Education Act 1878 (SA)

ANNO QUADRAGESIMO PRIM0 ET QUADRAGESIMO

SECUNDO.

A.D. 1878.

No. 122.

An Act to Ame~td the Edtccatio?a Act, 1875.

[Assented to, 30th November, l8'i'b.l

TIEREAS it is desirable to amend "Thc Education Act, 18'75 "- Preanrble.

TV Be it therefore Enacted by thc Governor of the Province of

South Australia, with the advice and consent of the Legislative

Council and Housc of ,4ssembly of the said province, icr this present

Parliament assembled, as follows:

1. The Council of Eclucation is here11 y dissolved, and a11 duties council of ation ion abolished, and Min-

or obligations which by ': The Education Act, 1875," or the "Educa- ister controlling E ~ U -

tion Act Amendment Act, l 8 77," are irnposed upon t l c Couocil, ; ~ ~; ;, " p r ~; ~ ~ ~ ~; - ~

122-A

said Act8 are conferred upon, or may be exercised by, the Council,

shall hereafter be performed, had, and exercised by such Member of

the Executive Council as for the time being shall have contrnl over the

and all powers, rights, privileges, and authorities which by the st i t~~ted. and his successors, shall be for the purposes of the said Acts, and of this Act, a body politic and corporate under the name or title of the Minister controlling Education," and shdl and may by that name or title sue and be sued, .plead and be impleaded, in all courts, whether of law or equity, and before all justices, and shall have perpetual succession and a common seal; and all lands, heredit&-

rnents, whether corporeal or incorporeal, moneys, chattels, goods, and choses in action respectively, vested in, or belonging to the

Council for the purposes of the said Acts, shall hereafter, according to the quality thereof, vest in or belong to the " Minister controlling Education " in his corporate capacity, and his successors, in trust, for the purposes of the said Acts,

2, In

4 1' &; 420 TICTORIB, No. 122.

hterp~ta.tim of

'"school" in sections	2. In the construction of, and for the purposes of, sections '20 and 21 of 'The Education Act, 1876," the word	school" shall mean
80 and 21 of the

EdudonA41876-	any public s c h d established under the authority af the said Act, or
any echool which may hereafter be found '"ffiicient," as herein-
after provided.

a~ho~le,	how to	3, The proprietor, head master, or principal teacher of any school, not being s public school established under the authoiity of the Education Act, 1875, may apply to the Minister controlling the Education Department to have such school found " efficient" for "the purposes of sections 20 and 21 of the said Act. And upon such application being made, the said Minister shdl cause such school to be inspected by some inspector of schools; and if on inspection such school shall be found to be efficient as to discipline and means of imparting instruction, the mid Minister shall cause such school to be included in a list of schools that have been inspected and found efficient for the purposes of sections 20 and 21 of the said Act, and the said Minister shall cause a copy of such list, with the names of the proprietors, head masters, or principal teachers of such school, to be published from time to time at intervals of not morc than twelve months in the Government Gazette : And the said Minister may, from time to time, cause any school so found to be '* efficient" to be inspected by an inspector of schools, and may remove from the list aforesaid any school that shall at any time bc found on inspec- tion not to be efficient as to discipli~e and means of imparting in- struction; and any school so removed from the list doresaid shall thereupon cease to be "efficient " for the purposes of sections 20 and 21 af The Education Act, 1875'' : Provided that the said Minister may, if he be satisfied that any school is efficient as to discipline and means of imparting instruction, certify that such school is efficient without inspection; and upon any school being so certified, notice thereof shall bbc published in the Goverment
"
Gazette.

A m e n ~ n t @ f h t i o n	4, The words " seventy	days in each half-year,"	in the 20th
'10 of Education Act.

section of tbe said Act, are hereby repealed, and there shall be substituted in lieu thereof the words following-" 'Shirty-five school .days in each quarter of a year."

'Censue of school di8- 5.

