IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.8 1.25 |||.4 III 1.6 •• 6" ► V] V). "c*l ^ >V' 1^, Photographic Sciences Corporation <^:^"<> XVI II. Power and authority of a Public School Inspector in a School 222 XIX. cen decided by the Court of Chancery as follows : Held, that the election of school trustees, .is well for the public as the Roman Catholic separate schools, must be held by the same returning officers, and at the same time and place as t'.ic municipal councillors are chosen. (2) That in election matters, separate schools have the same right of appeal to a county judge as public schools have. < j' That under the British North America Act, local legislators may legislate in regard to separate schools, provided that the legislation is not such a.s prejudically affects the rights or privi- leges theretofore possessed by such schools. (4) That a court of equity has jurisdiction to order persons wrongfully claiming to be school trustees, to delivrr up the corpor-le seal and papers to the legal trustees. 25 C C. 570. Analytical Index ., 249 LIST OF ONE Hl'NDKED AND EUUITY CASES AKKEKn MY THE srl'KUIOH OorUT.S OK ONTARH* SIXCK ln.'.t). PAC.K. Allan V. Fislier, 13 C. P. 63 164, 165 Allen V. Toronto, 6 C. P. 334 164 Anderson v. Vansittart, 5 (^. H. 335 69 Anderson v. Cotton, 2 P. R. 109 192 Anglin v. Minis, 18 C. P. 170 36, 165 Applegartl) v. ( iraham, 7 C. P. 1 7 1 35 Askew V. Mannin^j, 38 (). B. 345 144 Harclay v. Darlinj,'ton, 5 C. P. 432 164 Bell, Doe dem. v. Orr, 5 O. S. 433 164 Bell V. Miller, 9 Grant, 385 I94 Benson v. Love, I Q. B. 398 193 Bentley v. West, 4 Q. B. 98 I93 Berlin v. Grange, 5 C. P. 211 and 1 A. & E. 279 36, 164 Black V. Harrington, 12 Grant. 1 75 174 Board of Education, /// /■/•, and Perth, 39 Q- B. 34 208 Bond V. Bond, 15 C. P. 613 193 Boyd V. School Trustees, Bobcaygeon, 43 Q. B. 35 viii Boyle V. Humphrey, i P. k. 187 I9» Brown v. Styles, 2 C. P. 346 162 Bull V. Bull, 6 Q. B. 357 191 Burr V. Gamble, 4 Grant, 626 19' Campbell v. Boulton, i Q. B. 407 191 Campbell v. Elliot, 3 Q. B. 16/ 69 Carleton v. Ottawa, 25 C. P. 1 37 . . * 196 Carmichael v. Slater, 9 C. V. 423 164 Carroll v. Ball, 3 U. C. I,. J. 12 190 Chamberlain, /« r<', and Stormont et al., 42 Q. B. 279 208 Charles v. Hickson, T. T. 3 and 4 Vic 191 Chief Superintendent, /// n- Kelly v. Hedges, 12 (^. B. 531 21 Chief Sui)erintendent, /« re Trustees v. Storm, 14 Q. B. 541 30 Chief Superintendent, //i re McLean v. Farrell, 21 (^. B. 441 34, 165 Chief Jiuperintendent, /« re Hogg v. Rogers, 15 C. P. 417 34 Chief Superintendent, /it re Stark v. Montague, 14 Q. B. 473 35, 69 Chief Superintendent, /« rf Trustees v. McRae, 12 Q, B. 525 39, 138, 142 Chief Superintendent, /« re Chapman v. Thrasher, 20 C. P. 259 39 Clancey v. Clancey, 5 P. R. 108 I94 Coghlan v. School Trustees, 35 Q. B. 575 195 I,I8T OP CAHKH. Coleman v. Kerr, 27 <^). H. 5 36, 164, 165, 174 ( '(liter V. I)arliii(;t()n, 1 1 C. I'. 265 141 •.(irliett V. Johnson, II C. I". 317 165, 167 Crui},' V. Knnkin, 10 ( . I'. 186 35 t'roft V. I'etcrhoro', 5 C P. 141 164 Davis V. Uirdsall, 2 (J. H. 199 . .„ 191 l>e Hlni|uiLTe v. Hcckir, 8 C. IV 167 164 l)c la liayc v. Toronto Gor<.', 2 ('. 1*. 317 162 Dc la Hayc v. 'I'oronto tlore, 3 (J. I*. 23 163 Denison v. Henry, 17 Q. U. 276 35. 166 I )onerty v. Toronto, 25 (^). U. 409 163 Diinlop V. Douro, 18 (^. H. 227 162 KIwo(k1 v. Mifldiesex, 19 . B. 1 19 14; (liUies V. Wood, 13 Q- B. 357 35, 39 (jlen V. Grand Trunk Railway, 2 P. Rep. 377 55, 190 Grantham v. Toronto, 2 (^. B. 475 36 ( jreat Western Railway v. Rogers, 16 Q. B. 500 164 Great Western Railway v. Rogeiv, 29 t^. B. 245 165 (Jreat Western Railway v. Rouse, 15 (^. B. 168 163 Griftiths v. Grantham, 6 C. P. 274 13S Grisdale v. Boulton, i Q. B. 407 191 Ilaacke v. Markham, 17 Q. B. 563 141 I laacke v. Marr, 8 C. P. 441 160 Hall V. Wilson, 7 C. P. 272 194 Halpin v. Calder, 26 C. P. 501 144 Ilamilton v. Wilson, 4 O. S. 16 191 Harling v. Mayville, 21 C. P. 499 166 Hart V. Vespra, 16 Q. B. 32 142 Haynes v. Copeland, 18 C. P. 150 164 Helps V. Roblin, 6 C. P. 52 192 Hickman v. Lawson, 8 Grant, 386 191 Hill V. Tecumseth, 6 C. P. 207 140 Ho9 JiMies V. Keid, I I'. |{. 247 I'>2 Junes V. Ilewsoii, 2 I,. |. N. S. 107 lyjj Kfcp V. llanr.nond, 9 l. J. 137 193 Ki-inp V. I lendcison, 10 ( iraiil, 54 193 Kennedy v. limiicss, 15 ••»• 43.^ "43 .NFcHiide v. ( lardliani, 8 C. P. 296 36, i<)5 McDonald v. McDonald, 7 L. J. 297 192 McDonald, Doo dc^n. v. I.onj;, 4 <^>. M. 146 193 McKllicron v. Mcn/.ies, 7 l'. (_'. I.. |. 2^4 1O5 Mcl'ce V. Dunbar, 10 C. 1'. 94 140 Mc(;illis, Doc dem. v. McDonald, i (J. 15. 432 i(>4 Mcdregor v. I'ratt, 6 (_'. 1'. 173 142 McCrcKor v. Whitt, i (J. H. 15 166 Mclntyre v. Mclk-an, 13 i^. U. 534 70 Mclntyie v. Klderslic, 27 C. T. 58 140 McMillan v. Rankin, 19 <>. H. 356 34 McMullen v. Tayley, 2 . H. 511 17! School Trustees v. O)llinjjwoo, 30 O. B. 531 36, 163 Stewart v. Sandwich E., 8, 23 <^. B. 634 244 Storms V. Krnestown, 39 Q. B. 353 162 Taber v. Scarboroui^h, 20 Q. B. 549 160 Taylor v. West Williams, 30 (^. B. 337 145 Thirkall v. Strachan, 4 Q. B. 136 192 Tiernan v. Nepean, ! 5 (^. B. 87 35 Toronto v. McBride, 29 (1. B. 13 85 Toronto v. Clreat Western Railway, 25 Q. B. 570 164 Vanburcn v. Bull, 19 O. B. 633 15, 192, 193 Vance v. King, 21 Q. B. 187 55. 58, 60, 190 Webster v. Black, 6 O. S. 105 194 White V. Collingwood, 13 Q. B. 134 161 Williams v. Trustees, 7 C. P. 559 58 Williams v. Roblin, 2 P. R. 234 191 Williams v. Squair, 10 Q. B. 24 192 WiUson V. Elgin, 13 Q. B. 218 163 tioTF..—lfelJ, in Boyd\. School Trustees, Bobcaygeon, that the Union School Section existed in fact on the and March, 1877, when the 40 Vic. c. 16, s. 11, cl._ 4, O. [now Rev. Sch. Act, C> 204, s. 134), was passed ; that its existence was not altered by 'he incorporation of the village ; that under that statute, though illegally formed, it must be decreed to have been legally formed, and that the rate therefore was legal. 43 Q. B. 35. FART II. PUBLIC SCHOOL LAW. CHAPTER I. RELATING TO MUNICIPAL COUNCILS Section 1.— Municipal Law the Basis of the School Law. The Municipal Law of the Province forma the luuis on whi'*' tha Hohool syHtem rests The princii)le of that law is, that every iiUabi- tant of the country fonrs |)art of souie local corporation, anJ that by means of officials wliich he and his fellow cor[)orator8 elect for that purpose, he i)"t« and s^ieaks through that corporation — be it a muni- cipal or schnul corjionition — in all matters relating to l«)oal atfairs and the general intei-est of the schools, etc. a. -How the School Law classifies Municipal Corporations. For the pur|)ose8 of the School Acts, the five kinds of municipal corporations in Ontario are divided into the three following classes : — I. County councils. II. Township councils. III. City, town, and incorporated village councils. The functions, under the school law, of each of these three classes of councils, will be discussed separately. 3.— Powers and Duties of County Councils under the School Law. Under the Public School Law the {)ower8 and duties of county councils are limited to the following matters : — 1. The raising of the local equivalent to the legislative grant for public and high schools, and the aiding of new and needy sections. See sections 4 and 6 of this chapter. 2. Ilie appointment of school treasurer and auditors of county, township, high and public school accounts. See section 1 3 of this chapter. 3. The appointment of public school inspectors, and their remoral under certain restrictions. See section 16 of this chapter. 8 11 112 COUNTY COUNCILS. [Chap. I. 4. The appointment of county boards for the examination of public school teachers. See section 1 7 of this chapter. 5. 'Hie supervision (u[K)n api>eal) through special committees, of any by-laws or resolutions of any township council affecting school section boundaries within such township. See section 20 of this chapter. No IE. — This sui>ervision does not extend to by-laws p.issed by township coun- cils relating to union school sections, nor to the refusal of the township council to form or alter them, as in the case of ordinary rural school sections. 6. The establishment and maintenance of county public school libraries! See section 15 of this chapter. 7. The granting aid to county model schools and teachers' associa- tions. See sections 22 and 25 of this chapter. 8. Providing for the quarterly jwyment of teachers' salaries. See section 8 of this chapter. 9. Supplementing at its discretion the {tensions of public or high school teachei-s. See section 28 of this chapter. 4.— Aid to New and Needy School Sections. The law provides that, upon the recommendation of a county in- spector, the county council may raise such additional sums as it may think proper, for tlie pur{X)se of (1) increasing the county school fund, and (2) giving " special or additional aid to new or needy school sections." (Rev. Sch. Act, s. 89, cl. 6.) NoTK. — Township councils are also authorized to aid poor schools, (Rev. Sch. Act, s. 94.) The conditions on which these schools are further aided by the Education l)epartment, can be ascertained on application to it. 6.— County Councils to raise Equivalent to School Grant. Each county council is required to levy yearly upon the ratable projierty in the several townships of county, such sums of money as shall be at least equal (clear of all charges of collection) to the amount of school money apportioned by the Minister of Etlucation to the several townships thereof for the year. (Kev. Sch. Act, s. 87.) 6.— County Equivalent to be paid to Teachers. The law expressly restricts the expenditure of the county equiva- lents to one object, namely, " the payment of the salaries of legally qualified public and high school teachers, assistants and monitoi-s," and to no other purpose. (Rev. Sch. Act, s. 87.) Note. — So carefully has the law guarded the application of this money, that sections 213 and 214 of the Revised School Act declare that " the legislative school grant, together with at least an equal sum raised annually by local assess- ment, shall constitute and be called the public school fund of such county, town- TV Chap I.l COUNTY COUNCILS. 113 ship, city, town or villajje;" and "no part of the salaries of the inspectors, nor of any other persons (except teachers employed), or of any expenses incurred in the execution of this Act, shall be paid out of the said public school fund, 'out such fund shall wholly, and without diminution, be expended in the payment of teachers' salaries." (Rev. Sch. Act, s. 214. See section il of this chapter. ) 7.— Time when County Equivalent shall be available. The law requires that the county council shall " make the necen- aary provisions for enabling the county treasurer to pay, not later than the fourteenth day of December in every year, the public school inspector's order in favour of a teacher, assistant or monitor." (Rev. Sch. Act, s. 87, cl. 10; s. 89, cl. 1.) Note. — The inspector's check on the county treasurer, or the township sub- treasurer, must be based upon the trustees' lawful order. — See Chapter on In- spectors. 8.— Quarterly Payment of ' aaohers' Salaries. The 89th s-ection of the Revised School Act authorizes the county council to borrow money from a bank (in case the county funds are insufficient) before the taxes are collected, so as to provide for the payment of teachers' salaries quarterly. This is not compulsory. Note. — A promissory note may be given by the trustees for the loan, under seal of the corporation. 0.— Payment to Teachers to be made by 14th December. The law declares that notwithstanding the non-payment to the •county treasurer by the 14th December of the school assessment levied in the county, no teacher shall be refused the payment by the county treasurer, or sul>-treasui'er, of the sum to which, on the in- spector's order, he may be entitled from such year's cotmty school assessment. (Rev. Sch. Act, s. 110, cl. 1 (a). See also s. 87, cl. 10.) Note. — This protection to the teacher, in regard to the prompt payment of his salary, is additional to that provided in the 164th section of the Revised School Act relating to chim for salary until paid in full, if prosecuted within three mouths after it becomes due and payable. 10. — Council to take security for School Moneys. Each county council is required " to see that sufficient security is given by all officers of the council to whom school moneys are entrtisted." (Rev. Sch. Act, s. 87, cl. 8; ss. 219-221, and 230.) Notes. — (i.) This provision relates to county treasurers, and to township sub- treasurers, who are also county officers. (Rev. Sch. Act, s. no, cl. i.) Municipal accountability for School Moneys. (2.) The Revised School Act of Ontario, enacts as follows (sec. 219) : Every county, city, and town withdrawn from the jurisdiction of the county within which it is situatf^l, shall be responsible to Her Majesty, and to all other parties interested, that all moneys coming into the hands of the treasurer of the county, 114 COUNTY COUNCILS. [Chap, I. city or town, in virtue cf his office, shall be by him duly paid over and accounted) for, according to law. (Rev. Assess. Act, s. 21 1.) Treasurers to be responsible in Counties and Cities. (3.) 220. The treasurer and his sureties shall be responsible and accountable for -Treasurers for Townships. In order that every facility flhall be given for the payment of teachers in eaCh township, the law requires the county treasurer to pay over to the township treasurer the school assessment levied in his township. The county coimcil may also " appoint, if deemed expe- dient, one or more sub-treasurers M)f school moneys for one or more townships of the county" for the disbursement of the legislative school gmnt. Sub-treasurerc need not be appointed for this latter purpose, except at the discretion of the county council. (See note to section 29 of this chapter. Rev. Soh. Act, s. 89, cl. 4; see also s. UO, cl. 1, auds. 111.) Chap. I.] COUNTY COUNCILS. 115 NOTK. — The law further provides that "each sub-treasurer shall be subject to the same responsibilities and obligations in respect to the accounting for school moneys, and the payment of lawful orders for such moneys given by any county inspector (within the parts of the county for which he is apjwinted sub-treasurer), as are impobcd by this Act (s. i lo) upon every county treasurer, in respect to the paying and accounting for school moneys." (Rev. Sch. Act, s. iii. See first note to section lo of this chapter.) 13.— Appointment of Fublio &nd High School Auditors. In order that due care shall be exercised over the expenditure of public school moneys in the hands of county municipal officers, the Act provides that each " county council shall appoint annually, or oftener, auditors, who shall audit the accounts of the county trea- surer and other officers to whom public or high school moneys have been entrusted, and who shall report to such council." (Rev. Sch. Act, s. 87, cl. 7. See section 10, and next section.) 14.— Clerk to transmit School Accounts to the Minister. With a view to secure uniformity, as well as a general supervision over the various township school accounts, the Act directs that the "county clerk shall transmit to the Minister of Education, on or before the first day of March in each year, a certified copy, in the form provided, of the abstract of the report of the auditors ;" and shall also " give any explanation, as far as he is able, relating to the auditors' i-eport, which may be required by the Minister." (Rev. Sch. Act, s. 112. Note. — The law further provides that the ''county clerk shall notify the Minister of Education of the appointment and address of each county inspector and of the county treasurer;" and shall likewise "furnish the Minister with a copy of all proceedings of the council relating to school assessments and other educational matters. " — Ibid. 15.— County may establish County Library for Teachers, &c. An excellent provision of the law gives facilities for the establish- ment of a teachers' professional library, or, if desirable, a library for the ratepayers of the county. The council is therefore authorized to " raise by assessment such sums of money as it may judge expedient, for the establishment and maintenance of a county public school library." (Rev. Sch. Act, s. 89, cl. 3.) Note. — The Education Department grants one hundred per cent, en all remit- tances sent to it from the county council for the purchase of t)ooks not only for a county public school library, but also for a county teachers' association library, &c. 16.— AppointLient of County Inspectors of Public Schools. The school law authorizes each county council to appoint a public school inspector for a whole county or for a riding ; but in no case can such an officer have charge of more than one htmdred and twenty 116 COITNTV COUNCILS. [Chap. T. 'I hi < Hchools, or less than fifty, except in the case of French and German localities, in which case an inspector may have charge of forty scliouls. (Kev. Sch. Act, s. 87, cl. 2.) Note. —The qualifications of inspejtors, their salary, tenure of oiTice, and other provisions of the law afrectine the connty inspector, who shall be paid for their services and exjicuses. (Rev. Sch. Act, s. 87, cl. 4 ; s. 196.) Note. — For ((ualifications of county examiners and other provisions of the law relatiufj to the examination of public .school teachers, see chapter on County Hoards of Examiners. 18.— Accommodation for holding Teachers' Examinations. The connty council is recpiired, ui)on the application of the puVjlic school inspector, to provide a suitable place for holdinj^ the examina- tion ofteachei-s in the county or riding. (Rev. Sch. Act, s. 87, cl. 6.) Note. — " Where there are two inspectors in the county, the county council may authorize and direct a separate examination to be held in each division of the county." (Rev. Sch. Act, s. 198, cl. 2.) 19.— Appeals to Councils in regard to School Sections. When appeals are made to the county council against the by-laws or resolutions of a township cotincil, relating to the forujution or alteration of the l)oundaries of school sections within such township, the county council is required to appoint a coinuiittee of thnK' or tive persons to investigate and settle the complaint. (R(^v. Sch. Act, s. 88.) There is no app'al in the case of union sections. Note. — Two classes of a])])eals can be made to the county council against any pajt or present by-law or resolution of a townshi)) council, in forming or altering the boundaries of a school section — (i) Hy a majority of the trustees of one or more school sections in any township; (2) By five ratepayers of any one or more school sections in a township; against the act of the louncil, or its refusal to act. (See note to section 7, chapter iii.) The expense mu'-! be borne by county council. 20.— County Council to appoint Committee of Investigation. In case of aj)peal against the township council, the county council is retpiired to appoint a committee of not more than five nor less than three competent persons, to investigate the matter of any appeal or complaint against any >»y-law or resolution passed at any time pre- viously by the township council for the formation, division, or altera- tion of their school section or school sections, or against the neglect or refusal of the township council (on application being made to it by Chap. I.] COUNTY COUNCILS. 117 the trustees or inspector) to form, divide, or alter the boiindiiricH of a school section or school sections within such township. ( Rev. Sch. Act. 8. 88.) Ex|)enses of committee must be borne by coimty council. Note. — Although an appeal may be made in the case of the union of two or more school sections in the same township into one section, yet no aiipeal lies in the case of the formation or alteration of a union school section, divisicm (or district) composed of parts of two or more townships, or a town or village and part of a township. 21.— Composition and Powers of the Committee. Tlie county judge and the county inspector are ex oj/ido meiul>ers of the committee. But no i)erson is competent to act on tlie com- mittee " who was or is a member of the township council which pas-sed the by-law or rasolution complained of" (s. 88, cl. '^.) The law further provides that "the alterations or determinations of [the committee] shall not take effect before th(; twenty-fifth day of December in the year in which the committee so decides." (Ilev. Sch. Act, s. 88, cl. 2.) From the decision of the committt'e there is no appeal, and its expenses must be paid by county council. Note. — l. Change to continue for five years. — The law declares that the deci- sion of the committee shall continue in full force for the period of five years at least, and until lawfully changed by the township council ; but such change shall be subject to like appeal to the county council. [Ibid. s. 88, cl. 2.) 2. Inspector to give notice of Decision. — The inspector is required to give "due notice of the alterations, or the determinations of the said matters, made by the committee, to the clerk of the township, and to the trustees of the school sections concerned." l^Ibid. s. 88, cl. 4.) 3. Effect of the Decision. — It will he seen that these portions of the law provide for two things, viz., (i) for a virtual veto power by the committee of the county council on any by-law or re-'olution passed by a township council at any time, which may relate to the boundaries of a school section or school sections, and pro- vides for the revisal or alteration in the boundaries of one or more school sections, at the pleasure of the committee. (2) It also virtually gives this coiuniittee all the powers of a township council in cases of ajipeal, so fiir as they relate to the formation or alteration of school sections, and makes the action of the committee final in the settlement of the matters com[)laiiied of, for at least five years. 4. Protection of Trustees. — Kven should a trustee corporation act under a by- law of a township council, which may be set aside or mfxlified by the county council committee, or by the township council itself, the school law affords them a quasi protection in the provision which enacts tliat trustees "shall not be liable to any prosecution, or the payment of any damai;es for acting under any by-law of a munici|)al council before it has been ([u.islied." (Kev. Sch. /\ct, s. 223.) The three hundred and twenty-eighth section of the Revised Municipal Institutions .\ct also provides, that in case a i)y-law, order, or resolution be illegal, in whole or in part, and in ca>e anything has been done under it, which, by reason of such illegality, gives any person a right of action . . . every such action shall \k brought against the corporatioi; alone, and not against any person acting under the by-law, order, or resolution. See also decision of the Courts on the protec- tion to which trustees are entitled in the discharge of their duties : Part I. of the.se Lectures, chapter ii., section 3, sub-section (6). 5. — In regard to the decisions of the Superior Courts, relating to the alteration of school section boundaries by municipal councils, see chapter vi. Iff 118 COUNTY COUNCILS. [Chap. I. 22.— Establishment of County Model Schools. The Revised Statutes, c. 203, authorize the Education Department " to arrange with trustees, or boards of public schools, for constituting one or moi-e of the public hohools to be the county model school for the preliminary training of public school teachers, subject to the general regulations of the Department." (Rev. Stat. [Ed. Dept. Act], eh. 203, s. 4, cl. 12.) Note. — The regulations of the Department in regard to county model schools can be obtained on application to it. 23.— Aid to County Model Sohools by the Councils. The Revised School Act, c. 204, authorizes the county councils " to provide for and levy in each year .... the sum of one htindred dollars at least towards each public school which may become a county model school, and which may be established by the council in the county or any electoral district, or in any city or town separated under any agreement with the school board of any such city or town." (Rev. Sch. Act, s. 89, cl. 7 (a). Note. — Under general regulations of the Department, about fifty of these schools were established in different counties of Ontario in 1877. The regulations provide that they sh.iU be placed in cities, towns or villages, as are the county towns of their respective counties, except where for educational reasons the Depart- ment may determine otherwise. This arrangement was designed for the conve- nience of all parties concerned, and to render the model schools more accessible to all parts of the county. They are county institutions, designed for the training of third-cliiss teachers for the rural schools of the county. The payment, therefore, of one hundred dollars to each model school by the county council as an equivalent to a like sum from the Education Department is just as incumbent on every county council, as any other expenditure for necessary county purposes. In fact, any council omitting to do this would be omitting a most important duty to their county. 24.— Establishment of County Teachers' Institutes. The law authorizes the Minister of Education " to appoint proper persons to conduct county teachers' institutes, and to furnish suc'j rules and instructions as he may judge advisable in regard to the proceedings of such institutes, and the best means of promoting and elevating the profession of school teaching and increasing its useful- ness." (Rev. Stat. [Ed. Dept.], c. 203, s. 5, cl. 12.) 25.