THE EDUCATION ACT.

New Zealand Herald, Volume XXVIII, Issue 8538, 11 April 1891, Page 5

THE EDUCATION ACT.

WHAT IS A HOUSEHOLDER? [HV. TKLKORAPR.—PRESS ASSOCIATION.] Wellington, Friday. The Education Department having declined to give an official interpretation of the term "Householder" as used in the Education Act, the Education Board submitted the following question to Messrs. Brandon, Hislop, and Brandon, the Board's solicitors, for their opinion: —l. Is the parent, or guardian, or other person who lias the custody of any child attending any State school within a district in which he is now resident, a householder within the definition of that term for the purpose of the Act, or is he or she entitled to a vote or eligible for election on the school committee of such district? 2. Is a person who resides within any school district who is not tho parent or guardian, or has not the actual custody of any child attendingaState school within such district, entitled to vote or eligible for election on the school committee for such district? 3. Is a person who rents a house, and who in consequence of his work being out of the district, occupies the house at intervals as from Saturday to Monday, a householder (the house being shut up for the rest of the week) eligible to vote or bo a candidate at tho election of school committees? The opinion of Messrs. Brandon, Hislop, and Brandon is as follows : — "Section 58 of the principal Act provides that ' in every school district constituted under this Act there shall bo a school committee, consisting of seven householders resident within the school district to be elected as hereinafter provided.' This qualification of a householder, namely, residence within tho school district, has not been affected by the School Committees Election Act, 1890, and consequently no person resident outside a school district is eligible as a committee man. lb is clear that no owner, lessee, or tenant of a dwellinghouse outside a school district is eligible as an elector in respect of that qualification only. In the case of a person not being the owner, lessee, or tenant of a dwellinghouse, bub being the parent, or guardian, or person having the actual custody of any child attending any State school situated within such district the case is nob quite so clear. If tho person and the child are both resident within the school district, he is undoubtedly qualified both to vote and .to be elected ; if a resident without the district his right to vote will depend on the question whether, the child in respect of whom ho claims a qualification has a legal right to attend the school. If the child is resident in the school district, the parent, guardian, or other person having the custody of such child, is qualified, whether residing in the school district or not but, if the child lives out of the school district, we are of opinion that the parent, or guardian, or other person as aforesaid, is not qualified to vote. Section 89 of tho principal Act prescribes the school at which children are to attend—viz., a public school in the school district in which such child resides, provided that there is a public school within two miles of the child's residence, measured by the nearest road. Wo arc confirmed in these views by what is the clear intention of the Act (see sections 58, GO, 63, etc.)— namely, that the management of schools should be local, and that a school district should bo so constituted as to supply the wants of the locality comprised in it. As regards the third question, we have no doubt that the temporary absence during the week does not deprive the person of his right to vote as a householder for the school district within which his permanent dwellinghouse is situated."