in that behalf. Dated (Signature) C.D., No. 2 of 1896, s. 33; No. 29 of 1898, s. 3. 34. The chairman of the first school meeting shall within Chairman ten days after the date of the meeting send to the department' to department copy minutes and declaration as to trustees Controverted elections of trustees of public instruction a certified copy of the minutes of the meeting and a solemn declaration stating the names and addresses of the trustees elected if any and that they have fulfilled the requirements of the next preceding section. No. 2 of 1896, s. 34; No. 5 of 1897, s. 13; No. 29 of 1898, s. 4. 35. In case the validity of the election of a school trustee is contested the same may be tried by a judge of the Supreme Court in chambers and any ratepayer of the district may be the relator for the purpose. The judge shall in such case have the like powers as in case of contested elections of councillors under The Municipal Ordinance and the proceedings and rules which obtain in such cases shall mutatis mutandis be followed and observed in contested elections of school trustees. No. 29 of 1898, s. 32. Separate schools SEPARATE SCHOOLS. 36. The minority of the ratepayers in any organised public school district, whether Protestant or Roman Catholic, may Assessments establish a separate school therein and in such case the ratepayers establishing such Protestant or Roman Catholic separate schcols, shall be liable only to assessments of such rates as they impose upon themselves in respect thereof. No. 2 of 1896, s. 45. Petition for erection Form and contents Verification of petition Voters on petition Qualification 37. The petition for the erection of a separate school district shall be signed by three resident ratepayers of the religious faith indicated in the name of the proposed district. The petition may be in form D in the schedule to this Ordinance and shall set forth- (a) The religious faith of the petitioners; (b) The proposed name (stating whether Protestant or Roman Catholic) of the district; (c) Its proposed limits, definite location and approximate area; (d) The total number of ratepayers and of children between the ages of five years and sixteen years inclusive, of the religious faith (Protestant or Roman Catholic) of the petitioners, residing within the limits of the proposed district; (e) The total assessed value of their real and personal property according to the last revised assessment roll of the district; and such petition shall be accompanied by a solemn declaration of one of the petitioners verifying the facts set forth in their petition. No. 2 of 1896, s. 46. 38. The persons qualified to vote for or against a petition for the erection of a separate school district shall be the ratepayers resident therein being of the same religious faith (Protestant or Roman Catholic) as the petitioners. No. 2 of 1896, S. 47. |