— Aid to Teachers' Institutes and Associations. The same provision of the law (Rev. Stat., c. 203, s. .'), cl. 12), authori/Ais the Minister of Education to " encoiirage teachers' a.S80cia- tions." The same section of the Act quoted, clause 25 (/), authorizes the Minister of Education to apply, out of any grants annually voted by the Legislative Assembly, such sums as the Lieutenant-Governor may authorize the expenditure of . . . . for the encouragement of " teachers' institutes and associations." q«l \ COUNTY COUNCILS. 119 4i|ii)n the effiinoncy of each association with the view of its l»eiiig eiititl(5(l to rcicuive from the DHpartmeiit and county corpoi-a- tions the appropriations atithorizeil by tlie I ief(islatui"e, uiid, in the nieantinio, suclj report shall be inaplement, out of local funds, any pension s^rantcid by the Education Doi)artment to any public or higii school teacher." (Kev. Sch. Act, s. 89, cl. 2.) 29.— County Officers and their Duties. 1. Connfi/ Treasnrern are required: (1) on receipt of the township propoi-tion of tlic county school assessment from the collectors, to pay it over to the respective townshiji treasurei'S (who shall act as his sub-troasurer.s), and who shall disburse this money to the teachera on their prissentation to thom i f the county inspector's ordei-s ; (2) to pay i>ver the proportion of the county school assessment raised in towns (not separ.itnd from tlu! county), villages and school divisions"' to the treasurers of these muiiici[)alities ; (3^ to piay over to the order of the public school boai'd of any town not separated from the county, a sum of money etjual to the amount collected within such town for tlie payment of the salaiy of the county inspector ; (4) to pay at the end of every half year, to the t»rdor of the county inspector, the amount of money in his liauds, .... deducted from tlie salaries of male teachers for the superainniated teachers' fund for such half year, etc. (Rev. Sch. Act, s. 110.) NoTK. — The law only requires the county assessment part of the school fund to l)e jwul over on its receiiH to "the treasurers of minor municipalities" (s. no, cl. 5) for disbursement by them to the teachers entitled to it. The legislative {jrant may also be paid over to these minor treasurers, or it may be disbursed direct to the teacl'.ers by the county treasurer, as may be most convenient. (Rev. Sch. Act, s. 194, els. 13 18 and ss. 213-217. See also Rev. Stat., c. 20J, s. 5, els. 6-8, and sections, II and 12 of this chai)ler. ) 2. Coiiufi/ lSub-Treasurp.rs are, on receipt of the county assessment, or otluu- j>art of the school fund, subject to the same obligations to tlisburse the money as are county treasurers. (Rev. Sch. Act, s. 111.) ;{. Oouiitj/ Auditors are i-equired to audit the school accounts of the public and high .scliools in the townships, incorporated villages * School divisions (or districts) .ire towns and incorpnraicJ villages which hive portions of an adjoining township or townships altacbiKj lo litem for school purposes. See clause 13, ch iptcr iv. nhap. II.] TOWNSHIP COUNCILS. 131 and towuH (act separated from the county). (Rev. Sch. Act, a. 87, cl. 7. Soe iiLso section 13 of this chapter.) 4. Conntii Clerks are recpurpd (1) to transmit to the Minister of Kducatioii, witli any recjuired explanation, a certified copy on the prescribed form of the county auditors' report on the disbursement of public and iiiji(h school moneys; (2) also a copy of .u proceedings of the county council relating to school assessments and other matters, and the addn^ss of the county inspector and treasurer. (Rev. Sch. .\.ct, 8. 1 12. See also section 1 4 of this chapter.) 5. Count;/ Tn»ppxtors of Public Schools. — (See chapter xvii.) 6. Coaatif Board of Examltiers for teacher's certificates. — (See (diapter xxii.) CHAPTl :r II. POWERS AND DUTIES OF TOWNSHIP COUNCILS AND THEIR OFFICERS. 1.— Jurisdiction of Township Councils under the School Law- The powers and duties of township councils and their officers relate to the — - 1. Formation of new school sections. 2. AltiTations in the boundaries of any existing school section. '.\. Alttirations of union school section and division boundaries. 4. Union of two or more school .sections into one. 5. Union of all the school sections under a township board. 6. Establishment of a township inolel school, and union of an adjoining school section with such modcd school. 7. Through their assessor, clerk and colhictor, to ascertain and collect the school rates, both public and separate. 8. Borrowing money upon the requisition of scliool trustees. 9. Issuing debentures for such loans, and providing a yearly sink- ing fund f(U' their rei>ayinent. 10. Lending municipal and educational funds to school trustees. 11. Purchase, for building purposes, and sale of school sites, (under the Municipal Act.) 12. Raising money "for tho o«t.rtbllshment and support ot public schools nccoid'utQ to Ja^v, II 122 TOWNSHIP COUNCILS. [ChKp. II. 13. Correcting miHtiikes and aupplying onuHHiouH in aHseHHoru roll. 14. Receiving from tntstuoa and having caro of all bondu of Hchool Heution collectors. 15. Paying school trnstno-i after the clo.se of the year any uncol- lected rates on non-rt'silent lands, as returned to the clerk by tlie trustees. 13. Estiiblishment and support of a township free public school library. Note. — See also Part I. of these Lectures, chapter iii., .sections 13 and 14. 2.~Fowers and Duties of ToTrnship Officers. The school law defines the duties of township officers as follows : — (i4) Township clerks are retjuirod to — 1. Make out a town.ship school map in duplicate, and furnish a copy to the county chnk. 2. Notify trustees and inspector of alterations in school sec- tions. 3. Notify the person appointed by the township council to call a first school meeting either in a new school section or for the election of a township school board. 4. Receive from county inspector and insert on the township map description of boundaries of union school sections, or decision of the county council committee on ajipeals from township councils. 6. Furnish county inspectors with copies of all proceedings of the township council relating to educational matters. 6. Allow school trustees to have access to, and make a copy of the township assessment roll relating to their section. 7. In making out the collector's roll of the township, to place columns thereon for public and separate school rates, so that such rates respectively may be collected by the municipal othcials. 8. Receive annually from trustees a return of all school assess- ments imposed in their section during the year, in order that the same may be collected as above. 8. Receive at the end of the yepr from trustees a return of luicollected rates from absentees, or uncollected school rates on non-resident or other lands. 10. Make a return of the foregoing to the county treasurer. 11, Make a return to the county clerk in the month of March (not later than th« 7th, under penalty of $20), of all assessments for public school purposes iu their townships. Chap. III.] SCHOOL SECTION BOUNDARIES. 123 (B) Township Asaeasora arc recjuired to- 1. Ahhchh and return on their roll lands within each school section, including each undivided occupied lot. (See chapter iii., section H, in First Part of these Ijectui-es.) 2. Allow school tnistees, or their representative, to have access to and co|)y these rolls relating to school sections. 3. In column seven of their rolls to place the number of the school section, and of each taxa))le p'^rson, whether he is a public or separate school supporter, (C) Tovmship Collectors are required to — 1. Collect all rates imposed in respect of public and separate schools. 2. Keep these rates distinct, and account for them accordingly. (/>) Reeves of lownshi/ts, with the county inspector, are required to ea of tho HKotioii contaiiiH more than four H<|uaiv mileH," i.e., each huIo of tho noction Hhall average a mile iu length. (Rev. Sch. Act, 8. 78, cl. 1 («). 3.— Alteration in Sohool Section Boundaries -Conditions. E^ich townHliip council has full power to alter tho Ixiundari'-s of any Bchool section within its jurisdiction, without the constMit of (hut not without due notification to) the trustees and ratepayers of the Hection concerned. The alterations in an ordinary school section Ciinnot be legally nuulo after the 1st of May in any yenr. (Rev. Sch. Act, 88. 81, 84. See Decision of the Courts, chapUtr vi.) 4.-Notioo of alteration in Boundaries to all parties concerned. The law dechuvs "that all parties to be alfected by tlie pi'oposed altemtion" in tho boundaries of a school sectiim, shall be "duly notitied by the council of tlu) proposed altlic plares in the section to inform the ratepayci. of the jiroposed alteration, and for a reasor- able time before the meeting of the Council at which the alteration is proposed i.i \x made. (.See next section.) 6.—'* Constructive Notice," when assumed, not sufficient. In case the pvoixjsed alteration iu the boundaries of a school sectioji should be agitated in it for more or less time, and resolutions be passed at public meetings on the subject, or yietitions circulated and signed for or against it, it might be understood that, without posting formal notices on the subject, all parties concerned had received " construc- tive notice" sufficient to me(!t the requirements of the law. It will, however, be necessary for the township council to see that notice of the propo.sed alterations is duly given, as intimated in the note to the preceding section 4, before it is made. 6.— What a By-law altering Boundaries should shew. 1. As a township council is required to give duo notice of intended alterations, the preamble of a by-law altering the boundaries of a school section should, as a general rule, recite the fact '• that due notice having been given," «fec, 2. The boundaries of any altered section should be defined with " sufficient certainty " to enable all parties concerned to kno./ in what school section they are placed by the alteration. (See Decisions of the Courts, chap, vi., s. 14.) Chap. TIL] SntOOL HKCTION IIOUNDARIRS. 125 re<|uire» "the township clerk to send forlhwitli, after the iseasse<;ti<)ii, pa.Hs<>(l hy tlir townuhip coiiiicil, may be appcah-il against to t)ie county council. So alwo may a rctuhul of th(! towtiHliip council, lit tho ^i'lpl<^st in writing of the tnistt'OH, or of the inhpcctor, to alter th*; boiin(lari<>N of tho wet ion. Hut thin doe-s not apply to union school soctions. (H»>v. Sch. Act, s. Hii. H<'»« note to miction 19, diapter i.) Ny-la\v ot a township making; an alteration in the boundaries of their school section, yet they have no such le^'al power to appeal against the refusal of the council to make the desired alterations. That must i)e done (if thought necessary) by the trustees, or county inspector. (Rev. .Sell. Act, s», 82, 88. .S^e note to section 19, chapter i.) 8— When School Section Boundary alterations take effect. The law declares that the alteration in the boundaries of ordinary school sections "shall not take etlect V)efore the 2.'">th of December next after the alteration has been made." It is not, therefore, neces- sary to state this fact in the by-law makinj^ tli(^ alteration, or in the notice to the trustees and inH|)ector, as the law declares it. NurK. — No alteration in the boundaries of a school sectiim can be legally made by a township council after the 1st of M.iy. Dissatisfied parties are thus enabled to petition the county council at its June meeting against the by-law ; and the committee appointetl by it would have amjjle time, before the alteration could take effect, to "settle the matter complained of." If no objection be made, the alteration takes elTect on the 25th of December. Hut union school sections m.ay be foniicd, altered or dissolved at any time before the 1st of October in any year. (Rev. Sch. Act, ss. 84 and 88. See clause 2 of section 8 of the next chapter.) 0.— Disposition of School Property in altered Sections- Should " a school site or school house, or other scliool property, A« no foiKjer required, in coiisequonco of the alteration or union of school sections, the same shall bo disposed of by sale or otherwise, and th" inhabitants transferred from one section to another shall be entitled, for the public school purposes of the sectitm to which they are attached, to such proy)ortion of the proceeds of the sale .... [after |>aying the debts of the section concerned] as the a.ssessed value of their pro- perty bears to that of the inhabitants of th(! .section from which they have been separated," etc. (Rev. Sch. Act, s. 86.) Note. — This provision of the Itiw, when applicable, extends not only to the school house and site, but also to the furniture, books, library and other appliances, as Well as tt) any balance of money left over after paying the lawful debts of the section, 'i'he valuators, however, mu.st determine any question which may arise in this matter. (See clause 2 of next section.) ! f «l n I I 126 SCHOOL SECTION BOUNDARIES. [Chap. in. 10 —Meaning of the phrase "No longer required" The application of this provision of the law turns upon the mean- ing of the phnuse "no longer required." Its meaning can be collected from the words used, which imply that circumstances have arisen which make the school house or property no longer available for school purposes. (Rev. Sch. Act, s. 86.) 1. Appointment of Valuators. — In all such cases, to prevent injus- tice, the law provides that "the county inspector and two other persons, appointed by the township council as valuators, shall value and adjust in an equitable mannei all rights and claims" arising out of the alteration of the section. Ibid. Note. — Ihe powers of the school meeting in this case are limited to the one point, that is, as to the disposition of the property, whether by sale or otherwise. The valuatois must decide as to the claims of the sections concerned, and deter- mine the proportion of the proceeds to which each of the parties concerned "shall be entitled for the public school purposes of the section to which they .are attnched," " or by whom the same shall be settled; and the determin.ation of the said valua- tors, or any two of them, shall be final and conclusive." (Rev. Sch. Act, ss. 85. 86. See form of notice of school meeting in the case of a union of two or more sections into one, in note to the following clause of this section.) 2. Difference betweeri j. " Union" and a " United" Section. — The provision of the law. which we have been considering, applies to ordinary sections and not to union sections, made up of parts of two or more townships. The law also refers to "united" sections, that is, to two or more sections united into one. In such a case the public meeting of the " united " section must determine what shall be done with the old house, or houses and premises. (Rev. Sch. Act, ss. 81, 86 and 137.) Note. — The form of notice, prepared by the Minister, to be given by trustees, of < meeting for the disposal of school property in a united section, is as follows: — ''Special School Meeting. — Public notice is hereby given to the assessed free- holders, householders and tenants in the united section No. — , in the township of (former! v known as school section No. — , in the township of , and school section llo. — , in the township of ), that a special school meeting will be held at the hour of - place designated], in the township of - trustees, i)y the vote of the majority of ratepayers present at the meeting, to dispose of the clock at [the school house or ether for the purpose of authorizing the of, by sale or otherwise, the school house, site, or other property in school section No. — , township of , which, by virtue of the school law of this province, has become the property of the united section, and are no longer required in con- sequence of the union of the sections herein designated ; and also to authorize said trustees to apply the proceeds of the sale (or other disposition of the property named) towards the payment of the debt of said now united section, or to any other lawful purpose of said united section. " Given under our hands at , this — day of , 18 ." N.B. — I. This notice should be posted in at least three public places in the united section, six clear days (not including Sunday) before the day of meeting. 2. The same notice, duly varied, should be given, when required, in case of the formation or alteration of a union or ordinary school section. 3. The notice can be given either by the trustees concerned or by the public ichool inspector. [127] CHAPTER IV. school FORMATION, ALTERATION AND DISSOLUTION OF UNION SCHOOL SECTIONS AND DIVISIONS. I— Kinds of Union Soliool Sections, aad who shall form them. Two kinds of union school sections can be formed : — 1. Between parts of townships, in one or more counties. 2. Between an incorjjorated village, or town, and parts of townships. Note.— Union school sections of parts of townships can only be formed and altered by the consent of the councils of the townships concerned. The formation ■or alteration may be initiated by the inspectors concerned, but the request of the inspector must he followed up by a petition to the councils from the locality itself. (See section 8 of this chapter, page 129.) 2.— Formation of Union Sections by Township Councils. A township council has no power to form or alter union school uectious, except under the following conditions and circumstances : — 1. The formation of uniou schvKjl sections can be initiated by the inspecti»r or inspectors concerned, followed up by the petition of the parties interested to their township council ; but it is within the dis- cretion of said council to act or not upon the request of the inspector or the petition of the ratepayers. 2. Should the township councils concerned act upon the request of the inspector or prayer of the petitioners, they must appoint " com- j)etent " ptnsons, who, with the insf ior or inspectors, shall act as their referees to report upon the matter of union, as provided in section 9, clause 5, of this chapter, page 1 32. 3. The by-laws of the respective councils concerned, when finally passed, must be based upon and embrace the entire 3iib.stance of the report of the referees, or a majovity of them, as communicated to the township clerk by the inspector or inspectors concerned. (See section 5 of this chapter, page 128.) 4. It is disci'fitionary with any township concerned to concur in the petition and appoint referees. This discretion is consistent with the statute, and the general jurisdiction of township councils over public school sections. 5. The township councils concerned, having appointed referees, must einboily their report, or the substance of it (as indicated in clause ?> above), in the by-law forming the proposed union school section. They cannot modify the report in any particular, but may refer it back again to correct mist>akes or supply omissions. 128 UNION SCHOOL SECTIOVS AND DIVISIONS. [Chap. IV, I I 6. Parts of townships detached from union school sections or divi- sions should be forthwith attached to an existing section or formed intc a new one. (See note to clause 2, section 9 of this chapter, page 131.) 7. Notwithstanding the alteration in the boundaries of a union, or other school section, or a dissolution of a union section, the several parts of such section shall be liable for the repayment of the principal and interest of any debenture issued on behalf of the section. (See clause 11 (a), section 78, of the Revised School Act ; also, section 10, chapter viii., of these Lectures, page 156.) 3.— Bespeotive powers of the Township Councils concerned. The law devolves upon the township councils concerned the right to form or alter the boundaries of a union section. The conditions of the union must be determined by the inspector or inspectors con- cerned, and by a " competent pei-son " appointed by the council of each township as referee. (Rev. Sch. Act, s. 137, cl. 3. See clause 1, section 9, of this chapter, page 130.) 4.— Report to Council of Referees on the proposed union. The law provides that union school sections shall only be formed on the report of the referees appointed by the township councils con- cerned. These referees, or a majority of them, ai'e required to report, on (1) the expediency of the proposed union ; (2) the location of the school house, or any change in the site thereof; (3) the proportion in which the part of the union in each municipality is liable to contribute towards (a) the erection of the school house, (b) the maintenance of the (chool, and (c) the requisite expenses; (4) the period of years for which the contribution shall be made ; and (5) a provision for a renewal of these arrangements. Note i. — The period for which the contribution is made by each part of the proposed union ought to be for a period of from three to five years, with power to the councils concerned to remit the matter to referees. Or a provision should b© made in the report of the referees for a renewal of the period of union, and for the payment of a proportion of expenses by each part of^ the union for another lerm of three or five years ; and so on Mies quoties until either council should have given notice to the other of its intention to terminate the union on some day prior to the 1st of October, or three months before the ist of January, at which time the dissolution is to take effect. Note 2. — Where debentures have been issued by the township council on behalf of a union (or other) section, provision should be made for their redemp- tion, as pointed out above in clause ^ of section 2 of this chapter, above. 5.—Terms of Union to be reported to Township Council. After the terms of the union have been settled, each inspector con- cerned is required to transmit forthwith to the clerks of the townships tinder his jurisdiction, and affected by the proposed union, a " copy of the report or resolutions," or report of the ^' competent " persons M' rv. Ohap. I"V.] UNION SCHOOL SECTIONS AND DIVISIONS. 129 or referees, or a majority of them, appointed by the township councils concerned. Note. — In the case of a union of part of a township with a town or village, the inspector is to transmit the same notice to the town or village clerk, as the juris- diction of the town or village council for school taxing purposes extends over the entire school division or district thus to be formed. (See clause i of section 9 of this chapter, page 130, and section 13, page 134; also, section 10, of chapter viii. ) 6.— Proportion of the Contribution of parts of Union. The law provides that the contribution of each part of the proposed union school section shall be levied therein in each year according to the assessed value of the property of each i*atepayer therein, and not according to, or upon an assessed equalization of the assessment in the parts united. (Rev. Sch. Act, s. 137, cl. 4.) Note. — The proportion of the expenses payable by each part of a proposed union section should be determined upon some fractional principle which would be applicable to the circumstances of each part, and thus avoid resorting to a scheme of equaliiation* based upon the assessments of the different portions of the townships composing the projected union. 7.— How the Contribution of each part shall be raised. While the law provides that each separate part of the union section shall contribute its quota to the support of the school, it also pro- vides that this quota shall be collected from the entire union section, either by the trustees themselves, or by the council of the township in which the school house is situated, at the written request of the trustees. (Rev. Sch. Act, s. 137, cl. 4, and s. 139.) 8.— Provisions of the Law relating to Union Sections. In order to give a succinct view of the provisions of the Revised School Law in regard to the formation, alteration and dissolution of union school sections and divisions (or districts), the following sum- mary of the law on the subject has been drawn up: 1. Councils free to act. — Each township council has now the power (which up to 1877 it did not possess) to form, alter, or dissolve union school sections and divisions (or districts) ; but it is free to act or not, as it pleases, in the following cases : (a) In the formation of a union school section the township council might be moved to take action by the county inspector, followed by a petition presented to it from interested ratepayers, in which petition the particular part of the township sought to be united with the part of the other adjoining township, with the reasons for it, should be definitely set forth. (Rev. Sch. Act, s. 137.) i f * In regard to the proper mode of equalization of assessments by reeves and inspectors in i chool sections formed before the and day of March, 1877, see note to section 14 of this chapter. 