The said Minister, from time to time, may cause an educational census to be taken of any echool district constituted under the authority of the Education Act, 1876, and upon notice of euch census appearirig in the Government Gax~tte, the said Minitter shall appoint some person to call at every house within such

tr icta may be taken.

lschopl district, and every householder shall thereupon give such in-

formation to such person aa may enable him to fill up the form of return in the First Schedule hereto; or, if from any cause such information be not then given, such person may thereupon leave at the house of any householder neglecting to give such. infor- mation a mpy -of such farm of return, and after the expiration of seven d a p call for the same; ~ n d every householder at whose

.. house

41" St 42' VICTORIE, No. 12'2.

--

E'dwcatzon Amendment	A e t. 1 8 7 8.
-L p--

house such form of return has been left shall, within seven days, fill up the same, or cause it to be filled up, and return it when called for; and,whenever and as often as any householder shall neglect to fill up such form of return, or cause the same to be filled up, and to return the same when called for, or wilfully fill the same up with an untrue statement, or give false information to such person aforesaid, he shall, on conviction, before a justice of the peace, forfeit and pay a sum not exceeding Five Pounds, and in default of the payment thereof he shall be liable to a term of imprisonment not exceeding one month.

6. The proprietor, head master, or principal teacher of every Proprietors, &a., ai achools to furnieh

school not being a public school established under The Education ,tatistics,

Act, 1875," or a school exclusively for the purpose of religious education, shall, within twenty-one days after the first day of January in each year, furnish to the said Minister a return, in the form in the Second Schedule hereto, showing the name in full,

scx, age, and residence of every child between the ages of seven

and thirteen years who had attended his or her school during each

respective quarter of the preceding year, and also showing the number of days during each such quarter on which every such child shall have attended such school; and whenever and as often as any such proprietor, head master, or principal teacher shall neglect or-refuse to furnish such return, or knowingly make a false statement therein, he shall, on conviction, before a justice of the peace, forfeit and pay a sum not exceeding Five Pounds.

7. The Minister mav contract or covenant res~ectivelv with the Mirkster may L .' contract with lesseea

lessee under any existing lease, or any lease to be hereafter made ,do, ,=iStbg or

under thc authority of the " Xcllucation Act, 1875," or the " Education future leaseeforthe payment for improve-

Act Amendment Act, 1877," for the payment by the said Minister, on ments. the expiration of any such lease, for such permanent and substantial improvements as being prescribed by and subject to regulations hereafter to be framed in that behalf may be made by any such lessee on thc lands thereby demised or let.

8. Notwithstanding anything contained in the 24th section of the Income derived from

Education Act, 1875, the annual income derivable from the lands paid into Treasury. endowed lands to be

granted for endowment under thc provisions of such section shall be applied by the Treasurer towards the erection of schoolhouses, payment of salaries, and other expenditure in carrying out the provisions of the said Act, but so that no such moneys shall be expended without the sanction of Parliament,

9. Except in so far as the same are hereby altered, this Act, the Incorporation.

said " The Education Act, 1875," and the " Education Act Amend- rnerlt Act, 1877," shall be inco;l.porilted and read together as one Act.

10. This Act may be for all purposes cited as " The Edncation shorttiti~.

Amendment Act, 1878."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

4 41a & 4 2 O VICTORIB, No, 122.

Edwation Amendment Act.-1 878.

-W---- -.. ,

SCHEDULES REFERRED TO.

FIRST SCHEDULE.

SOUTH A u s r ~ ~ ~ ~ ~. - E d u c a t i o n Amendment Act, 18'18.

Betw~l of Children 6etwcen the ngea qf 8evs.n and Thin:een Years.

- -

Where under instruction - showing

No. Name of each child in full. Sex. Age. whether at home, or at private or

public school.

-

, certify the above to be a

tme return concerning all children between the ages of seven and thirteen years now

residing in this dwelling-house.

Dated the day of 16 .

Witness [v a marksman].

TO , residing at

TAKE No~rcs, that this return will be called for on or after tho day of

18 , and that any householder neglecting to fill it up by that da and return it when called for, or

name, is liable, on conviction, to a penalty not exceeding Fim Pounds, or in defwlt to one month's	allfully filling it up with an untrue statement, or &iig false inivdrrnation to the penon leaving the
imprisonment.

SECOND

41° & 426 VICTORIE, No. 122,

Education Amendment Act.-187 8,

Adelaide : By authority, E. SPILLER, Acting Government Printer, North-terrace.