130 UNIOK SCHOOL SECTIONS AND DIVISIONS. [Chap. IV. Note. — It is not necessary that such petition should come from the actual majority of assessed freeholders, householders and tenants of such part , nor is the council required to concur in the prayer of the petition ; but at its discretion it may, or may not, appoint a referee in the matter. Should it and the other council, or councils, appoint referees, the reports which they make will enable each council, as required by law, to pass the requisite by-law for the formation of the union. (6) In the alteration of the boundaries of an existing union school section, division (or district), the petition of the majority of the assessed freeholders, householders and tenants of the actual part of the section to be withdi-awn from the union must be presented to the council of the municipality concerned. (Rev. Sch. Act, s. 140.) Note. — The petition should set forth the specific part of the union section, division (or district), desired to be withdrawn ; and the council may then, in its discretion, pass, or refuse to pass, the necessary by-law to make the alteration. (c) In the dissolution of any union school section the petition pre- sented to the council concerned must be that of the majority of the assessed freeholders, householders and tenants of the section or part section in any one township which form the union. (Rev. Sch. Act, 8. UO.) Note. — The dissolution of any union school section, or division, &c., formed after the 2nd March, 1877, will take place at the expiration of the period of years for which the union was formed, unless provision for the renewal thereof was set forth in the by-laws passed by the council upon the report of the referees appointed under s. 137, el. 3, of the Public Schools Act. In such case referees should be appointed so as to report, not later than in time for the September meetings of the councils, on any proposed terms of or a continuance of the union. 2. Time of passing By-laws. — All by-laws of a township council relating to the formation, alteration or dissolution of union school sections must be pa.ssed at least three months before the first day of January in any year in which the by-law is to take effect — that is, before the first day of October. The action of the council, however, in regard to the formation or alteration of ordinary school section boundaries in any one township, must take place before the first of May in any year. (Rev. Sch. Act, ss. 84, 137, cl. 2. See section 8 of chapter iii., and note, page 125, as well as clause 2, section 10 of the same chapter, page 126.) Note. — The by-laws passetl by township councils in respect of the formation, alteration, or dissolution of union school sections are not subject to appeal to the county council. Such appeal only applies to the action, or refusal to act, of the township council in regard to ordinary school sections within a township, which are not united with any other municipality, or portion thereof. (Rev. .Sch. Act, s. 88. See note to section 8 of chapter iii., page 125.) 8 —Formation, Alteration and Dissolution of Union School Sections. 1. Formation of Union 5ec\ly. — Where the jwoposed withdrawal, or alteration, affects one township only, and imposes no additional burthen on the other township, or townships, in the union, the concurrence of the council of tliat township (in the petition for such alteration) is alone necessaiy. If, however, a disagreement arises between the councils, or between the ratepayers and the council, asj to the terms of the altei-ation, the refei-ees appointed by the townships concerned must settle it. (Rev. Sch. Act, s. 140. See next clause, and note to clause 6 of this section below.) 5. Disagreement as to terms of Alteration. — lu any proposed altera- tion, as petitioned for, shoald a disagi'eement arise between the councils, or parts of the union concerned, as to the terms of the altenition, referees appointed by the township councils, consisting of one competent person for each township, the county inspector, or inspectors, and (in case of an even number of referees) the senior county judge of the county or united counties, by date of appoint- ment, must decide the terms upon which this alteration is to be made. The repoi-t, as agreed to by a majority of the referees, should be specific upon all of the jxtints mentioned in the Act, and must be embodied in ipsissimis verbis in the by-laws passed by the councils concerned. (Rev. Sch. Act, s. 140.) Note. — The appointment of these referees when once made cannot be revoked, and they are required to bring in a report to settle the matters submitted to them under the statute without appeal. They must be paid by the councils concerned. (See clause 5 of section 2 of this chapter, page 127 ; also note to the next clause of this section below.) 6. Alteration or dissolution of Union Sections. — Should a council concur in a petition presented to it for the alteration or dissolution of a union school .section, district (or division), it may at its discretion pass a by-law in accordance with the terms of the petition presented to it, or it may i-efuse to do so. In case of a disagreement as to the terms of the proposed alteration or dissolution between the township councils concerned, or parts of the union, the matter is to be deter- mined by a majority of referees as provided for in the preceding clause of this section. (Rev. Sch. Act, s. 140.) *C >; J. — '"or the settlement of all internal claims arising in any township in '- '.I'le ; li xj of the formation, alteration or dissolution of a union school section v itU \ fthe township, the 85th section of the Revised School Act further pro- .rii-joa )<.ji ** ./!i the dissolution or alteration of a union school section .... ih". .< u.' "r y.ector and two other persons appointed by the township council as '.f. :? v)ll value and adjust in an equitable manner all rights and claims consequem upon such .... dissolution or alteration between the respective portions of the township affected, and determine in what manner and by which . Chap. IV.] UNION SCHOOL SECTIONS AND DIVISIONS. 138 portion, or by whom, the same shall be settled ; and the determination of said valuators, or any two of them, shall be final and conclusive." Note 2. — In case a debenture has been issued by the township council on behalf of a union school section care should be taken on its alteration or disso- lution to provide for the repayment of the principal and interest of such debenture by the whole of the anion section as it stood at the time when the debenture was issued. (Rev. Sch. Act, s. 78, cl. 11 (a). See clause 7, section i of this chapter). 7. Dissolution of a Union Section. — In the dissolution of a union school section, division (or district), pure and simple, either council concerned must be governed by the same rules as in the case of an ordinary alteration in its boundaries. The petition for the dissolution must be presented to the council concerned from a majority of the ratepayers in the section or part of one of the townships forming the union. Should the council concur m the petition, the substance of it should be embodied in the by-law to be passed. In case of a dis- agreement between the councils, as to the terms of the dissolution, the matte" must be determined by the referees as provided for in clause 6 of section 9 of this chapter, page 132. (Rev. Sch. Act, s. 140.) I I' 10.— Union of Sections with Township Boards. The Revised School Act provides that on the formation of a township board of school trustees, all union school sections, divisions (or districts) formed with any part of the townships concerned cease, ipso facto, to exist on the first day of January following. The union may, however, be continued or re-formed (with any desirable altera- tions) on the passage of by-laws to that effect by the councils of townships concerned, in the same manner and under the same con- ditions as other union school sections are formed. (Rev. Sch. Act, 8. 142.) Note. — Where a union school section ceases, tf so facto, to exist on the formation of a township board of school trustees, and is not continued or re-formed as explained above, the council of each of the townships concerned are respectively required by the i5oih section of the Revised School Act to appoint one competent person as referee, who, with the county inspector or inspectors "concemtd, shall in a report to the respective councils value and adjust all rights and claims con- sequent upon such disunion between the respective portions of such municipalities, and determine by what municipality, or portion thereof, and in what manner, the same shall be settled, and what shall be the disposition of the property of the union, and what, if any, payment shall be made by one portion to the other. The report of the majority of these referees shall be valid and binding. In case the referees to make this report should be an even number, the senior county judge (by date of appointment) shall be added. (See section 9, clause I and note, of this chapter, pages 130, 131.) 11.— Unions in Organized and Unorganized Townships. The 35th section of the Rev. Sch. Act authorizes the formation of union school sections between organized and unorganized townships by the reeve of the organized and the stipendiary magistrate of the 134 UNION SCHOOL SECTIONS AND DIVISrONS. [Cliap. IV, unorganized township or townships concerned, who, with the inspector having jurisdiction, would possess all the powers and duties of the referees under the 137th section of the Revised School Act. (See chapter xii., Part I,, page 78; also clause 5 of section 1, jMigo 127,. and note to clause & of section 9 of this chapter, page 132.)> n 12.— Old School Boundaries of a Section to remain— When 1^ The law provides that the school boundaries of a village, rural school section or other school division, existing at the time of Tand during the transition period of) its incorporation as a village or town munici- pality, shall remain unchanged, and be considered as the school boun- daries of the newly incorporated village or town, notwith8tiin. Under the Revised School Act the formation, alteration and disso- lution of union school divisions (or districts), consisting of a town or incorporated village, and part or parts of a township, or townships, are governed by the same rules as those affecting the formation, alteration and dissolution of ordinary union school sections, as already explained in sections 8 and 9 of this chapter. (Rev. Sch. Act, ss. 137, 140.) Note. — The boundaries of a rural village school section remain the same after the incorporation of the village as they were before the incorporation, until the same are legally altered as hereinafter mentioned ; and in case they should extend beyond the municipal limits of the village, then the whole of such school division, is for taxation purposes placed by the statute under the jurisdiction of the village council, and for general school purposes under the juristliction of the village board of trustees. The boundaries of the division (or district) can only be altered or dissolved in conformity with the proceedings laid down in the foregoing clauses of this section. In like manner the school boundaries of an incorporated village will remain the same after its incorporation as a town (unless specially provided for) ; and in case such school boundaries extend beyond the municipal limits of the town, they are subject to the like proceedings, if they are to be changed, as. explained in this note, as in the case of an incorporated village. (Rev. Sch. Act, s. 83.) 14.— Equalization of the Assessments in Old Union Sections. The law provides that the assessment in the different parts of the old union school sections or divisions, formed before the 2nd of March, Chap. IV.] UNION SCHOOL SECTIONS AND DIVISIONS. 135 1877, shall be equalized each year by the reeves and county inspectors concerned. (Rev. Sch. Act, s. 135.) See section 6 of this chapter. Note. -This equalization shall (as indicated in s. 137 of the Rev. Sch. Act, el. 4) be made "according to the assessed value of the property of each ratepayer of the union school section, and not upon an assessed equalization of the assess- ment in the partE united." !n this —.r.ttcr the follo-.vir,^ v.il, ;; ,!-..-•.:!.? r^ovi--' -. — (I.) The finally revised assessment roll of each township must be followed as to the relative amounts payable by each ratepayer in particular, initr se. (2. ) If, by comparison with the standard of assessment in the other township parts of a union school section, it is either appreciably higher or lower, then the assessment of each school ratepayer must be regulated accordingly. (3. ) The equalizers have no power to do more than follow this rule. They cannot disturb the relative assessments of any individual ratepayer as respects other ratepayers, nor assume to place what ia called an "equalized valuation" upon all of the lands of the union section, or to fix a certain specific value for assessment per acre or otherwise. 16.— Union Sections formed between 1874 and 1877. Note. — By mistake, in consolidating the Public School Act, passed on the 24th day of March, 1874, the provision heretofore existing in the school law for the formation of union school sections by the reeves and inspectors was accidentally omitted. Between that date and the 2nd day of March, 1877, several union school sections were formed, in the belief that the omission had not taken place, and in some cases the formation was legally questioned. In the Act, passed oii the 2nd of March, 1877, the formation of all these union school sections was legalized as follows : — All school sections existing on the 2nd day of March, 1877, and all unions of school sections comprised of parts of the same or different municipalities which now exist in fact, and whether formed in accordance with the provisions of the law in that behalf or not, are to be deemed as having been legally formed ; and such unions shall continue to exist, subject, however, to the provisions of this Act so far as applicable, as if they had been formed thereinunder ; and in cases where any union has heretofore been adjudged by any court or judge to have been illegally formed, or where any proceedings are pending on that ground, further proceedings may be stayed, upon payment of such costs or expenses, if any, as the court or judge may award. (Rev. Sch. Act, s. 134.) 16.— Adjustment of Claims in Unions formed in 1874-1877. A .special Act, passed in 1878, provides that — (i.) In the case of any union school section which [between the 24th day of March, 1874, and the 2nd day of March, 1877,] was not legally formed, but which, under the provisions of the amended School Act, passed in the session of the year 1877, has been made legal [Rev. Stat. c. 204, s. 134], any expenditure incuned in the erection of a school-house by any of the school sections within such union, under its own authority, shall be reimbursed by the union school section so legalized, and any agreement between the majority of the assessed freeholders and householders in such school section and the trustees of such union, shall be legal and binding ; and in case no such agreement can be arrived at, then the amount of such expenditure shall be determined by the award of competent persons, one of whom, not being a member of the municipal council, shall be appointed by each of the respective councils of the municipalities concerned, and such persons, with the inspector, or inspectors, having jurisdiction in the respective municipalities, or the majority of them, shall determine the amount which such union school section is liable to pay for such expenditure. (2.) In case the persons so nominated would be an even number, the senior county court judge [by date of appointment] shall be added. m 136 UNION SCHOOL SECTIONS AND DIVISIONS. [Chap. IV. t (3.) Any amount agreed upon or awarcletl as aforesaid, may be levied as part of the expenditures of the union school section for the current year, or may be levied proportionably during several years, not exceeding ten, or according to the tenor of any debentures issued for such expenditure, which, if still outstanding, are to be assumed and paid by the union school section. (4.) Any school-house for which such expenditure has been incurred, shall be- come the property of the union school corporation, subject to re-imbursement or payment as aforesaid. (5.) Any ratepayer who has heretofore paid his school taxes in respect of either section, or of the union school section, shall be deemed to be validly discharged from such taxes. 17 —Old Union Sections for Taxing and Election Purposes. 1. Unrler the Act, union school sections, formed before the 2nd of March, 1877, of portions of adjoining townships, shall, for the pur- pose of the election of trustees, be deemed one school section ; and shall be considered, in respect to inspection and taxation for school purposes, as belonging to the township in which the school-uouse is situated. (Rev. Sch. Act, s. 136. See s. 2, cl. 7, page 128.) 2. In the case of union school divisions (or districts) formed before the 2nd of March, 1877, of poi'tions of a township or town- ships, and a town, or incorporated village, shall, for the purposes of the election of trustees, be deemed one school division (or district); and shall be considered, in respect to inspection and taxation for school purposes, as belonging to the town or village. — Ibid. Note. — This provision of the law has existed since 1850. It declares that those portions of a township, or townships, attached to a town or village, for school, election and taxation purposes shall, for those purposes, be held to be part of the town or village concerned, and as such, subject to the school law applicable to such town or village. (See section 13 of this chapter, page 134.) 18.— New Union Sections for Taxing and Election Purposes. The law applicable to union school sections and divisions (or dis- tricts), formed since the 2nd of March, 1877, for taxing and election purposes, is almost identical with that relating to old school sections and divisions quoted above. It is as follows : " The union of parts of two or more townships shall be deemed one school section and aa belonging to the township in which the school-house is situated, and the provisions of this Act respecting rural school sections shall apply thereto [as explained in Part I. of these Lectures], and, in like manner, the union of part of one or more townships with a town or incorporated village shall be deemed one school district, or division, and as belonging to such town or village, and the provisions of this Act respecting public schools in towns or villages shall apply thereto [as explained in this Part (II.) of these Lectures] ; and such part of the township for the election of the trustees, inspection, taxation, and other school purposes, shall be deemed to be united to such town or village." (Rev. Sch. Act, s. 139. See section 2, cl. 7, page 128.) \ Cliap. v.] UNITING TWO OR MORE SECTIONS. 137 Note. — In other words, parties living outside of the municipal boundaries of a union school division (or district), composed of a town or villajje and part of a township, or townships, shall have the right to vote at the election of the schot>l trustees of the ward of a town or the village nearest to them. And in like manner, the town or village council can tax for school purposes these outlying portions of the division as though they lay within the municipal boundaries. CHAI^TER V. UNITING TWO OR MORE SECTIONS INTO ONE. 1.— Whea Two or more Sections may bo formed into One. Should a majority of the assessed freeholders and householders of each of two or more school sections in the same township, present at a school meeting called for that purpose, desire a union of their respective sections into one, the trustees or inspector concerned should call the necessary school meeting in each of such sections, for the purpose of giving expression to such desire. Tliis can be done by resolution, which must be agreed to by a majority of ratepayers present at each school meeting called for that purpose. (Rev. Sch. Act, s. 78, cl. 2.) Note. — This uniting of two or more sections into one must be distinguishetl from the formation of a union school section, or division, as explained in sections 2-9 of chapter iv., pages 127-133. In the one case the by-law uniting two or more sections into one may be appealed against to the county council, while in the other the by-law for the formation, alteration or dissolution of a union school section cannot be appealed against. (See section 19, chapter i., page 116.) 2.— Who may form Two or more Sections into One. The trustees of each of the sections which desire to be united, or the county inspector, should transmit to their township council a verified copy of the resolution passed on the subject of union at the school meeting called for that purpose, and request the council to form the union desired. Tliis request the law requires the council to comply with within a reasonable time. (Rev. Sch. Act, s. 78, cl. 2.) 3.— When this Union of Sections takes effect. When two or more sections are united into one by the township council, the union takes effect at the end of the year. Note. — For directions as to calling a school meeting for the disposal of school site and property, "no longer required" in consequence of this union of sections, see section 10 of chapter iii., page 126. [138] CHAPTER VI. ^iii ! i DECISIONS OF THE SUPERIOR COURTS IN REGARD TO SCHOOL SECTION BOUNDARIES. 1. Notice of alteration necessary before forming or altering School Section — (Rev. Sch. Act, c. 204, s. 81). — The Court of Queen's Bench has decided the following case:— On the 19th of December, 1857, a township council passed a by-law creatiu!^ a new school section called No 9, out of sections 13 and 8, and dclinin those in part .affected within the jurisdiction; and scnihU, per Robinson, C. J., that no notice is required to those in |)art without the township. It is not neces- sary to recite in said by-law that requisite notice had been given. — /;/ re Ness and the Municipalily of Saltjkt't, 13 Q. H. 408. Note. — To obviate all difficulty in this matter, due notice should be given to all persons about to be aflccted by the proposed alteration. 5. Preliminaries to be ohsenied in forming or altering School Seel ions— ( Kev. Sell. Act, c. 204, s. 81). — In effecting alterations, tlie municipal council may take the initiatory, and can act without any previous request from a public meeting ; but if they enter upon such a measure of their own accord, they must see that all parties affected by the alteration have been duly notified of the intended step ; and if they ha^ e been applietl to on the subject, they are not required to entertain the applica- tion until they see that such notice has been given, of which they must be the judges. — Chief yust ice Robinson; In re Ness and the Saltflcet Municipality, 13 Q. B. 408. 6. Time when alteration in School Section takes effect — Sufficient notice must- appear — (Rev. Sch. Act, c. 204, ss. 81 & 84). — The Court of (Queen's Bench, affirming Ness and the Municipality of Saltfleet, 13 Q. B. 408, has decided, that to alter the boundaries of a school section within a township, not being a union . section, it is only necessary that the alteration shall not go into effect before the 25th of December following, and th.it it must appear to the municijwlity that all parties affected have had due notice. Held, also, that notice in this case was sufficiently shewn. — In re Isaac and the Municipality of Euphrasia, 17 Q. B. 205. 7. Alteration of Sections after judgment against School Trustees. — The plaintiff recovered a judgment in March, 1858, against the school trustees for a debt due to him for building a school house for the section, and made several unsucce.ssful attempts to obtain payment of it from the trustees and their successors in office. The trustees always refused to levy a rate or to pay the judgment. To an appli- cation for a mandamus to compel the trustees to levy a rate for payment of the judgment, Held, no answer that since the recovery of the judgment two alterations had been made in the limits of the section, and that many changes had taken place among the ratepayers origin.illy liable ; or that the merits of the claim upon which the judgment was founded were capable of being impeached. — Johnson v. T/ie School Trustees of Hanvich, 30 Q. B. 264, distinguished : Scott \. 7 he School Trustees of Burgess and Bathurst, 21 C. P. 398. 8. Notice to parties to be affected by the alteration of School Sections — Quashing. — The Court of Queen's Bench has decided the following case: — Section 40 of the Consolidated Statutes [School Act] (now Rev. Stat. c. 204, s. 81), enacts ■ uo SCHOOL SECTION BOUNDARIES. [Chap. VI. that a township council may alter the boundaries of a school section, in case it clearly appears that all parties to be aflfected by the proposed alteration have been duly notified of the intended step or application. In this case the only notice jjiven was by the trustees of the section from which certain lots were taken hy the alteration to the trustees of the section to which such lots were added — that being the notice which it was alleged had been customary in the township in similar cases. Held by the court insufficient, and the by-law making the alteration was quasheu. The by-law was passed in February, 1870, but the clerk of the corpora- tion did not notify the trustees of it until August. Held, also, that a motion to tjuash in M. T., 1870, was in time. — Patterson and the Corporation of Hope, 30 r). B. 484. 9. By-law authorizing alteration of School Srctiom — Appeal to County Council — Debentures — Requirements o/—(^'j Vic. c. 28, ss. 48, 61 [now Rev. Sch. Act, c. 204, ss. 78, 80, 88]). — A township council, in April, 1874, under 37 Vic. c. 28, s. 48 (now Rev. Stat. c. 204, s. 78, cl. 9 ; s. 80), passed a by-law altering certain school sections in the township, and on Us being petitioned against to the county council, they, in June, 1874, appointed a committee, under section 61 (Rev. Slat. c. 204, s. 88), to settle the matter. In November, 1874, the committee established the sections, and reported to the county council, which, under section 57 (Rev. Stat c. 204,s. 84), would not take eflfect until the 25th of December following; but iii consequence of the report embracing union sections over which the com - mit''" had no control, it was inoperative. In June, 1875, the township council passed another by-law, repealing their former by-law, and defining the limits of the sections. This also, on petition, was referred by the county council to com- mittee to settle and report on, which they did in December. Previously, however, to their report being so made, the township council, on the iith September, 1875, passed the by-law in question, levying a rate for school purposes on the sections as they existed prior to December, 1874: Held, that the by-law was valid, for that until the result of the appeal was reported to the county council, the sections as established before December, 1874, continued to exist. By-laws were passed by a township council, granting to the trustees of school sections authority to issue debentures for the erection of a school house, and create a rate not payable within the year, but without settling an equal special rate in each year, &c. , as required by section 248 of the Municipal Act of 1873 (now Rev. Stat. c. 174, s. 330): Held, invalid. The by-laws authorized the trustees of the school section, instead of the reeve of the township, to sign the debentures : Held, also, a fatal objection, notwithstanding that in fact the debentures had been executed by the reeve. — In re Mc Tntyre and the. Corporation of the Tanunship fff Elderslie, 27 C. P. 58. 10. Alteration of School Section by County Council illegal — (Rev. Sch. Act, s. 81). —The Court of Common Pleas has decided the following case : — That, under the Public School Laws of the Province, the township council, and not the [county] council, have authority to sanction a.iy alteration made in school [sections]. A proposed alte on being submitted by the [local] superintendent of schools to the [county] counc'i was held not to legalize the alteration thereby proposed. — McFee V. Dunbar, lO C. P. 94. 1 1 . By-laws for the alteration of School Sections can only be quashed within a reasonable time — (Rev. Sch. Act, s. 84). — The Court of Common Pleas, in a case where a great length of time (fourteen months) had elapsed before motion was made, refused to quash a by-law altering school sections, it being on its face legal, and having been acted upon, although it was doubtful whether sufficient notice had been given to interested parties. — Hill v. Municipality of Tecumseth, 6 C. P. 207. 1 2. The .Act determines when By-law takes effect — Lapse of time — Quashing — (Rev. .Sch. Act, s. 81). — The Court of Common Pleas, on a motion to quash a by-law passed on the 1st of October, 1859, by defendants, doing away with school section N«. .7, in the township of Darlington, and attaching a portion thereof to Chap. VI.] SCHOOL SECTION BOUNDARIES. 141 school section N*^ 6, and another part to No. 8. Held, 1st, that it is unnecessary that a by-law sh, 'd state on its face that the alteration shall not go into efT'ct t;!! the 25th December following the passing thereof. 2nd, that no step having been taken to quash a by-law for a year and more from the passing thereof, the decision in Hill V. Municipality of Tecitmstth, 6 C. P. 207, was adhered to, and the motion refused on account of delay in making the alteration. — Cotter v. Municipality of Darlington, ii C. P. 265. 13. Alteration of School Section — Quashing a repealed By-law — (Rev. Sch. Act, s. 81). —The Court of Queen's Bench, in dealing again with the same case, decided as follows : — While an application to quash a by-law. No, 250, altering the boun- daries of school sections 15 and 16, was pending, the corporation passed a by-law No. 268, to remove doubts in regard to the former by-law and to confirm it, but so worded it as to leave it doubtful whether it was not in effect an independent by-law, defining the limits of these sections. The first by-law was quashed, and an application was then made to quash this last by-law. It appeared, on shewing cause, that it had been repealed. The court, under the circumstances, quashed the by-law, notwithstanding its repeal ; for the repealing by-law being in effect a by-law making an alteration in school sections, it could not take effect until the 25th December following, and it was stated that the trustee of section 15 intended to act under the by-law to be repealed. — Patterson and the Corporation of the Tc^mship of Hope, 31 Q, B. 360. 14. Boundaries of neiu or altered Sections must be defined with certainty — (Rev. Sch. Act, c. 204, s. 84). — The Court of Queen's Bench decided that the by-law set out in this case was bad, for not describing or defining with sufficient certainty the limits of the school sections intended to be established by it. — Haackew. Muni- cipality of Markham, 17 Q. B. 562. [See also the following decision.] 15. Uncertain Boundaries of School Sections for Coloured People — (Rev. Sch. Act, c. 206, s. 2). — The same court has decided that: — A by-law recited that certain coloured inhabitants had petitioned for an alteration of school section No. 9, and for the establishing of two separate schools for coloured people in the township, and that it was expedient to grant their request, by defining the boun- daries of said section so as to include the coloured inhabitants of the township ; and it set out the limits of each section to be established, the last boundary of No. I being, "thence to include all and singular each and every lot or parcel of land occupied, or which shall or may be occupied, by any coloured person or persons in the front part of the said township of Chatham ; and the last boundary of No. 2, thence to include all and singular each and every lot or parcel of land occupied, or which shall or may be occupied, by any coloured person or persons in that part of the said township not included in the section No. i, as described in the first section of this by-law. ' Held, that these boundaries were indefinite and fluctuating, and that the by-laws were therefore bad. Remarks as to how far the court are bound to quash by-laws, even when moved against properly and found bad. — In re Simmons attd the Corporation of the Tomnship of Chatham, 21 Q.B. 75. 1 6. Township School Map evidence of School Section Boundaries — (Rev. Sch. Act, c. 204, ss. 108, 224) — Construction of By-law — (I(>id, s. 84). — The question before the court being, whether the plaintiff's lot, 23 in the 8th concession of Thurlow, was within school section 16, a by-law defining the limits of sections in the township was proved, which declared the section to be composed, among other lots, of *' '"' acres of the east side of lot No. 16, all of No. 17, S. yi of No. 18, all of 19, io, 21, 22, 23 pnd 24" (not giving the concession), "excepting such portions of last mentioned lots as are included in sections 18 and 19. ' Section 18, by the same by-law, was made to comprise parts of lots 16, 18, 20, 21 and 22, in the 8th concession ; and section 19, the N. '/^ of 24, in the same concession. Held, that the whole by-law, taken together, sufficiently shewed the plaintiff's lot to be in section 16. Held, also, that the map prepared by the township clerk i 11 142 SCHOOL SECTION BOUNDARIES. [Chap. VI. ' under section 49 of the Consolidated School Act (now Rev. Stat. c. 204, s. 108, cl. i), shewing the division of the township into sc:tions, was admissible as evidence. — In re Shorey v. T hasher et al., 30 Q. B. 504. 17. If two Sections be united, in re-arranging the School Sections of a Tffivnship, an election of three Trustees is necessary— {Rev. Sch. Act, s. 78, cl. 2). — The Court of Common Pleas has decided the following case: — In the township of Harwich, county of Kent, prior to February, 1854, school section No. i consisted of what is now the town of Chatham and a part of the township of Harwich. There was also a school section in operation known as section No. 2}^. In February, 1854, the township council passed a resolution dividing the township into sixteen school sections. No. I (of the new sections) was formed of that part of the township of Harwich which, together with the town of Chatham, had previously been No. i, added to the whole of No. 2)4 as it existed previously. In January, 1855, an election for the new section No. i (as erected by the resolution in 1854) was held, at which one trustee only was elected ; and the two other trustees, elected the previous year for the then section, gave defendant the warrant under which he acted. Held by the court, that there should have been three trustees elected for section No. i, at the election in January, and that the wariint signed by the other two was inoperative. — McGregor v. Pratt, 6 C. P. 173. 18. Union of two or more Sections equivalent to the formation of a new one — (Rev. Sch. Act, s. 78, cl. 2) — Union Sections — {Ibid, s. 134). — The Court of Queen's Bench has also decided as follows: — That the union of two or more sections into one is equivalent to the formation of a new section, and goes into operation (unless especially deferred to a fixed date) immediately after the action of the township council ; and the same court has decided that the union of two or more school sections in the same township into one, may take place at any period of the year, and would then require a new election of trustees. — Chief Superinten- dent of Education v. McRae, 12 Q. B. 525. But the unioii oi parts of adjoining townships, and an alteration in the boundaries of union sections, have no effect until after the 25th of December following the act. In all cases, an altered or united section has no legal existence, as such, until after the date fixed for the coming into effect of such alteration or union. Note. — Since the delivery of this judgment the law has been altered, and permission has been given to appeal to the county council against any by-law passed by a township council in regard to the alteration of the boundaries of all school sections within tlie township, including of course the union of two or more school sections in the township, but not against by-laws reK-iting to union sections. (See note to section 20 of chapter i., page 117^. 19. Township Councils cannot alter Union School Sections — (Power now given — Rev. Sch. Act, ss. 137-141). — The Court of Queen's Bench decided that the muni- cipality of Vespra and Sunnidale passed a by-law remodelling the school sections of those townships, which transferred to union school section No. 3, created by the by-law, a part of Vespra, which had formerly iielonged to union school section No. 4 of Vespra, Flos, Oro and Medonte. Held by the court, that this was beyond the power of the municipality, and tb'.t the by-law was bad. It appeared also that no notice had been given of t'le intended alteration, and that on this ground as well the by-law was illegal, .'/eld, also, that as union section No. 3 was illegally constituted, a by-law passed to raise money for a school house erected there, was also bad ; and the by-law in this case passed for that purpose was bad too, for omitting to comply with the requisites [under the 330th section of the Revised Municipal Institutions Act (Rev. Stat. c. 174)] of all by-laws creating a debt or contracting a loan. — Hart and the Municipality of Vespra, 16 Q. B. 32. NoTK. — In regard to debts and loans, see Rev. Sch. Act, s. 78, els. 9, 10, and s. 91. Under the 137th and following sections of the Kev. .Stat. c. 304, the township councils have now alone the power to form and alter union school sections, upon the petition of the ratepayers concerned. (See section 8, chapter iv., page 129). 20. Formation and alteration of Union School Sections, before iSjy, cotdd only be made by Reeves and School Inspectors. — [Note. — This provision of the law was €hap. Tl.] SCBOOL SECTtoy BOUMDARtlM. US repealed in 1877. See Rev. Sch. Act, s. 134.] — The Court of Queen's Bench has decided that a township municipality may alter the boundaries of school sections within the township, by taking from one section and adding to another, without any previous request [see Rev. Stat, c 204, s. 140] of the [assessed] freeholders and householders, and notwithstanding their disapprobation of the change, provided that those affected by the alteration have due notice of the intention to make it. — In re Ley and the Municipality of Clarke, 13 Q. B. 433. 21. Union of School Sections — Right of Appeal under 34 Vic. <. 33, s. 16, Ont, — Statutes, construction of— Retrospective effect — (Rev. Sch. Act, ss. 78, 88). — ^y 34 Vic. c. 33, s. 16 (now Rev. Stat. c. 204, s. 88), "the majority of the trustees or any five ratepayers of a school section, shall have the right of appeal or complaint to their county council against any bylaw or resolution which has been passed or may be passed by their township council for the formation or alteration of their school section," etc. In 1858 two school sections were united by by-law, pursuant to 13 and 14 Vic. c. 48, s. 18 (now Rev. Stat. c. 204, s. 78, cl. 2), and remained so — the old separate school houses having been sold and a new one built, etc. — until January, 1873, when a petition was presented, under 34 Vic. (Rev. Stat. c. 204, s. 88) above cited, to the county council for the dis- allowance of said by-law ; and the matter was referred to a committee, as directed by that statute, which disallowed the by-law of 1858. The township council there- upon passed a by-law, among other things to raise $270 by a rate on one of the original sections, for public school purposes in said section, ffeld, that such peti- tion and subsequent proceedings were not authorized by the 34 Vic. c. 33, s. 16 (now Rev. .Stat. c. 204, s. 88), under the circumstances set out, and that the by-law, being based upon their validity, must be quashed. Semble, that the section could not be held to be so far retrospective as to authorize the appeal from, and disallowance of, the by-law uniting the sections, after it had been for so many years passed and acted upon.* Quare, whether the words in the section, "for the formation or alteration of their school section," include a by-law for the union of school sections, //eld, that the right of appeal was given by the section only to persons who were trustees or ratepayers of the section when or after the statute came into force. Semble, also, that there could be no right of appeal here, for the petition admitted that the union complained of was desirable when formed in 1858, but alleged that it had ceased to be so, owing to a change of circumstances. — Roper V, The Corporation of tht ToivHshtp of Oakland, 34 Q. B. 266. 22. Doubt as to the formation of Union School Sections out of parts of Sections — Existence of Corporations — Mode of testing — Replevin — (Rev. Sch. Act, s. 134). — Replevin : Plea justifying under a distress for school rate for a union school section, No. 2 Raleigh and Tilbury East, alleged to have been duly formed by the reeves of said townships and the local superintendent [public school inspector], of which section defendants were trustees, and averring that the rate was imposed by defend- ants to raise the necessary sum to purchase a school site, and that the plaintiff was rated in respect thereof. Replication : ( i . ) That the said section was not formed as alleged. (2.) That the alleged union school section was, on or about the 24th December, 1873, pretended to be formed by the ""eeves of the said townships and the superintendent [inspector], by uniting section 6 of Tilbury with parts of sections in Raleigh ; that the plaintiff resided and was a ratepayer within one of the sections affected by the proposed formation of said section ; that no notice was given to him and others intended to be affected by such formation, or of any alteration in the sections in said township ; that the inspector of the county has not transmitted to the clerks of said townships any copy of the resolution to form said section, nor have the reeves of the .said townships, with the inspector or otherwise, equalized the assessment within said section //eld, on demurrer, replications bad, for that it was not open to the plaintiff in this suit to contest the validity of the formation * This doubt was set at rest by 37 Vic. c. 28, s. 61, cI. 9 (now Rev. Stat. c. 304, s. 88^ 10 144 SCHOOL SECTION BOUNDARIES, [Chap. VT, lit! of the school section on the grounds taken, his proper course being by information in the nature of quo warranto, to determine the defendants' right to the office of trustee. The plaintiff replied also, that the defendants were not, on the 24th December, 1873, a corporation duly formed as alleged. Upon the trial, it appeared that the union section for which the defendants assumed to be trustees had been formed by adding to a section in one township parts of two sections in another township. Held [under the law as then existing and interpreted by the judge], that a union school section can be formed only of two sections, not of parts of sections ; and that the objection therefore being not to the regular exercise, but to the existence, of the power to form such sections, and the facts being undis- puted, the validity of the formation might be questioned in this action. — Askew v. Manning, 38 Q. B. 345. 23. Union by Councils of School Settions in different /o7i>ns/iips—{'Now authorized- Rev. Sch. Act, s. \y^.—Held, that under the Public School Act of 1874, 37 Vic. c. 28 (now Rev. Stat. c. 204; see s. 134), no power is given to the reeves and inspector for the formation of a union school section out of sections in different townships. Where, therefore, such section was formed and a rate levied therein, for which the plaintiflPs goods were seized : Held, that such rate was illegal, and the plaintiff entitled to succeed in replevin. — Halpin v. Calder, 26 C. P. 501. Note. — This defect was remedied by the amended School Act of 1877. (See Rev. Sch. Act, »• «34. 137) 24. Union School Section — 40 Vic. c. 16, s. ji, sub-s. 4 — Construction of— (Rev. Sch. Act, s. 134). — In September, 1874, the reeves of East Nissouri and North Oxford, with the county inspector, proceeded to form a union school section of these sections. In January, 1875, and ever since, trustees were elected for such union section, as also for section No. i ; and during the same period the union section maintained a school house in East Nissouri which had been selected as the union school, at which some of the North Oxford children attended ; but from April, 1875, to 31st December, 1876, section No. i closed their school, but since t' in it haJd been kept open. The government grant for the year 1875-6 was paid J the union section, under objection from section No. I, and in 1875 the union section levied a rate for that year, but none was levied by section No. I. In June, 1876, Halpin v. Calder, 26 C. P. 501, was decided, declaring the union section illegally formed, and immediately thereafter section No. i bought additional land and erected a new school house, levied a rate for that year, and issued deben- tures for school purposes which were still outstanding. On March 2nd, 1877, 40 Vic. c. 16, s. II, sub-s. 4, Ont. (now Rev. Sch. Act, c. 204, s 134), was- passed. Held, Gwynne, J., dissenting, that the union section existed as a fact at the passing of the Act, and was legalized by it, and that section No. I was absorbed and ceased to exist. — In re Petition of Minister of Education, 28 C. P. 325. 25. Dividing a School Section makes only one neiv Section — (Rev. Sch, Act, s. 81), — The Court of Queen's Bench has decided the following case: — On appli- cation of the resident inhabitants of a section, the municipality of a township, in 1853, pa5«"ed a resolution to divide the section, by taking away a part to constitute a new section (but no by-law was passed until 1855, when one was adopted con- firming the resolution). A meeting was called for the l6th January, 1854, to elect three new trustees for the section. In the meantime, on the loth January, the ordinary annual meeting was held, and a dispute arose . s to whether trustees should not then be elected for the ensuing year. Some thought not, and left the meeting ;; while others remained, and proceeded with the election. The local superintendent, being £^ppealed to, declared the election illegal, considering the section had become a new section, and appointed another election to take place on the i6th, when the three defendants were appointed trustees. In January, 1855, the dispute was renewed, and elections held, so that there were two sets of trustees claiming the dSiCK. The first elected trustees, in 1854, abstained from acting; and the defend- Chap. VI] SCHOOL SECTION BOUNDAttlES. 146 ants imposed a rate, which the plaintiff resisted, ffeld by the court (affirming the case of The Cliief Superinttndenl of Education v. McRae, 12 Q. I). 525, see Decision 18, page 142), that the alteration did not constitute tlie section a new- one ; but the rate was legal, being imposed by trustees de/-Mto, who had not been removed. Quart, whether such alteration could be made by resolution only. Quart, also, whether the decision of the local superintendent can be thus incidentally reviewed in an action t > recover back the rate. — Gill et at. v. Jatkson et al., 14 Q. B. 119. 26. By-law to dividt a School Section — Notices — Seal — Delay in moving — (Rev. Sch. Act, s. 8j). — The Court of Queen's Bench has decided the following case: — Application to quash a by-law, passed on the 14th August, to divide a school section, on the ground that it was not under the seal of the corporation, and that it did not appear that all parties to be alTected had been duly notiBed of the intended rrtep or alteration. Upon the affidavits on both sides set out below, the court were satisfied that the seal had been duly affixed. As to the notice, the applicant swore he had received no notice of the intention to divide the section or pass the by-law, and believed the corporation gave none; and this was confirmed by the local superintendent. On the other hand, it was sworn that the Council, in February, received petitions, numerously signed, for the division, which they directed to stand over until their next meeting, on the 14th August, and instructed the clerk to give the necessary notices that such petition would then be considered, and that such notices had been seen in an hotel, in the post office, and in the school house. In reply the clerk denied receiving such irjstructions, and a person who luui lived at the hotel, and the postmaster, swore that they had never seen the notices. The court refused to quash the by-law, for the affidavits only denied notice of intention to divide the section or pass the by-law, not of the application. The council had acted upon reasonable assurance that all parties had notice of such application, which no inhabitant of the section had denied knowledge of; and the objections being technical, should have been taken promptly, without allowing a term to elapse. — Taylor and the Corporation of the Township of West Williams, 30Q. B.337. 27. Separathn of School Section — Informal By-law — Delay in momnq to quash — (Rev. Sch. Act, s. 84). — The Court of Queen's Bench has decided the following cases: — The corporation of the township of Bentinck, on the 7th December, 1867, passed a resolution that a petition, asking for a separation from school section 9, and to form a separate section consisting of certain lots, be granted, and a meeting be called to elect trustees. On the 3rd of October, 1868, they passed a by-law, enacting that this resolution should "remain confirmed, whole and entirely without abatement whatsoever, with the force and effect of a by-law of this corporation. " The applicant, in Michaelmas Term, 1868, moved to quash the by-law and resolu- tion. It appeared that both had been passed after due notice, and after opposition by the applicant and others before the council, and tha< a school has been opened, and school taxes collected and expended in tht section as separated. Held by the court as to the resolution, that the delay in movng was a sufficient reason for refusing to interfere; and as to the by-law (the merits being against the application on the affidavits), that though informal it was not substantially defective, and was not open to objection as being, retro-active. The rule was therefore dischargetl, but without costs. — Leddingham am* the Corporation of the Township of Bentinck, 39 Q. B. 2o6. I ] [146 CHAPTJER VII. TOWNSHIP BOARD OF SCHOOL TRUSTEES. 1-— When a Township School Board may be formed. Should a majority of the assessed freeholdere, householders or teuautK pi-esent at the annual meetings of two-thinls of the school sections in the township (exclusive of union school sections), desii-e that the school section divisions of the township* be abolished and a township school boanl be cstsiblished, " the council of such township shall therenjwn posi- a *>v' ' • ' to abolish the divisions of the township into school section. , mr ^ ^^blish a public school botird therein." (Rev. Sch. Act, 8. 142.. Note. — The expression of the desire <»n the part of the ratepayers to have a township hoard established, j^n be embrnHed in a special resolution to that effect. Notice of the jiroposed intention ' • rass > "' ' ' resolution, or to consider the ques- tion, should be i;iven by the trusii;-.. , or Ui^ir secretary, when calling the annual school meeting of their section. (Rev. Scr. i itt, 5 102, cl. 25. See directions on this subject, iu sections 2 and 7, chapter vi. oJ Part 1. of these Lectures.) 2 — Who notifies the Council of the result of Meetings- The law ju-escribes no special mode of notifying the-township council, throtigh the clerk or otherwise, of the result of the school section meet- ings, sliould two-thirds of them (exclusive of tinions) be in favour of a township boai\l. It may, however, be done in either of two ways : Ist, by the trustees themselves; 2nd, by the county inspector, on receiving from the chairman of the school meetings, as required by law, a copy of the proceedings, inchiding a copy of the affirmative vote or resolution passed on the subject. (Rev. Sch. Act, s. 50.) 8— When the Township Board goes into operation- The by-law of the township council forming the township into a Hchool municipality, can only take effect on the first day of January next after its passing. (Rev. Sch. Act, s. 142.) Note i. — This, or other by-laws to be passed for this purpose, should provide for three things : 1st, the establishment of a to^vnship board ; 2nd, for the division of the township, for school election purposes, into four wards (if not so divided already), in terms of the Municipal Act (Rev. Stat. c. 174, s. 91); 3rd, for the designation of some person or persons to call the first school meeting in each ward of the township, for the election of two school trustees. Note 2. — The Municipal Institutions Act (Rev. Stat. c. 174, s. 91) provides that the township council concerned "shall divide [the] township into wards, having regard to the number of electors in each ward, being as nearly equal as may be ; and the number of wards for municipal [and school purposes] shall be four in all cases." '1 he same section also provides for a readjustment of these wards, on petition of a majority of the quali'ied electors of the township on the last revised assessment roll. Chap. VII.] TOWNSHIP TRUSTEES BOARD. 147 4.— Adjustment of Claims on Formation of Tow^nship Boards- Upon the formation of the township board of school trustees, the law requires the township council to appoint the county inspector, jointly with two other competent persons (not residents of the town- ship), to report to the council the value of the existing school houses, school sites, and other school property in each and every section, or portion of the township, and ascertain their respective debts and liabili- ties. These valuators "shall thereupon adjust and settle, in such manner as they may deem just and equitable, the respective rights, claims and demands of each and every school section, or portion of the township ; and the township council shall pass a by- law, and give full effect to the report of said valuators." (Rev. Sch. Act, s. 149.) Note. — In addition to this, the township council is required, should a union school section, or sections, exist in connection with any part of the township, to appoint one competent person, who, with others appointed under the authority of the 150th section of the Revised School Act, shall "value and adjust all rights and claims consequent upon" the formation of the township board; and shall determine by what municipality, or portion thereof, and in what manner, the same shall be settled, &c. ; and the report of the majority of said persons shall be valid and binding ; and in cases where the persons to make this report would be an even number, the county judge shall also be added. (See section 10 and note of the preceding chapter, page 133.) 5.— Constitution of the Township School Board. The township school board must consist of eight members, elected trustees in and for the four wards of the township when so divided, as required by law. At every subsequent election, one member shall be elected in place of the retiring trustee. (Rev. Sch. Act, s. 145.) Note. — The law says that the " school trustees in and for each ward shall be elected by a majority of the votes of the resident assessed freeholders, householders and tenants thereof." This of course means the majority of such electors as may be present at the school meeting lawfully called for that purpose. The election of . the township board is by law directed to take place ' ' in the manner prescribed by [the 58th section of the Revised School] Act for the election of crustees in towas divided into wards." (See chapter xii. of these Lectures.) 6.— Annual Election of the Township Board of Trustees. The eight trustees elected at the first school meetings of the four wards of the township shall retire as determined by lot — one " at the time appointed for the next annual election, and the other shall con- tinue in office for one year longer, and until his successor has been appointed, and shall then retire." (Rev. Sch. Act, s. 145.) 7-— Place and Time of holding the School Election Meetings- The first and subsequent annual election of school trustees to the township board shall be held " at the place of the last inunioipaJ election, under the direction of the same I'eturning officer or deputy returning officers, and shall be conducted in the same maimer as an 148 TOWNSHIP trustees' BOARD. [Chap. VII. ordinary taiinicipal ward election ; but the voting shall be by open vote," ifec. Ill default of the municipal returning officer or officers, the electoi-s pif!Hent are authoiized to choose their own returning «>fficer. The school meeting for the election of the township board shall commence at t^n of the clock in the foi-euoon ; and the same time shall be allowetl for the election of school trustees which is allowotl by the Municipal Institutions Act (which may be in force at the time) for the election of municijml councillors in such munici- palities. (Rev. Sch. Act, s. U6; also, ss. 39, 40, 58, 59.) Note. — The Municipal Institutions Act (Rev. Stat, c. 174, s. 112) provides that the poll "shall continue open until five of the clock in the afternoon, and no longei." The time for the election of members of the township board of school trustees shall therefore be from 10 a.m. until 5 p.m., on the second Wednesday of January. The poll cannot be closed before 5 p.m. 8.— Qualiflcatioiis of Members of the Township Board The qualifications of members of the township board are : (1) that they shall be residents in the township ; (2) natural bom or natural- ized subjects of Her Majesty ; (3) males of the full age of twenty-one years ; (4) not disqualified under the Municipal Act ; and (5) have at the time of the election, in their own right or in the right of their wives, as proprieUn-s or tenants, a legal or equitable freehold or lease- hold, or partly legal and partly equitable, rated in their own names on the last revised assessment roll of the municipality — a freehold to at least the value of four hundred dollars ($400), or a leasehold to the value of eight hundred dollars ($800). (Rev. Sch. Act, s. 145, and Revised Munici2)al Act, c. 174, s. 70.) Note. — The school law differs from the municipal law in requiring all members of school trustee corporations to be residents of their school division. Under the 147th section of the Revised School Act, they are made "subject to the same duties and obligations as trustees of rural school sections." l^iese "duties and obligations" are fully set forth in chapters i. and ii. of Fnrt I. of these Lectures. They are too numerous to be repeated here. See especially chapter i. section 3, page II, as to the eight ways in which "the office of school trustee may be vacated." 9.— Powers and Obligations of the Township School Boards. The township school board, on its election, is to be designated " The Public School Board of the Township of , in the County of ," and shall be invested with, and possess, exercise and enjoy all the rights, property, powere and incidents, and shall be subject to the same duties and obligations, as trustees of rural school sections, under the provisions of this Act ; and in any other statute, by-law, regulation, deed, proceedings, matter or thing, shall be construed to stand and to be substituted for each and all of the trastees of the former school sections of the township." (Rev. Sch. Act, s. 147.) Note. — Thus the new township board succeeds at once to all the powers, rights, duties and obligations of each of the school section corporations which it has super- ^'ll. €hap. VII.] TOWNSHIP trustees' BOARD. 149 «eded ; and in it is vested all the school property of every description in each of the several sections. The other powers and duties of township school boards are identical with those enumerated in chapters i. and ii. of Part I. of these Lectures, pages 9-24. (See note to preceding section of this chapter.) 10.— Township Boards and Union School Sections Unions of parts of adjoining townships with a township in which A board has been established, may be formed as pointed out in sections S, 9 and 10, of chapter iv., pages 129-133. 11-— Township Boards in Counties not organized, &C. The law provides that township boards may be formed " in muni- cipalities composed of more than one township, but without county organization, consisting of five members elected annually on the second Wednesday of January." (Rev. Sch. Act, s. 33.) Note i. — Election of Trustees. — This section of the Act (although general in its applicatior to organized and unorganized townships in a municipality) was framed chiefly to meet the case of the municipality of Shuniah, composed of several town- ships in the District of Algoma. It makes no provision, as in the case of ordinary townships (Rev. Sch. Act, s. 143), for the division of the municipality into wards for school election purposes, owing to the peculiar circumstances of the case, and the fact that some townships in the municipality might be unorganized. The first election must, therefore, be held throughout the municipality on the day named, at such convenient places as may be designated by the municipal authorities. Each elector has a right to vote for the five trustees. The election is by open vote, and not by ballot. Each subsequent annual election shall be held at such places in the municipality as may be fixed by the board itself. (Rev. Sch. Act, s. 33.) Note 2. — Powers and Duties of Trustees.— These are identical (so far as circum- stances will permit) with those of public school trustees generally. They involve, ( 1 ) The establishment of such school or schools in the municipality, and the employ- ment of qualified teachers, as may be petitioned for by at least five heads of families ; (2) The collection of school rates either by their own authority or by the municipal council upon their estimate at their request. (Ibid.) Note 3. — Assessment Rolls. — The law provides that "where any township, under the jurisdiction of a township board, is unorganized, appeals against its certified assessment roll, made out by a person appointed by the board, shall be made to the stipendiary magistrate, or judge of the district or county, who has jurisdiction in other matters therein." (Rev. Sch. Act, s. 34.) (See in this con- nection sections 4-8, chapter xii., Part I. of these Lectures, pages 79, 80.) Any expenses incurred by the magistrate in the discharge of his official duties impose) Notice of the day of voting shall be given not less than three or more than five weeks after the first publication of the repealing by-law. (Ibid.) (c) A copy of the repealing by-law, verified by the township clerk, shall be published weekly for three week* in some public newspaper in, or nearest to, the municipality or county town; and a copy of it shall be put up for the same time in four or more of the most public places in the wards, (d) The by-law thus advertised and voted upon shall be taken into consideration by the council one month after its first publication, and this fact shall be intimated to the electors in the notice reciuired by the township clerk. 13.— Time when Township Boards are dissolved. After the result of the voting for the repeal of the by-law establish- ing a township board has been ascertained, the council is required to pass a by-law to give that vote effect without delay. This by-law must be passed at least three months before the first of January, at which date it will take effect. (Rev. Sch. Act, s. 151.) 14.— Nature of the repealing By-law to be passed. The by-law to be passed by the township council shall not only repeal that under which the township school board was established, but it shall provide for the re-establishment of scliool sections in the township. (Rev. Sch. Act, s. 161.) 15.— Adjustment of Interests on repealing the By-law. After the passage of the by-law dissolving the township board, the law requires the township council to appoint the county insi^ector, with two other competent persons, not residents of the township, to- value and report upon the value of the school houses, sites, and other property which may thereupon become the property of the school sections re-established, and adjust and settle tlie respective rights and claims consequent upon the repeal of the by-law. (Rev. Sch. Act, s. 151.) 16.— How the new Law affects old Township Boards- After the first day of January, IS'i "3, the law and regulations above cited shall apply to township boards formed previous to the year 1877. K' [151] i; CH^FTER VIII. POWER OF TOWNSHIP COUNCILS TO RAISE SCHOOL MONEYS. 1— Power of Councils in regard to providing Sohool Moneys. The achool law makes a distinction between tbe " power " and " duty " of township councils, in regard to providing school moneys. Each may be considered under the following heads : — 1. The discretionary power of councils to — (a.) Raise money at its pleasure (under the municipal law). (6.) Raise money at its pleasure (under the school law). 2. The duty of councils to — (c.) Authorize trustees to borrow money (under the School Act). (d.) Raise money at the request of trustees (under the school law), (e.) Issue debentures for authorized school trustee loans. 2 —Power to raise Money (under the Municipal Law). The Municipal Institutions Act gives township councils discre- tionary power to pass by-laws ; " For obtaining such real property as may be required for the erection of public school houses thereon, and for other public school purposes (and for the disposal of the same when no longer required) ; and for providing for the establishment and support of public schools accoi-ding to law." (Rev. Stat. c. 174, s. 461, cl. 6. See also Rev. Sch. Act, s. 80, cl. 1.) This section of the Act, therefore, provides for the — I. School Houses and Sites, viz. : — 1. Purchase of public school sites. 2. Sale of public school sites. 3. Erection of public school houses. 4. Establishment and support of public schools according to law. Note. — This clause of the Act limits the discretionary power of the council to the purchase and sale of school sites, and the erection of school houses "according to law." The Queen's Bench (i8 Q. B. 227) has decided that the phrase "accord- ing to law," means "according to the provisions of the school law." II. Poor School Sections. — The Municipal Institutions and School Acts also authorize township and other councils, by by-law, to grant any portion of surplus moneys set apart for educational purposes, or other general funds, by way of gift to aid poor school sections within the municipality. (Rev. Stat. c. 174, s. 361. Rev. Sch. Act, s. 94.) III. Building and Improving Schools. — The School Act declares that all moneys paid to any municipality, or to which it is entitled, 152 TOWNSUIP COUNCIL RATES. [Chap. VII 1. under the Municipal Loan Fund ActH, shall be applied by the muni- cipality in aid of building or improving Hcbools, or shall bu ai)plied in or to the other purposes spocitied in said Acts. (Rev. Sch. Act, s. 95.) 3.— Power to raise Money (under the School Law). The school law authorizes a township council at its discretion to pass by-laws as it judges expedient, for the following purposes : — 1. To provide for obtaining such real property as may bo requiiwl for the erection thereon of public school houses, and for other [)ublic school purposes ; and for providing any adtlitional sums for the estab- lishment and support of public schools according to this Act. (Rev. Sch. Act, s. 80, cl. 1.) Note.— This section is almost identical with the one quoted in the preceding section from the municipal law. 2. To purchase " books for a township library, nndor such regula- tions as may be provided in that behalf." {Ibid. cl. 2.) NoTK. — A township library mty he made available to the ratepayers of the municiiiality in two ways: — (I.) By bein;; kci)l at some central place, or places, in a township, and changed from time to time; or, (2.) it may be distributed to the several school sections, so as to rotate among them. In either case the council <:an thus provide fresh reading matter, at a small cost, to all the inhabitants of the township. 3. To procure a site, erect a building, and support a township model school, under the direction of the council. Note. — These township model schools would be invaluable, if really model schools and pro[)erly managed. They were designed simply as "models" of good rural schools, but not as training scliools for teachers. They might thus shew what could be done in every rural section in the way of classification, order, method, and efficiency. The county model schools are ilesigned for another purpose — that of training third class teachers in the theory and practice of their profession. 4. To set apart surplus moneys for educational purposes, for loans to public school trustees. [Ibid. cl. 6. See section 12, page 157.) 5. To apportion out of moneys raised by rate, or out of other moneys at its disposal, sums to supplement, at a fixed rate, public school teachers salaries. (Ibid. cl. 7.) Note. — The object of this provision of the law was to encourage trustees to give good salaries to teachers, and to enable teachers to receive a pro rata bonus on those salaries. The sum thus paid was to be "equal to such proportion (as the council may see fit) of the actual salaries paid in the respective school sections during the year then last past, to the public school teachers of such sections." 6. Aid poor school sections. (See clause ii., section 2, page 151.) 4.— Duty of Councils to raise School Moneys for Trustees. Trustees of rural school sections have the power either to raise such sums (under their own warrant) as they may require for any school purpose, or to apply to the township council to do so for them. Chap. VIIT.] TOWNS II IP COUNCIL RATKS, lft3 All that the school trustees have to do is to seiul in their i-equisition to the township clerk (in the form provided*), specitying the anion nt« required to meet the school ex})enseH of the year under their profK>r heads (see form), notifying the clerk that the assessment roll is to be made out in accordance with the Revised School Act, s. 7W, els. 5, 6 and 7, and h. 102, cl. 12. Should the trustees make an applica- tion to the council to raise the money required, the council has no option but to do so, and to levy the amount by assessment ujwn the ratable^property of the section concerned. Should the council refuse to levy the rate, it can be conq)elled to do so by mandamus. (Stie Part T., chapter iii., section 13, page 3G.) Note. — A iHandamus is a command issuin;^ in tlit name of the sovereign from a superior court having jurisdiction, and is directed to some pers.ni, corporation, or inferior court, within the jurisdiction of such superior court, recpiiring him or it to do some particular thing therein specified, which appertains to his office and duty, or to shew cause why he has not done it. This writ was introtluced to pre- vent disorders from a failure of justice; therefore it ought to be used upon all occasions wliere the law has established no specific remedy, and where, in justice and good government, there ought to be one. 6.— Purposes for which the Counoil must levy Rr os, if asked. Trustees have thus the power, unaei the School Act, to compel a township council to levy a rate upon their section for the following purposes, as may be determined by the trustees, viz. : — 1. Purchase of a school site. 2. Erection or rent of a school house. 3. Repaii-s to, and furniture and fittings for, a school house and its appendages. 4. Erection and repair of fences and outbuildings. 5. Erection, pui'chase or rent of a teacher's residence. 6. Purchase of maps and apparatus for the school. 7. Purchase of text, libraiy and prize books. 8. Salary of the teacher, assistant or monitor of the school. 9. Any other expenses of the school. (Rev. Sch. Act, s. 78, cl. 8.) Note. — The necessary rates for these purposes must be raised by township councils "upon the taxable property [of the] school section, in the manner pro- vided by this Act, and by the municipal and assessment laws [in force] at the time [of levying] the rate. The council has no discretion, but must levy and pay over to the trustees the exact amount asked for by them." Any fees or charges for the collection of the rate must be ])rovided for by including them in the rale levied. (See Decisions of the Courts, chapter ix.) 6 —Limitation as to time of applying to the Council. Although the trustees themselves may levy a school i-ate upon the property of their section as often as they please, yet they can only require a township council to do so once a year (except for the pur- chase of a site for the erection of a school house) ; and even then * Form supplied by Messrs. Copp, Clark & Co., Toronto, free of postage, for 5 cents. I ,t I ' I 154 TOWNSHIP COUNCIL RATES. [Ghap. VIII. tlieir application to the council for the levy of a rate for any purpose must be made to it "at or before its meeting in August." (Rev. Sch. Act, s. 102, cl. 12. See next section.) Note. — In the requisition from the trustees to the council, the purposes for which the money is required should be stated. (See section 1 1 of this chapter, page 156; also chapter ix., section i.) 7. —Permission to Trustees to raise Money by Loan. Should the trustees of a school section desire to raise such a sum of money by loan as they (the trustees) may requii'e for the erection or repairs of a school house, they must apply to the township council for authority to do so (at any time during the year), as explained in the next and 11th sections. The council has no option, but must give the trustees the authority asked for, and pass a by-law on the subject providing for the — 1 . Issue of township debentures for the amount of the trustees loan. Note i. — These debentures must be in the form designated in the schedule of the School Act. * They are to be issued for the amount of the loan which, 1 y the by-law of the council, the trustees "are authorized to make, together with a suffi- cient sum for the payment of the interest on the sum so borrowed, and a propor- tionate sum sufficient to form a sinking fund to pay off the principal at any time within ten years." (Rev. Sch. Act, s. 78, cl. 10.) Note 2. — While the trustees can ask the township council at any time for authority to raise money by loan ; yet if they require the council to raise money l)y rate, thev must do so before its August meeting. (Rev. Sch. Act, s. 102, cl. 12. See section 6 of this chapter, page 153.) 2. Levying of an annual rate upon the section concerned for the repayment of the loan. (Rev. Sch. Act, s. 78, els. 9, 10, 11.) Note, — The law provides that these loans may be contracted for "any period not exceeding ten years, as may be agreed upon by the trustees and the lender of the money. " The application for authority to raise money by loan may be made to the council at any time. (See note to section 6 of this chapter, also section 10.) 8.— Exposition of Law in regard to School Trustee Loans. The following exposition of the school law should govern all cases of aj^plications by trustees for authority to effect loans on debentures required to be issued for that purpose l9y township councils : — 1. The purposes for which trustees can legally borrow money on a loan, repayable after a term or period not exceeding ten years, are for expenditures on capital account, and not to meet current expendi- tures for the maintenance or carrying on of the school in any year. This latter mtist be provided for by rate levied by the trustees, or, on their requisition, by the township council, and may inchide salary of teacher, and other annual outgoings for the mauitenance of the school. * Copies of the anthorizcd debentures for these loans, with coupons attached, can be obtained from Messrs. Copp, Clark & Co. (publishers of these Lectures), or from any bookseller, or at the Kducational Depository, at 15 cenU, free by post. Chap. VIII.] TOWNSHIP COUNCIL RATES. 155 ' Note. — The following form of by-law, prepared by the Minister of Education, contains all the requisites which any court can think legally necessary. It will form a safe guide, if properly adapted to the special facts and circumstances of each case : — Province of Ontario. Township of - -, county of ■ — . By-lav numbered — , to raise by way • for the purposes of public school section No. — , of of loan the sum of - said township. Whereas the public school trustees of section No. — , in the said township of , have required the municipal council of the said township to sanction the borrowing by the said trustees of the sum of dollars, by way if loan, repay- able on the expiry of [not to exceed ten] years from the day on wl.ich the by-law is to take effect, with interest in the meantime at the rate of six pev cent, per annum, payable half-yearly, in order that out of the moneys so borrow eti the said trustees may pay [/or the purchase of a school site, the ere(.iion (or repairs) of a school house and its appendages required in and for said school section, or the purchase of a teacher'^ residence (as the case may be) ] ; And whereas the total amount required to be raised annually by special rate for paying the said debt and interest under the terms of this by-law Is the sum of dollars ; And whereas the amount of the whole ratable property of the said township of -, according to the last revised assessment roll, is the sum of dollars ; And whereas the municipal corporation of the said township [has no existing debt (or, as the case may be, is now indebted for principal m the sum of $ , and for interest in arrears) ] ; And whereas the amount of the whole ratable property in th-.- said school section, according to the last revised assessment roll, is the sum of dollars; And whereas the said school section has no existing debt [if there is any debt it should be stated, as in the recital of any debt of the township municipality] ; And whereas the annual special rate of in the dollar on the said amount of the ratable property in the said school section is required for paying the interest and creating a yearly sinking fund for paying the principal of the said debt ; And whereas the said debt is created on the security of the special rate aforesaid, and on that security only ; The municipal council of the said township of enacts as follows: 1. It shall be lawful for the reeve of the township of to raise, by way of loan, from any person or corporation who may be willirtr to advance, upon the credit of the debentures hereinafter mentioned, the sum ot dollars, for the purpose and with the object above recited. 2. It shall be lawful for the said reeve to cause one or more debentures to be made to the amount of the said sum of dollars in all, but not less than one hundred dollars each, and that the said debentures shall be sealed with the seal of the said municipal corpor.''tion, and be signed by the said reeve, and countersigned by the treasurer thereof.* 3. The said debentures shall be made payable in [not to exceed ten] ) ears from the day hereinafter mentioned for this by-law to take eflect, at the othce of the bank of in , and shall have attached to them coupons for the pay- ment of interest. 4. The said debentures shall bear interest at the rate of six per cent, per annum from the date hereof, which interest shall be payable half-yearly on the — day of , and the — day of , in each year, at the said office of the bank aforesaid. 5. For the purpose of forming a sinking fund for the payment of tiie said deben- tures, and the interest at the rate aforesaid to become due tliereon, an e(jual special rate of — cents in the dollar shall, in addition to all other rates, be raised, levied * Printed forms of debentures, with ten years' coupons attached, are for sale by Messrs. Ccpp. Cl.irk Sk Co., 47 t'ront Street, Toronto, cr through, any boolucller, at 15 ctnts cauh. 156 TOWNSHIP COUNCIL RATES. [Chap. VIII. !l i and collected in each year upon all the ratable property in the said school section, during the continuance of the said debentures, or any of them. 6. Thii by-law shall take effect and come into operation upon the — day of \iAe same day as the debentures are to he dated ; and it should he selected with reference to the time the special rate should be collected in each year, so there may be funds on hand to pay interest, and, at maturity, to pay principal\. 2. The trustees can, however, also borrow money, to be repaid within the year, out of the rates for that year, in order to enable them to pay the teacher's salary quarterly, accordi:i^ to section 102, clause 11, of the Revised School Act. 3. Expenditures on capital account are, as expressed in the School Act, such as the trustees think necessary, (1) for the purchase of school sites ; (2) for the erection or repairs of a school house or school houses, and their appendages ; or (3) for the purchase or erection of a teacher's residence. 4. A township council is bound to recognize such action of the trustees, and on their requisition to issue township debentures for the amount of the required loan, to bo repayable in any period within ten years. .5. A township council is further bound to levy in each year, on the taxable property of the school section concerned, a sufficient sum to pay the interest on the debentures, and also to form a sinking fund sufficient to pay off the principal sum on the expiration of the period when the debentures become due. Note. — The debentures cannot bear a higher rate of interest than six per cent, per annum, nor can they be redeemed by instalments. (See section lo below.) G. A township council itself, however, cannot borrow money for school purposes (any more than for municipal purposes) without adopt- ing the formalities prescribed by the municipal law ; and hence a town- ship by-law to create a debt and issue debentures for school purposes, must conform to the special requisites to be found in sections 330 and 331 of the Revised Municipal Institutions Act, chap. 174. 7. The by-law of a township council, authorizing the issue of deben- tures for a school loan, does not, under the school o)' registry law, i-equire to be registered. There is no provision in the Registry Act tor registering other by-laws than those under which a street, road or highway is opened uj)on any private property. (Rev. Stat. e. Ill, .s. 73.) But the Municipal Act requires the treasurer to keep and use a debenture register book, in which to enter *he ownership and subseqtient transfers of every debenture issued by the municipality. (Rev. Stat. ch. 174, s. 391.) This registi~ation does not, however, give any additional validity to the debenture, but simply keeps trace of who the holder is. 9. —Procedure in granting leave to TruEitees to borrow Money. In the by-law of a township council authorizing trustees to borrow money (as indicat^id above), provision must be made for the levy in Chap. VIII.] TOWNSHIP COUNCIL HATE9. 15T each year, on the *' taxable property of the section concerned, and upon such other taxable property as is herein (see next section) made- Hable, in case of an alteration in the boundaries of the section or divi- sion, a sum sufficient to pay the interest on the amount borrowed by the trustees on the authority of the council, and also a sum sufficient to pay off the principal during any period not exceeding ten ^ears." (Rev. Sch, Act, s. 78, cl. 11.) Note. — The school law specially provides, that the by-law authorizing this loan by the school trustees '"shall not be required to be submitted to the vote of the electors or ratepayers." (Rev. Sch. Act, s. 78, cl. 9.) 10.— Union Section or Division liable until Loan is paid. From the time the by-law is passed, authorizing a loan by school' trustees, the proj)erty of the particular section, union, or division con- cerned (i.e., village or town, and pan of a township or townships) is- held bound for the payment of the necessary rate, until the principal and interest are paid off, even should an alteration of boundaries occur in the meantime. The words of the statute are : " Notwithstanding any alteration which may be made in the boundary of [a] school section or division, the taxable property situated in the school section or division, at the time when such loan was effected, shall continue to be liable for the rate which may be levied by the council for the repayment of the loan." (Rev. Sch. Act, s. 78, cl. 11 (a). 11.— How Trustees should apply to the Township Council. All applications from the trustees to the township councils to raise- money, either by vot« or by loan, should be in writing, and specific in their purport. These applications should contain an estimate* of the sums required by the trustees for the objects specified, laider the heads of the 1. Purchase of a school site. 2. Erection of a school house or sdiool houses, and their appendages. 3. Purchase or erection of a teacher's residence. 4. Repairs to the school house or school houses, and their appen- dages. Note. — The trustees are not required to ask the consent of the ratepayers to- the doing of any of the things mentioned in the estimate sent in to the council, or tlie providing for their purchase or payment. In these matters the trustees alone are to use their own unbiassed judgment, and must exercise their own discretion, without restriction or control from a public meeting, or any ratepayer or ratepayers. 12.— Township Councils may loan Money to Trustees. The foregoing sections relate to the power of township councils to' authorize rural school trustees to borrow money from private parties, or companies ; but the law also pnn'ides that moneys may be borrowed by the trustees from the council itself, out of surplus moneys set apart by the council for educational purposes. The council can invest thiS' 158 TOWNSHIP COUNCIL RATES. [Cbap. VIII. i i 1 i surplus in public securities of the Dominion, municipal debentures, first mortgages on real estate, or in loans to school corporations. (Rev. Sch. Act, ss. 55, 93-96, and ss. 360-362, Municipal Institu- tions Act (Rev. Stat. c. 174.) Note i. — Township councils have no power to give surplus school moneys to any section except poor school sections (or part union sections) within the munici- pality. It may, however, under the Revised School Act, s. 8o, cl. 7, and a by-law devoting such surplus to educational purposes generally, make an annual appropriation of such surplus to all of the school sections in the township, in such proportion as it sees fit of the actual salaries paid to the school teachers during the year then last past. Note 2. — Should the ori^^nal by-law of the township council on which the Lieutenant-Governor in Council ordered the payment of the surplus coming to the township, make any different appropriation (as for the erection of school houses), then such appropriation would be lawful. 13 —How Trustees may borrow Money from Munioipal Council Trustees dtdirous of borrowing money direct from the corporation of their municipality may do so, with the consent of the freeholders and householders of their section, first had and obtained at a special meeting duly called for that purpose ; but such sums can only be bor- rowed out of money set apart for educational purposes for the — 1. Purchase of a school site or school sites, or the 2. Erection of a school house or school houses. (Rev. Sch. Act, 8. 96. See also ss. 94 and 95, Municipal Institutions Act (Rev. Stat. c. 174. 14.— Consent of the Ratepayers to this Loan necessary. The law authorizing the trustees to obtain a loan from a municipal council, says : " Any school corporation may, with the consent of the [ratepayers] of their school section, obtained at a special meeting duly called for that pur^wse, by by-law authorize the borrow- ing from any municipal corporation," etc. The intention of the law is, that with the consent of the ratepayei-s, authorizing the loan, the trustees may pass a by-law, fixing the teiTn (or period of the loan) and " rate of interest," which are to be set forth in the by-law. Note. — The "by-law" had better first be passed by the school trustees, and submitted by them to the ratepayers for approval. In no other case is the consent of the ratepayers necessary, or required by law. (See Rev. Sch. Act, s. 78, cl. 9.) The " by-law " in this special case should be verified by the signatures of the trustees and the corporate seal of the section. (See note to (/) of section 9, chapter i., Part I. of these Lectures.) 16.— Payment of Uncollected Non-resident School Taxes. " If the collector ap|x>intetl by the trustees of any public school is unable to collect that jjortion of any school rate which has been charged * Blank forms for these estimates can be supplied by Messrs. Copp, Clark & Co., 47 From Stree Toronto, or the Educational Depository, at 5 cents each, free of postage. Chap. IX.] TOWKSHIP SCHOOL RATBH. 159 •on any parcel of land liable to assessment, by reason of there being no peraon resident thereon, or no goods and chattels to distrain, the trustees shall make a return to the clerk of the municipality, before the end of the then current year, of all such parcels of land and the uncollected rates thereon ; and the clerk of said municipality shall make a return to the county ti-easurer of all such lands and the arrears of school rates thereon. Such an-ears shall be collected anfl accounted for by such treasurer in the same manner as the arrears of other taxes ;* the township .... council in which such public school is situate, shall mike up the deficiency arising from uncollected mtes on lauds liable to assessment, out of the general funds of the municipality." (Rev. Sch. Act, s. 102, cl. 16 («-ayers was illegal ; but it appeared that the school house had been finished and occupied, many of the ratepayers swore that they were satisfied with what had lieen done, and the affidavits were contradic'ory as to how far the applicant had acquiesced in the proceedings. The by-law not Oeing illegal on the face of it, the court under these circumstances refused to interfere. Qucere, whether under the Consolidated Statutes (Public School Act), chapter sixty-four, section twenty-seven, sub-section ten and section thirty-four [now as altered (see note below). Rev. Sch. Act, s. 102, cl. 11], the concurrence of the freeholders and householders retjuired to- enable the trustees to call upon the council to levy money for the purchase of a school site, &c., can be expressed at the annual school meeting, without notice that the question will then be brought up. — In re Taber and the Corporation of the Township ef Scarborough, 20 Q. B. 549. Note. — By Rev. Sch. Act, s. 78, cl. 9, the concurrence of the ratepayers in the by-law autho- rizing; a school loan (or in the imposition of a school rate) is not necessary. Chap. IX.] TOWNSHIP SCHOOL RATES. 16. 5. Township Council cannot raise School Rate for County purposes — (Rev. Sch. Act, s. 80, cl. I, and s. 87). — The Court of Queen's Hench has decided as follows : A township by-law was quashed in so much as related to the raisinj^ of a sum of money to defray the demands of the county council on the township, and of another sum as an equivalent to the legislative school grant ; it not appearing in the face of the by-law that it was directed to the purpose of meeting a tleliciency, njr even that there was any, if that would have authorized the by-law. Semi/e, however, that a township council has not power to pass a by-law imposing a rate in aid of any county rate. The Municipal Act authorizes the county councils to pass by-laws to raise money for county purjwses, and the township council for township purposes; and the {eig/ily-siT'enlA \ section of the [Revised Statutes, chapter 204,] expressly makes it a duty of the county (and not the township) council to cause to be levied each year upon the several townships of the county, such sums of money as shall at least be equal (clear of all charges of collection), to the amount of school money ap(X)rtioned to the several townships out of the government grant. It does not appear necessary that a township by-law should set forth the estimates on which it is founded, and the court will intend that proper estimates have been made in the absence of evidence that they are wanting; nor that a by-law should state that the rates are calculated at so much on the actual value, and in the absence of anything to the contrary, the court will intend that the council has followed the directions oi the statute. — fietcher v. Municipality 0/ Euphrasia, &'c., 13Q.B. 129; IVAUe v. Municipality of Collingivoody 13Q.U. 134. 6. Tffwnshi/) Council cannot interfere with the establUhed School System — (Rev. Sch. Act, s. 80, cl. i). — The Court of Queen's Bench has decided the following case : A by-law of the defendants, passed on the first of October, 1855, enacted that for the purpose of remedying unequal taxation for the support of common schools, there should annually be appropriated out of the general funds of the township, so much as to the municipality for the time being might seem reasonable, not being more than would be sufficient, if added to the common school fund for the year, and equally divided amongst the sections, to pay the average wages of a third-class teacher for twelve months ; that on or before the second Wednesday in January in each year, the treasurer should apportion such money according to the time that a school should have been in operation in each section under a legally qualified teacher ; and that the sum assigned to each section should be paid on the order of the majority of the trustees, on certain conditions mentioned in the by-law. Another by-law was passed in 1858, in accordance with the previous resolutions of the same year, that £250 should be apportioned from the township funds that year, "in accordance with the by-law provided in such case ;" and it is enacted that certain sums should be assessed and collected, among which wa.s — "vote in aid of education, $1,000." Chief yustice Robinson deliveretl tJie judgment of the court : With respect to the by-law passed in 1855, if it had gone no further than to appropriate a sum for that year, out of the funds of the town.ship, to be applied to the support of common schools, we should not have interfered so long after its operation had been wholly spent, and apparently acquiesced in ; but it is, on the face of it, permanent in its character, and it seems to have been prassed altogether in disregard of the provision of the Common School Act. * * * It is plain, from the recital in this by-law, that it professes to substitute a system devisetl by the municipal council for that laid down Li_. the legislature, for the support of common schools. It is evident that that by-law was not intended to co-exist with the method o( raising funds in the township laid down in the School Act. * ♦ * We think we are bound to say that it is wholly lieyond the authority given to the township councils, and that we cannot forbear quashing a by-law which is not shewn to have been repealed, and which professes to establish a system for raising money annually for the support of common schools, in a manner decidedly at variance with the statutes of the province, and without that reference to the judgment of the school trustees, and to the wishes of the inhabitants, which the legislature intends shall form part of the system. However convenient or good Vi 162 TOWNSHIP SCHOOL RATES. [Chap. IX. the system provided liy the by-law might prove in itself, the township council had iiu authority to adopt' it. We therefore make absolute the rule for quashing that by»law. — In re Duulop and tht Tcwnthip of Douro, l8 Q. B. 227. 7. Principle of Dislrilmlivn of Tmviiship School Funds to Fublic &^«>/j— (Rev. Sch. Act, s. 80, cl. 7, and s. 94). — A township by-law enacted that the interest arising on the invested funds for schools in a township should be apportioned on and acconling to the number of days the schools had been open or taught in each half yuar. It was objected that the by-law was one made under the 37 Vic, c. 28, sec. 48, sub-sec. 4, Ont. [now Rev. Sch. Act, s. 80, cl. 7), which did not authorize this method of apportionment. The court refnseportionnient as provided by earlier by-laws and resolution, and in effect produce no change, and moreover the mnnici|>ality, under sec. 153 [now Rev. I'ul). Sch. Act, s. 94], could by another mode do what the by-law pur^iorted to do. Qucere, whether tlie money in question, having been si^ecially appropriated by by-laws unn having been quashed, the council then, without a second school section meeting having been called, passed another bv-law for the same purpose. This was moved against on several grounds. //(■/,/, on the several objections taken : i. That the discretion to apportion the sum rctiuired, i.e. to raise the sum within any number of years, not more than ten, rests a.s much with the council as with the school meeting or trustees. 2. That (he rate was not declared on the property assessed in a previous year ; but only the amount to be raised was determined by reference to the assessed value of property in that year. 3. That the rate not being complained of as excessive, its being calculated to realize more than the precise sum required did not render the by-law invalid. 4. That a second meeting of the inhabitants, after the former by-law had been quashed, was not necessary. [Note. — The consent of a public meeting in these matters is not now required under any circumstances.] 5. That the duty imposed on the clerk in making out the assessment list of the section, in accordance with the township by-law, was in accordance with the statute. 6. That the rate was properly assessed upon the whole ratable properly of the school Siction. (Rev. Sch. Act, s. 108, cl. 6.) 7. That a proviso of the by-law sanctioning receipts, pro tanto, given to those who had paid under the invalid by-law, dioro\ 5 C. P. 141 ; Reid v. Hamilton, 5 C. P. 269 ; Allen v. Toronto, 6 C. P. 334 ; Oarmuhael v. Slater, 9 C. 1'. 423. Note. This deci<.ioii has been praclically reversed in Hodginn v. t orporation of Huron and Bruce, 3 Grant, Error and Appctl, 169 (See decision No. 5 of section 4, chapter xiii.) MiscEi-LANiioiis Decisions ok the Superior Courts fn reoard to the Assessment and Collection of Municipal Rates. 1. School and Church Property exempt from Taxation. — Section 8 of the Assess- ment Act of 1866 [now Rev. Stat., c 180, s. 6, cls. 3, 4, 5,] clearly exempts church and school property from local as well as other taxes. — tiaynes v. Copeland, 18 C. P. 150. 2. Unsunnyed Lands exempt from Taxation. — Land not described by the Surveyor-General, as unsurveyecl, is not H.able to be taxed. — Doe dem. Bell v. Orr, 5 O. S. 433. 3. Lands granted by the Crown liable to Assessment. — But lands "described as granted " by the .Surveyor-General are taxable, under 59 Geo. III., c 7, although no letters patent for them have ever issued. — /^oe dem. McGillis v. McDonald, I Q. B. 432. NoTB. — See Rev. Stat., c. 180, ss. 106, 107, 126. 4. Appeal to Court of Revision and not to County fudge. — Held, following Cot' poration of Toionto\. Great [■Vestern Railway Co., 25 Q. B. 570, that a person assessed for property exempt from taxation, who has appealed to the Court of Revision (but not to the County Judge), is bound by their decision. — Scrags v. 7'he Corporation of the City of London, 26 Q. B. 263. 5. kV/ien appeal to Court of Revision is necessary. — It is no defence to an action for taxes, that defendant's pro))erty was rated higher than the average value of the land in the locality as assessed for the same year. The only remedy in such a case is by appeal to the Court of Revision. — S. c, lb., 267. 6. Name of' (kvner and Occupant to be entered b% Assessor. — Section 24 of C. S. U. C, c 55, [now Rev. .Stat., c. 180,] rrtjuiring the names of owner and occupant to be entered, applies to the assessor's roll only, not to the collector's. — Coleman v. AWr, 27 Q. B. 5. (See Rev. Stat., c. 180, s. no.) 7. Meaning of " Lands of Aon-Residents." — The term "lands of non-residents " means unoccupietl lands not assessed against the owner or occupant. — Maa v. Ruttan, 7 U. C. L. J. 299. C. C— Mackenzie. 8. Hnv Non-Residents are to be Liatai — May be sued after five years' default. — Hdd, under 16 Vic, c. 182, [now Rev. Stat., c 180,] that a non-resident owner of lands can only be rated on the assessment roll by nameaX his own request. The taxes due on lamls of non-residents cannot be sued for as a debt until they have been five years in arrear, and cannot be realized by a sale of the land in manner provided for in the Act. Macaulay, C. f., dissentietite. — The Municipality if Berlin v. Grange, 5 C. P. 211. Affirmed on Appeal, i E. & A. 279. 9. Occupied Land improperly assessed as a Non- Resident's. — Held, that under the facts stated in this case, the land was improperly assessed for the year 1858 as non-resident, being occupied, and that the sale being therefore for more than was due, w.as entirely void. — Allan v. Fisher, 13 C. P. 63. 10. Mistake in assessing Resident as Non-Resident. — The entry of a party on the assessment roll as resident, when in fact he was a non-resident, did not render his assessment nugatory. — De Blajuiere\. Becker, 8 C. P. 167. 11. Neglect to obtain address of party assessed not material. — ILeld, that the neglect of the collector to inquire with sufficient care for the address of the party Chap. IX.] TOWNSHIP SCHOOL RATES. 1«5 assessed on his roll, in order to transmit a statement by post under the 41st section ■of 16 Vic, ch. 182, [now Rev. Stat., c. 180, s. 92,] did not invalidate a sale of Jam! made for non-payment of those taxes. — Allan v. Fisher, 13 C. 1'. 63. 12. Omission to distiitguish value of Railway Road lied and other Land may bt remedied. —The omission of the assessor to distinguish, in his notice to a railway company, between the value of the land occupied by the road and their other real property, as required by the Act, does not avoid the assessment. Such an omission miy be corrected on appeal by the Court of Revision and County Court Judge. — Strang v. Corporation of London, 26 Q. \S. 263, dissenting from Great Western iRailway Co. v. Rogers, l6 (^. H. 500, apjjroved of and followed on this point. The Great Western Raihvay Co. v. Rogers, 29 Q. B. 245. (See Rev. Stat,, €. 180, s. 26.) 13. Land occupied by Railway, not superstructure, liable to assessment. — Under 16 Vic, c 182, s. 21, [now Rev. Stat., c. 180, s. 26,] only the land occupied by a railway is subject to assessment, not the superstructure. — Great Western Railway Co. v. Rouse, 15 Q. B. 168. 14 A future occupant liable for unpaid Rates.— Held, on demurrer to the plea and avowry set out and reversing the jmlgraent of the County Court, that the goods of a future occupant, who took possession of premises after assessment, and was in possession before the return of the collector's roll, were liable to distress for taxes .assessed in respect of the premises against the previous occupier ; and that a demand upon him before distress was not necessary, as the collector had already made one on the previous occupier, which was all that the Assessment Act required. Held, also, that the goods were liable to be distrained, though they •were not at the time on the property actually assessed. — Anglin v. Minis, 18 C. P. 170. Note. — This decision i« in harmony with the one hundred and fifth section of the Assessment Act (Rev. Stat., c. 180), which declares that " the taxes accrued on any land shall be a special lien on such land, having preference over any claim, lien, privilege or encumbrance of any party •except the Crown, and shall not require registration to preserve it." 15. Distraining goods of a stranger. — LLeld, that no action on the case will lie against a collector of taxes for di.straining the goods of a stranger without necessity, upon the allegation of there being goods enough of the defendant in the warrant out of which the money conld have been made. — McElheron v. Menzies, 7 U. C. L. J. 244. C. C. — Mackenzie. 16. Overdue Taxes may be collected. — Defendant was duly appointed collector of the municipality for the years 1865 and 1866. Lfeld, following Ne^vberry v. Stephens, 16 Q. B. 471 ; Chief Superintendent of Schools v. Farrell, 21 Q. B. 441 (see School Law Lectures, Part L, chapter iii., section 12, clauses 3 and 4), and McBridew. Gardham, 8 C. P. 296, that he had authority in 1866 to distrain for the taxes of 1865, upon the owner of premises duly assessed. — Coleman v. Kerr, 27 Q. B. 5. (See Nos. 21 and 23, page 166.) 17. Overdue Taxes may be collected. — Held, that taxes collected during the year 1857, which were overdue since 1855, and charged in the assessment roll of 1857, by a resolution of the proper authorities to that effect on the 7th of December, 1857, after the expiration of the usual time (see 18 Vic, c. 21, s. 3), [now Rev. Stat., c 180, s. 102,] was valid and legal. — McBride\. Gardham, 8 C. P. 296. (See Rev. Stat., c. 180, s. Ili, cl. 3, and ss. 102 and 185.) 18. Distress for more than due. — A collector having legal authority for the col- lection of three suras, being the rates for three specific years due for taxes, distrained by his bailiff for the amount of them with other sums not properly col- lectable upon replevin. Held, that the three legal distresses were separable from the illegal ones, and until the sums due on them were paid, replevin would not lie, — Corbett V. Johnson et al., II C. P. 317. 160 TOWNSHrP SCHOOL KATES: [Chai.. IX. 11 19. Executors and Devisees in trust personally liable for Taxes on the Trust Lands. — Where executors anil ilevisees in trust of land were asKcsscd as owners ; held, that they were properly so assessed, and that their own tjoods uiijjht jju seized for the taxes, — Dennison v. Henry, 17 Q. H. 276. (See decision of C. P. on similar matter in Part I. of these Lectures, chapter iv., section lo, clause (5.) 20. Assessors not bound to inquire into TruHts in Laiul. — I/eid, that the assessors are not bound to inquire into trusts upon which lands are held, but to view each man's premises and find out whether or not he •:. arsessable, or comes under any of the exemptions allowed ; and that the r.ssessor upon seeing a dwelling house occupied as such by a minister of religion for his private residence, is bound to assess the occupant for it, no matter upon what trust the freehold in the land upon which the house stands is held. — Franchon v. The Corporation of St. Thomas, 7 U. C. L. J. 245. C. C— Hughes. 21. Rate must be on whole of Taxable Property. — In replevin for plaintiff's goods, defendant made cognizance, justifying as bailiff of a collector of sehdol rates, under a warrant from him. I'laintiff pleadetl, first, that the rate was bad, as not being levied according to the valuation of the whole taxable property in the school secticm as expressed in the assessor's and collector's roll, pursuant to the statute, but that it was levied wrongfully upon only three-fourth parts of such taxable pro- perty. Secondly, that at the time said rate was imposed, there was a Protestant separate school which had been long before established, and that plaintiff for a long time before the imposition of the rate had l>een, and at the time of its imposi- tion was sending his children to said school. To the first plea defendant replied that the rate was duly imposed, because at the time of its imposition, and long before then, there was a union separate school of the townships, &c., for coloured people, the limits of which took in the whole of the section in which plaintiff resided, and the trustees of said section properly omitted the names of the coloured people in said section from said rate bill. Held, on demurrer, reversing the judgment of the County Court, that the first plea was good but the second bad. Held, also, affirming the judgment of the County Court, that the replication to the second plea was baA. —Harlinif\. Maynille, 21 C. P. 499. (See No. 9 of these cases, page 162, and No. 13, chapter xi.) 22. A Collector may sue fo^' Taxes. — A township collector may sue for the amount of an assessment for common schools, under 4 and 5 Vic., c. 18, [now Rev. Stat., c. 204, s. 113,] in a Division Court. — McGregor y. Whit, 1 Q. B. 15. 23. Collector not liable for Trespass — A note no paymtnt for Taxes. — Replevin for horses. Plea, justifying the taking under a warrant for school taxes, and alleging that they were delivered by the collector to defendant, an innkeeper, to take care of until the sale. Replication, setting out facts to shew that the rate was illegal, and averring that the plaintiff after seizure of the goods, at the request of the col- lector and school trustees, gave his note for a sum named (not saying that it was the amount due by him), payable to bearer, which was accepted in satisfaction of the taxes ; that the collector released the property seized, and said note is still outstanding, and the plaintiff liable upon it, and that the seizure in the plea men- tioned was made afterwards. Held, on demurrer, replication bad, for i. The collector acting under a warrant, legal on the face of it, would not be liable in trespass or trover, and therefore not in this action, nor the defendant for taking the horses from him to keep ; and 2. Even if the note had been alleged ti.> be for a sufficient amount to pay the rate, yet the improper acceptance of it by the school trustees would not prevent them from afterw?"ls distraining. — Spry v. McKemie, 18 Q. B. 161. [See School Law Lectures, Part I., chapter iii., section 12, clause 2.] (See the comments on this case in Coleman v. Kerr, 27 Q. B. 5 (Nos. 6 and 14, pages 164 and 165 of these Lectures, and in Hurling v. Mayville, 2i C. P. 499 (No. 21, above). 24. Collector liable for CKts of Bailiff. — A bailiff having a warrant from the col- lector to distrain for taxes due by A. on his lands, went to the premises, where A. Chap. X.] CITY, TOWN AND VILLAOE COUNCILS. 167 pointed out to him property of his own amply sufficient to cover the amount flue. Tlie bailiff, however, insisteil on seizing a pair of horses then in the stable, and which A. was at the time putlintj to a wa(,'gon in order to use them ; but A. refuswl to let him take these, sayinjj that they beionijed to his son-in-law, who liveil in the house, hut was then away from home. The bailiff declared that he seized them for the taxes, though he did not touch them, but A. drove them away; and three days after the bailiff retuined and took them from the stable, no one bein^j present. The owner replevied, and it appeared on the trial that the horses belonjjed to the son-in-law, who kept them in a jiari of the stable reserved for his exclusive use, There was no evidence that the collector interfered in any way in the execution of the warrant, the jury havinfj found for the plaintiff ajjainst both defendants. Held (Mc/.fun, J,, dissentinjj), that the horses were in the possession of A., and liable to seizure under the i6 Vic, c. 182, s. 42 ; that the facts proved amounted to a distress, and that defendants therefore were entitled to succeed, thoujjh the bailiff might, perhaps, be liable in another form of action for his unreasonable conduct. Qiucre, per Robinson, C. y., whether the collector in this case could be held liable for the acts of his bailiff. I'cr McLean, J. He was liable. — Fraser\. Pai;e and Hohlnns, 18 Q. B. J27. The Court of Commcm Fleas held, in another case, that a collector is responsdjle fc^r the acts of his bailiff holding legal authority (by warrant) from him so to act, and that an action will lie against them jointly. — Corbetty. Johnston, 11 C. P. 317. CHAPTER X. CITY, TOWN AND INCORPORATED VILLAGE COUNCILS. 1.— Powers and Duties of City, Town and Village Councils. The law requires city, town and incorporated village councils to — 1. Raise by asse.ssraent the equivalent to the legislative school grant. 2. Raise such sums of money, and in such manner, as may be required by boards of school trustees, as per their estimate laid before the Council. 3. Take security from all parties intrusted with school moneys. 4. Have the school accounts of the municipality audited, and make H return of them to the Minister of Education. 5. Enter on assessment roll the names of supporters of public and Roman Catholic separate schools, and the rates payable by them respectively. 2 — Fublio and Roman Catholic Separate School Supporters. The 90th section of the Revised School Act, in connection with the fiftl -lause of the 78th section, makes it the duty of the municipal council of every city, town and incorporated village " to cause the assessor of the city, town or village, in preparing the annual assess- i I 168 CITY, TOWN AND VILLAGE COUNCILS. [Chap. X. ment roll of tbe municipality, and setting down therein the city, town or village of the person taxable, to distinguish between public or separate, and in setting down therein his religion, to distinguish between Protestant and Roman Catholic, and whether supporters of public or separate schools, and the ai.sessor shall, accordingly, insert such particulars in the respective columns of the assessment roll pre- scribed by law for the municipality and religion respectively of the .pei-son taxable, and the Court of Revision shall try and determine all complaints in regard to persons in these particulars alleged to be wrongfully placed upon or omitted from the roll (as the case may be), and any person so complaining, or any elector of the municipality, may give notice in writing to the clerk of the municipality of such complaint, aiid the provisions of ^The Assessment Act' iu reference to giving notice of complaints against the assessment roll, and proceed- ings for the trial thereof, shall likewise apply to all complaints under this section of this Act."' 3.— CoUecfion of Public and Roman Catholic Separate Assessment. The 90th section of the Revised School Act, in connection with the fourth clause of the 78th section, makes it the duty of the council of every city, town or incorporated village "to cause the clerk .of the city, town or village, in annually making out the collector's roll, to place further columns therein, so that under the head of ' school rate,' the public school rate may be distinguished from the separate school rate, and also under ' special rate for school debts,' to distinguish between public and separate school purposes, and the clerk of the township shall prepare such collector's roll accordingly, and the pro- ceeds of any such rate shall be kept distinct by the collector, and accounted for accordingly." 4.— Council to levy Public and Separate School Bates The 90th section of the Revised School Act, in connection with the seventh clause of the 78th section, requires city, town and incor- porated village councils "to cause, through thei/ collectoi*s and other municipal officers, to be levier' in each year, upon the taxable property liable to pay the same, all sums of money for rates or taxes legally imposed thereon in respect of public or separate schools by competent lawful authority in that behalf and at their request, and to account annually for the sums so to be collected." Note. — So far as the public school board is concerned, this provision of the law is identical with that quoted in section 6 of this chapter, with the addition of a provision, requiring the council "to account annually for the sums so to be col- lected '" — that is, the council must be able to shew that the rate which the respective trustee boards have requested to be levied, has either been collected and paid over to the trustees concerned, or that it is in process of collection. Chap. X.] CITY, TOWN AND VILLAGE COUNCILS. 169 6.— For what objects a Public School Bate can be levied. The 90th section of the Revised School Act, in connection with the eighth clause of the 78th section of the Act, defines still further the objects for which the moneys desired by the school trustee board shall be raised. These sections require the nmnicipal council of every city, town and incorporated village " to levy and collect by aa8e8.s- ment upon the taxable property of [the municii)ality] in the manner provided by this Act, and by the municipal and assessment laws at the time iii force,* such sum as may be required by the trustees thereof for the — 1 . Purchase of a school site ; 2. Erection, repair, rent, furniture and fittings of a school house and its appendages ; 3. Erection and ret)air of fences and outbuildings ; 4. Rent, purchase or erection of teacher's residence ; 5. Purchase of maps, apparatus, text, library and prize books of the school ; 6. Salaries of the teacher, assistant or monitor ; 7. Other like expenses of the school as may be determined by stich trustees. The tenth clause of the 104th section of the Revised School Act mentions the following additional items for which money shall be provided by the council for the school trustee board, viz. : 8. Salary of the in.speotor (in cities and towns only) ; 9. Salaries of induf i,i'ial school teachers ; 10. Purchase of site or rent of industrial school premises ; li. Building, renting, repairing, warming, furnishing and kee]»ing in order, public (male, female, infant, central or ward) and industrial school houses, and their appendages and grounds ; 12. Procuring of suitable apparatus, text, prize and library books for industrial schools ; 13. And for all other necessary expenses of the school under charge of tlie trustees. 6 —Councils to raise Moneys as per Trustees' Estimate The law authorizes and requires boards of trustees in cities, towns and incorporated villages "to prepare from time to time, and lay before the municipal council of the city, town or village, an estimatet of the sums whicli they tliink requisite. [For items of 'estimate' authorized by law, see preceding section.] " And the council of the city, town, or village, shall provide such sums in the manner desired by the said board of school trustees." (Rev. Sch. Act, s. 104, cl. 10.) [The word "shall" is imperative.] • See section 4 of chapter viii,, page 152. t Proper forms of fb'.< eMii-nate" are furnished free of postage by Messrs. Copp, Clark & Co., 47 Front Street, Toronto, for 5 cents. 170 CITY, TOWK AND VILLAGE COUNCILS. [Chap. X. Note. — Boards of trustees should be particular to see that the "estimate" has been dulir prepared and sent to the clerk of the council, and that the request be specific as to the "manner" in which the board "desires" the money to be raised, whether by assessment or loan, or by both methods. As to loan, see eighth section of this chapter. 7— Councils have no option, but must raise money required. From this latter part of the preceding section it will be seen that the municipal councils of cities, towns, and incorporated villages have no option, but must annually raise such sums as the school boards " think requisite " for defraying all the expenses of the school for the year. The council must raise it also " in the manner desired by the board of trustees," whether by rate or loan. — Ibid. The 101st section of the Rev. Sch. Act also makes it the duty of the municipal council of every city, town and incorporated village, " in the manner pro- vided by this Act, and the municipal and assessment laws then in force, to levy and collect the rate upon the taxable property of the [municipality] to defray the expenses of the schools, as determined by the trustees, and according to an estimate sent in by tliem to the council." Note. — Two things should be observed in regard to this matter, viz.: — 1. An "estimate" duly prepared should be sent to the municipal council through its clerk or other suitable officer, with a request in writing for the amount required ; indicating at the same time "the manner" in which the board "desires" the money to be raised by the council. (Ibtd. s. 104, cl. 10.) 2. The council (in case the money is required to be raised by loan) is prohibited by the school law from isubmitting the by-law on the subject for the approval of the ratepayers (as under the Municipal Act). It is required by the school law to provide the moneys asked for by estimate, "in the manner desired by the trustees," without reference to the ratepayers. (See notes to section 3 of chapters xiii, and xvi.) 8 —By-law for Loan not to be submitted to Electors. The 91st section of the Revised School Law expressly declares that " no by-law of a citj'^, town or incorporated village for creating a debt for school purposes, shall be required to be submitted to a vote of the electors or ratepayers." 9.— School Bates must be applied to School Purposes. A council cannot legally raiso rates ostensibly for school purposes, and afterwards apply any part of them to municipal objects. Note. — In a case submitted from Brockville the Minister of Education decided that if it could be established that moneys, specially raised for school purposes, had been applied to the general purposes of the municipality by the town council, then there would be ground for making the members of ihe council personally liable according to the doctrines < f a court of equity ; and the municipal council, as such, would be liable at law, by proceeding in the name of the Crown, under section 219 of the Revised Statutes, chapter 204. [171] CH^^.r'TER XI. DECISIONS OF THE SUPERIOR COURTS IN REGAED TO CITY, TOWN, AND VILLAGE COUNCILS. 1. Payment by the Tmun Council of a part oj the Trustees' Estimate a recognition of the whole — (Rev. Sch, Act, s. 104, cl. 10). — The Court of Queen's Bench has decided that when an estimate of the sum required for school purposes was sei.t to the municipal council, by the board of school trustees, and the council recognised the presentation of such estimate by paying a portion of the amount, and submitted to the Court their reasons for refusing to pay the balance. Held, by the Court, that by such recognition of the trustees' estimate, they were precluded from i^leading that it had not laeen laid before them as the law recjuired. The school trustees of towns [cities and incorporated villages] under 13 & 14 Vic. c. 48, s. 24 [now Rev. Stat. c. 204, s. 104, cl. 9] have unlimited tliscretion as to the number of schools to be kept up, and are not subject to the restriction in this respect imposed upon the school trustees in townships. — Board of School Trusi'eesof Brockvillew. Munici- pality of Brocki'ille, 9 Q. B. 302. 2. A resolution of a Board of School Trustees is not 'he Estima'e lequired by latf — (Kev. Sch. Act, s. 104, cl. 10). — -'Ihe Coun of Common I'le s has flecided that the communication by a board of school trustees to the municii)al council of a town, of a resolution of the board, that the chairman do order the town council to furnish the board with a sum of money iminedifitely, for the purpose of purchasing a site and erecting a school house — a cojiy of which resolution was sent to the town council — is not a compliance with the einvuth clause of the scaenty-ninth section of the Consolidated School Act [now Kev. Stat. c. 204, s. 104, cl. 10], requiring the board to prepare an estimate of the sums it may reijuire ; and conse- quently does not render the town council liable to be compelled to pay the amount by mandamus. — Board of School Trustees of Port Hope v. Municipality of Port Hope, 4 C. P. 418. 3. A City Council has no discretion as to raisin<; the sum required by the Board of School Trustees — (Kev. Sch, Act, s. 104, cl. 10). — The Court of Queen's Bench granted a mandamus to compel a city council to levy a sum required for school puq)oses for the year, according to the estimate furnished to them by the school trustees. It appeareil in this case that the corporation having received the estimate did not object to it, but passed a by-law to |)rovide the sum required, which they afterwards repealed, and substituted another, imposing a smaller and insufficient rate; and no rec^son was given for refusirig to provide the sum called {ox.— School Trusttes of the City of Toronto v. The Corporation of the City of Toronto, 20 Q. B. 302. 4. City and Town Councils ret/uired to raise the amount desired by the Board of School Trustees — (Kev. Sch. Act, s. 104, cl. 10). — The Court of (Queen's Bench has decided the following case : The eleventh clause of the seventy-ninth section of the Consolidated School Act [now Rev. Stat. c. 204, s. 104, cl. 10], which requires municipal cor])orations to provide the :a'ms re(|uired by .school trustees " in the manner desired " by them, authorizes the trustees to direct at what time the money shall be paid, but not how it is to be ])rocurcd. The Court therefore refused a mandamus to levy a rate, but granted it to provide the money as desiretl. Where it appeared on affidavit that steps had been taken Xo proviic the sum re(]uired, a mandamus nisi was nevertheless gr.inted. They declined, on the motion for the writ, to consider objections to certain items in the trustees' esti- mate, as these could form no reason for withholding the whole. — School Trustees of the City of Toronto v. The Corporation of :he City of Toronto, 23 Q. B. 203. n ■'■■ 172 CITY, TOWN AND VILLAGE COUNCILS. [Chap. XI. 5. A vote of the school ratepayers not necessary in Cities, Totuns, and Vilhs^es, as in school sections — (Rev. Sch. Act, s. 91). — A vote of the ratepayers is not necessary in cities, towns, and villages — although it is in school sections — to authorize an application to the town council, or a rate by the board. — Board 0/ School Trustees 0/ Port Hope v. MunicipalUy of Port Hope, 4 C. P. 418. MoTB. — The Rev. Stat. c. 204, s. 78, cl. 9, declares that a vote of the ratepayers is not now rei)uireil in rural school sections. 6. Ward School Assessments of a City or Toiun ill 'gal. — The Court of Queen's Bench has decided, that an assessment for school purposes must be levied equally upon the ratepayers of the municif)ality, in proportion to their ratable property, and cannot be levied by an unequal rate in the different wards of such munici- pality. — In re Scott and Municipal Council of Ottawa, 13 Q. B. 346. Note. — See decision of the Court of Common Pleas, No. 7, chapter ix., page 161. 7. Order on Treasurer must precede an application for Writ of Mandamus to compel payment — (Rev. Sch. Act, s. 104, els. 10 and 14). — The Court of Queen's Bench has decided the following case : The board of school trustees of an incor- porated village applied to the village municipality to levy a sum of money required to pay for a schjol site which they had contracted to purchase. The municipality refused to do so, and the board applied for a mandamus. It did not appear that the trustees had appointed a secretary-treasurer. Held, by the Court, that the board should first have given an order, to the person ftom whom they had ^reed to purchase, upon the treasurer of the municipality; and on this groimd the appli- cation was refused. Quare, however, whether a mandamus would have gone independently of this objection. — Board of School Trustees of Gait v. Municipality of Gait, 13Q. B. 511. S. Demand and refusal must be shevn before Mandamus would issue against a City or Towtt Council to I ei-v School Rate — (Rev. Sch. Act, s. 78, cl. 8 ; s. 90 ; s. 102, cl. 12). — The Court of Queen's Bench refused a mandamus against a muni- cipality to levy a rate for school purposes, because the demand and refusal of a certain sum was not sufficiently shewn. Quccre, however, whether a mandamus wo>dd lie in such a case, the trustees having power themselves to raise the money. — School Trustees of Collingwood \\ The Municipality of Collingwood, 17 Q. B. 133. Note. — The power of the trustees to collect money is now limited to fees from non-residents or to fees from pupils for statioiiar>-. (See Rev. Sch. Act, s. 104, els. 11-14 and 17 ; and s. 105.^ 9. Right of action against a City or To^vn Council does not belong to the Teacher — (Rev. Sch. Act, s. 104, cl. 15). — The Court of Queen's Bench has decided : That an action would not lie against a municipal corporation by a school teacher, upon an order made upon and accepted by the treasurer in the plaintiff's favour for his salary, the treasurer having no power to bind the corporation by such acceptance. Held, also, that the teacher could not maintain an action against the corporation for relising to levy a rate for his salary, upon an estimate furnished to them for that purpose by the trustees. — Smith v. The Corporation of the Vtllagu of Colling- wood, 19 Q. B. 259. 10. Treasurer must honour Trustees^ orders for School Money's — (Rev. .Sell. Act, s. 104, els. 10, 12 (f), 14 and 15 ; also s. 90). — The Court of Queen's Benjh has decided in an action of assumpsit brought by a teacher against the school trustees appointed under 9 Vic. c. 20 [now Rev. Stat. c. 204], setting out a special agree- ment i;> retain the plaintiff in their employment as a teacher for one year from at a certain salary, etc. ; and also on a special action on the case, founded upon a parol agreement brought by the teacher under the .same statute, for wrongfully and without cause turning the plaintiff away, and preventing him thereby from earning his salary, it was field, per Curiam, that the declaration in both cases was bad, in not averring the agreement to have been made with the defendants by their corporate seal. If school trustees appointed under the Act, 9 Vic. ch. 20 [now Chap. XI.] CITY, TOWN AND TILLA6S COUNCILS. 173 Rev. Stat. c. 204], decline to sign the order upon the superintendent [now in- spector] for the payment of the teacher's money, as provided for by the Act, they may be proceeded against by mandamus, or perhaps they may be sued in a special action for not making the order ; but they cannot be sued in an action yc?r the money, as that is not in their hands. That portion of the rate which, by the enactment of the law, goes into the hands of the treasurer, is subject to the order of the trustees. He may not have received the money, or he may refuse to pay their order, but in neither case can they be \v^^ to an action for not paying the money. They are public officers, who have only to discharge their proper duty. If they refused to tnake an order, a mandamus would lie against them, or perhaps a special action for not making the order ; but not an action for the money, for that is not in their hands. If the treasurer fails in his duty he is liable to indictment, and might be found liable also to a remedy by action. Semble, that the school trustees have no power under the Act to make arrangements for providing the teacher with board and lodg- ing. — Quin V. School Trustees of Section No. 4, Municipality of Seymour, 7 Q. li. 130. Note. — Power has now been given to the trustees to previde the teachers with board and lodging. (See Rev. Sch. Act, s. 161, cl. 2.) 11. Mandamus to Corporation to provide Money f err School Trustees — (Rev. Sch. Act, s. 104, cl. 10). — On application for a mandamus to compel a municipal cor- poration to provide $3,500 for a board of school trustees, it appeared that on the 15th of March the trustees wrote to the corporation, informing them that they had passed a resolution on the I2th inst., directing their chairman and secretary " to wait on the council at its next meeting and submit an estimate for $3,500, for the purpose of building a brick school house, the same to be procured by the loth of April," and requesting the council to provide said amount in accordance with the estimate. On the same day, after receiving the letter, the corporation notified the trustees that they were unable to cofnply with the demand ; and on the 13th of April an order upon the treasurer of the council by the chairman of the board of school trustees for the $3,500 was presented, and payment refused. Held, that the statute, which requires the tnistees to prepare and lay before the council an estimate, had not been complied with ; and that the demand for payment within three weeks, without shewing that the corporation had funds in hand available for the purpose, was not reasonable. The mandamus therefore was refused. — Jn the matter of the School Trustees (f Mount Forest and the Corporation (f Mount Forest, 29 Q. B. 422. 12. Application for Mandamus to lay Rate — Form of Estimate — Proof of By- larvs — (Rev. Sch, Act, s. 104, cl. 10). — The school trustees of a town applied for a mandamus to the corporation to pay over all moneys collected for the erection of school buildings under a by law of the 2 1st of August, and to collect the sum remaining; or to provide for the trustees $1,000. It appeared that the trustees had passed a resolution to apply to the corporation for $3,000 for school buildings,, uptin which a by-law was passed to raise that sum. This by-law was repealed and another passed to raise the necessai7 sum, but it was defective. I/c/d, that though the resolution of the trustees was not a sufficient estimate, the objection was cured by the corporation having passed a by-law in pursuance of it ; but that as that by-law was invalid, the Court could not enforce anything arising under it by man- damus, //eld, also, that the estimate being insufficient, a mandamus could not be granted to provide the sum mentioned in it, as asked by the second alternative of the application. Two copies of by-laws jjut in, not being proved under section 193 of the Municipal Act, could not be read, but the same by-laws were set out at length in affidavits filed, the deponent swearing that a by-law was passed by the town council "in words following," which was held sufficient for the purposes of this application. Section 193 provides for the proof of by-laws in general ca.ses, section 198 for the special case of an application to quash. — /« re the Board of School Trustees of the Town of Sandwich v. The Corporation of Sandwich^ 25 ^. B. 639. 174 CITY, TOWN AND VILLAGE COUNCILS. [Chap. XI. 13. Assessment of Non-Resident Lands. — It is the duty of the assessors to assess village lots, the property of non-residents, separately, placing opposite to each the value and amount of assessment. — Black v. Harrington, 12 Chy. 175. 14. School Assessment in a Town — Authority of Collector — Individual ratepayer cannot object to Estimate — Form of roll used. — A board of school trustees in a town passed a resolution stating the sum required for school purposes, of which their treasurer gave notice to the town clerk, verbally or in writing, but not under the corporate seal. The corporation, however, made no objection, and acted upon it as an estimate. Held, that though it would have been insufficient on application to compel the town to levy the money, yet an individual ratepayer could not object. Section 24 of the Assessment Act, Con. Stat. U. C. c. 55 [now Rev. Stat. c. 180, s. 18], applies to the assessor's roll only, not the collector's. De- fendant was duly appointed collector of the municipality for the years 1865 and 1866. Held, — following Nruiberry v. Stephens, 16 Q. B. 65; Chief Superintendent of Education v. Farrell, 21 Q. B. 441 ; and McBride v. Gardham, 8 (J. P. 296, — that he had authority in 1866 to distrain for the taxes of 1865 upon the owner o( premises duly assessed. Defendant held two roils, each headed "Collector's Roll for the Town of Belleville," one being also headed "Town Purposes," the other "School Purposes." In the first, the column headed "Town or Village Rate" contained nothing, but in that headed "'I'otal Taxes Amount," $40 was inserted. In the other that column had nothing, but $16 was in the column heade'' " General School Kate." Held, insufficient, for there was nothing to shew for wha.t pur- pose the sum not specified to be for school rate was charged. Spry v. McKenzic, 18 Q.B. 161, distinguished, 'i'he omission to set down the name in full of the person assessed was treated as immaterial. — Coleman v. Kerr, 27 Q. B. 5. (See Nos. 2, 3 and 4, chapter iii., Part I., pages 33 and 34. .See also Nos. 17, 21 and 23, chapter ix., pages 164 and 166.) 15. Collection of Taxes after return of Collector's Roll — (Rev. Stat. c. 180, ss. 18, 93, loi, 102, 116).— After the collector's roll for the year has been formally returned, the municipality cannot appoint any one to collect the unpaid taxes by distress ; their collection belongs to the treasurer. In an action of replevin the defendant avowed, setting out the assessment of certain taxes in the city of Kingston for the years 1855 and 1859, the delivery of the collectors' rolls to the collectors for those years, and their return by him, with the taxes hereinafter mentioned appearing unp.aid ; that he, the defendant, was duly appointed by resolution of the council, instead of the collector for those years, to collect certain taxes remain- ing unpaid after the return of said rolls ; that certain persons named were set down and assessed on the said rolls as owner and occupant of certain real property for a sum mentioned, payment of which was duly demanded by the collector of those years; and that at the said time when, &c. (being in i86i), the defendant took the goods in question as a distress for such taxes, the same being in the plaintiffs' possession on the premises so assessed. Held, on demurrer, that the avowry shewed no defence, the council having, under the circumstances, no authority to make such appointment. The plaintilis in answer to the avowry pleaded several pleas, denying the assessment of the several parties as alleged, to which the defendant replied, so far as it might be intended to rely on any error in said assessments, that the collectors' rolls for said years were made out by the clerk from the assessment rolls as finally passed, and the assessments in question cor- rectly transcribed. Held, on demurrer, repli'^aiion bad. — Holcomb ct al. v. Shaw, 22 Q. B. 92. 16. foint board of i:;rammar and public school trustees — Are a corporation liable for contracts. — A joint board of grammar and public school trustees are a corporate body, capable of contracting; and being sued, though the separate corporate existence of each continues ; and they were held liable, therefore, for work done upon a contract made by them with the ]i!aintifrfor an addition to the school house. — School Trustees v. Farrell, 27 Q. B. 321 (page 175) commented upon. Oliver \. The Union Board of School Trustees of IngersoU, 29 Q. B. 409. Chap. XII.] ELECTIOK OP CITY BOARDS, ETC. 175 1 7. Receipt hy Municipal Treasurer for school moneys retider him liable for it in the Bank — Right of action lies against him for it. — Tliere being in a village a joint board of grammar and public school trustees, on the 7th of July the Chairman of the board of grammar school trustees received a circular from the Education Office, advising him of the [layment of $202 for that school. This money had been jiaid into the Hank of Upper Canada, at Toronto, as agents for defendant, the Treasurer of the County, prior to its suspension, and the bank sent him an order on their Hamilton branch, which was not presented before the bank stopped payment in September. It was not asked for until the 25th of September, when the treasurer of the joint board called for it. On the 26th, defendant wole to the treasurer of the joint board enclosing this draft, saying that it had been re :eivcd by him for the grammar sichool, and had been lying in his office for their demand, as usual, since the llth of July. The plaintiffs having refused to accept the iiraft. Held, I. That an action for this money would lie against defendant as treasurer, it having lieen paid to his agents at Toronto, and he having admitted its receipt for the special pur- pose. 2. That as the board of grammar school tnistees, notwithstanding the union, still existed as a separate corporation, the action should have been by them, not by the joint board. 3. If the action had been rightly brought, defendant would have been liable for the loss on the draft, for the payment was made to his agents at Toronto in money. — Grammar and Common School Trustees of the Municipality of Caledonia v. Farrell, 27 Q. B. 321. 18. Property held hy the Crown not liable to assessment — (Rev. Stat. c. 180, s. 3, els. I and ll). — I'he Court of Queen's Bench held, affirming Sha7v v. Shaw, 12 C. P. 456, that land leased to a commissariat officer on behalf of the Secretary of State for War, and occupied by Her Majesty's troops, was exempt from taxa- lion ; and that a provision in such lease binding the lessee to pay all taxes to which the premises should be liable could make no difference ; but where such land before the execution of the lease had been assessed to the lessor for that year, held, that it was not discharged, but that as payment could not be enforced from the Crown, and the officer had paid to the collector under protest, the money might be recovered back. — Principal Secretary of State for War \. The Corpora- tion of the City of Toronto, 22 Q. B. 551. CHAFTER XII. hlc ite ce a k/ he ELECTION OF BOARDS OF PUBLIC SCHOOL TRUSTEES IN CITIES,* TOWNS, AND INCORPORATED VILLAGES. 1.— Day and hour for Election of School Trustee Boards The election of members of public scliool trustee boards, in citie.s, towns and incorporated villages, must be held on the second Wednes- day in January of each year, commencing at the hour of ten o'clock a.m., and shall close at the same time as do elections of municipal councillors under the Municipal Act which may be in force at the time of such school trustee election. (Rev. Sch. Act, s. 40.) Note. — The 112th section, of the Revised Municipal Institutions Act, c. 174, declares that the poll "shall continue open until five of the clock in the afternoon, and no Ic.ger." • The special provisions of the hiw relating to the election of school trustees in the City of Toronto will be found, ia the Revised School Act, c. 204, ss. 63 to 77 inclusive. 12 If 176 ELECTION OF CITY BOARDS, ETC. [Chap. XII. 2.— How long shall the Public Sohool Election last? The election shall last for one day only. It shall commence at ten o'clock in the forenoon, and close at five o'clock in the afternoon, after which no vote shall be received for any candidate. (Rev. Sch. Act. H. 40.) 3.— Where shall the School Trustees Election be held? The election of public school trustees in cities and towns, divided into wurds, shall be held "at the place of the last municii>al elec- tions." and in towns and incorporated villages not divided into wards, it shall be held " at the place of the then hust annual election of coun- cillors." (Rev. Sch. Act, ss. 67 and 59.) Note i. — la school districts, or divisions, composed of a town, or incorporated villa{(c and portion of an adjoining township or townships, all ratepayers of the division or district shall have a right to vote in the ward or other municipal division of the town or village nearest to them. (See sections 17 and 18, chapter iv., page 136.) NoTK 2. — In case the election of a pul)l'c school tnistee (on complaint being made to him) be set aside by a County Judge, the 60th section of the Revised School Act authorizes him "to appoint the time and place oi holding a new election." (See sections ' and 7 of this chapter.) 4.— Who shall preside at a Public School Trustee Election? Each public school truscee election in cities, towns and incorporated villages, shall be held un ler the di.ection " of the rotvirning officer" of the municipality concitrned ; " but in case of the default of such returning officei', then under the direction of such j)Prson as the elec- tors present may choose." (Rev. Sch. Act, sa. 54, 59 (cl. 2), 60 and 245. 6.— How the School Trustee Election shall be conducted. The school law decLu-es that "the school elections in cities and towns, shall be conducted in the [same] manner as an ordinary muni- cipal ward election ; but the voting shall be by open vote, and the provisions of the Acts respecting voting by ballot shall not apply to such elections. (Rev. Sch. Act, s. 59.) Note. — The maimer in which the election should be conducted is as follows : (i.) The returning officer shall preside, or, in his absence, a chairman chosen by the electors. He shall enter in a poll book, in separate columns, the names of the candidates proposed, and shall, opposite to such columns, write the names of the electors oflfering to vote at the election. He shall also in each column, in which is entered the name of a candidate voted for by an elector, set the figure "i'" opposite the voter's name. (2. ) The returning officer shall, at the close of the poll, add up the number of votes set down for each candidate for the office of trustee, and shall publicly declare the same, Ijeginning with the candidate having the greatest number of votes, and •so on with the others ; and shall thereupon publicly declare elected the candidate or candidates respectively who shall stand highest on the poll. (3. ) In case two or more candidates have an equal number of votes, the returning officer shall give a vote for one or more of such candidates, as the case may be, so •as to decide the election ; and, except in such case, no returning officer shall vote .at any election held by him. ' Ohap. XII.] ELECTION OF CITT BOARDS, ETC. 177 (4.) The returning officer shall, on the day after the close of the election, return the poll hook to the clerk or secretary of the public school board. He shall also append lliL-reto his solemn declaration that the poll book contains a true statement of the poll, auvl transmit his certificate for the persons (naming them) who have been duly elected. 6.— Who shall call Meetings for the School Election? 1. On the incorporation of any towii or village, not divided into wards, the first meeting for the election of public Hchool trustees shall be called by the " returning officer uppointed to hold the first muni- cipal election iia such town or village." (Rev. Sch. Act, s. 64.) NoTK. — P'or boundariesof newly incorporated villages, see sec. 12, ch. iv,,p. 134. 2. In «ise of the "neglect for one month" of the returning officer to call thi.s first school meeting for the election of six trustees, in a town or village not divided into wards, "any two freeholders in such town or village may call a meeting for such purpose." (Ibid. s. 64, cl. 1.) 3. The annual meeting for the election of public school tnistees in cities, towns and incorporated villages shall be called by the public school board. (Ibid. s. 104, cl. 26.) 4. A county judge who, on appeal, sets aside a public school trustee election, is required by law to " appoint a time and place of holding a new election." (Ibid. a. 61.) Note.— The county judge is merely required to "appoint the time and place of holding a new election," in case he sets aside an election, against which an appeal had been made to him. He may either call the meeting himself, or direct the trustees to do so. (See section 14 of tliis chapter, page 179.) 7.— When must Public School Meetings be held? 1. The annual school meeting must be held on the second Wed- nesday of January of each year, at ten o'clock a.m. (Rev. Sch. Act, s. 39.) 2. A special school meeting may be held at any time fixed upon by the trustees at their discretion. (Ibid. s. 104, cl. 26.) 3. Tiie county judge is authorized to "appoint the time and place of holding a new election," when he sets aside one against which a complaint has been made to him. (Ibid. s. 61). 8. For what purpose can School Meetings be called? Public school trustees in cities, towns and incorporated villages, are authorized to call school meetings for — 1. The annual election of school trustees. (Rev. Sch. Act, s. 104, cl. 26.) 2. Tlie election of a public school trustee or trustees, to fill a vacancy or vacancies in the school corporation, which may be caused at any time by (1) death, (2) resignation, (3) removal from the muni- II r 178 BLECTION OK CITY BOARDS, ETC. [Chap. XII. cipality, (4) void election, (5) refusal to act, or (6) disqualification. (Rev. Sch. Act, s. 38.) Note. — See section 20 of this chapter, page 180. 3. "Any other school piu-pose which they may think proper," — (Ibid.) Note. — The board of tnistees is not requin-dio call a public school meeting, or otherwise consult their constituents in regard to the selection of a public school site, the erection of a school house, or the raising of moneys for the support of the schools, They may do so, hovve\er, at their pleasure, I5ut the resolutions passed at such a meeting are not binding upon the trustees. They would be valuable only as an expression ot opinion on the part of the ratepayers. Trustees are not required to submit their annual report to a public school meeting, but they are required to publish it in the local newspaper. (Rev. Sch. /Vet, c. 104, cl. 27. See section 35 of chapter xvi. ) 9.— What notice must be given in calling School Meetings? In all cases six days' notice, in at least three public places in each ward, town or village, should be given of each public school meeting, whether it be called by a returning officer, or by the board of trustees,^ or by order of a county judge, in case an election be set aside by him,. (Rev. Sch. Act, s. 54.) Note, — See sections 6 and 14 of this chapter, pages 177 and 179. 10.— Who has a right to vote at School Meetings? Any assessed freeholder or houb'^holder of a city, town or incor- porated village, who has paid his previous year's school tax in suci; municipality, whether a resident or non-resident, has a right to vote at any lawful school meetings in the ward or municipality in which he pays mtes; but supporters of separate schools have no vote. (Rev. Sch. Act, ss. 42, 57 (cl. 2), 58 and 60.) Note. — Any person under twenty-one years of age cannot vote at school elec- tions ; but, if twenty-one or over, any unmarried female, either a widow or spinster, who is an assessed freeholder, householder, or tenant, is entitled to vote. 11.— Test of Bight to vote, in case objection be made. In case an objection be made to the right of any person to vote at an election in any city, town or village, or upon any other subject connected with school purposes therein, the returning officer presid- ing at the election shall require the person whose right of voting is objected to, to make the following declaration : "I do declare and affirm that I have been rated on the assessment roll of this city (town or village, as the case may be), as a freeholder (or householder, as the case may be), and that 1 have paid a public school tax in this ward (town or village, as the case may be), within the last twelve months, and that I am legally qualified to vote at this election." Whereupon the person making such declaration shall be permitted to vote. (Rev. Sclu Act, s. 60.) \ Chap. XII.] ELEtrrioN op citv boards, etc. 179 12.— Penalty for False Deolaration of a Right to Vote. " No person shall wilfully make a false declaration of his right to vote at any school meeting or election of school trustees; and any person convicted of a contravention of this section, u[)on complaint of any other person, shall be punishahle by fine or imprisonment, at the discretion of the Court of General Sessions ; or by a penalty of not less than Jive dollars, '^'' more than ten dollars, to be sued for and recovered with costs befoi-e a justice of the peace, by the school trustees of the city, town, village, school section, or other division, for its use." (Rev. Sch. Act, 8.'244.) 13.— Misconduct of Returning Of^cer at School Election. " If the returning officer (or deputy returning officer) at any elec- tion of a public school trustee in a city, town or incorporated village, is convicted before the county judge, of disregarding the require- ments of the law, or acting partially in the execution of his office, he shall be fined a sum of not less than twenty dollars, nor more than one hundred dollars, at the discretion of the county judge." (Rev. Sch. Act, 8. 245.) 14.— Contested Elections in Cities, Towns and Villages. " It shall be the duty of the judge of the county court, within twenty days after the election of a public school trustee in any city, town, or incorporated village within his county, to receive and inves- tigate any complaint respecting the mode of conducting the election, and confirm it or set it aside, and appoint the time and place of holding a new election, as he may judge right." (Rev. Sch. Act, s. 61. See clause (4) of section 6 of this chapter, page 177.) 16.— Costs of Contested Public School Elections. " The expenses of the investigation of any such complaint shall be paid by the parties concerned, as may be decided by the county judge. [Ibid. s. 62.) 16.— Number of Trustees in each Public School Board. The number of public school trustees to be elected in ii city, town or incorporated village, at each first election is as follows : 1 . Where wards exist : two for each ward . 2. Where no wards exist: six for the municipality. Number of public school trustees to be elected annually: 1. Where wards exist: one for each ward. 2. Where no wards exist: two for the municipality. (Rev. Sch. Act, ss. 22 and 23). 180 ELECTION OF CITY BOARDS, ETC. [Gimp. XIT. 'I 17.— How shall Retirement of eaoh Trustee be determined P' After the first election of a board of triiHtees they shall, at their first board meeting, determine by lot how they shall individually retire from olfice. The number to retire in each case is as follows : 1. Where wards exist : one annually. 2. Where no wards exist: two annually — the six trustees on the board having first been divided by lot into three classes of two each. (Rev. Sch. Act, ss. 22, 24, 56, 58 (cl. 2). Note. — Although a trustee, as above explained, retires from office on the second Wednesday of January in each year, yet, in case of a failure, from any ciuse, to elect his successor, he holds olTice antl can legally act as tnistte until such suc- cessor is elected. The same rule applies in case of the resignation or removal of a trustee. 18.— Who may be a Public School Trustee P 1. Any "fit and proper person," who is a resident ratepayer of the municipality. (Rev. Sch. Act, ss. 38, 58, 59 (cl. 3). 2. (After a first election) any retiring trustee, duly qualified. (Ibid. 8. 36.) 19.— Who may not be a Public School Trustee? The law excludes the following persons from the office of public school trustee : 1. An inspector of public and high schools. (Rev. Sch. Act, s. 226.) 2. A teacher in a public or high school, or collegiate institute. (luid.) 3. A trustee or supporter of a Roman Catholic separate school. Nt»TE. — This last restriction is by implication, as being in harmony with the prohibition in section 42 of the Revised Public School Act, c. 204, and section 39 of the Roman Catholic Separate School Act, c. 206. 20.— How may the Office of Public School Trustee be vacated. 1. By decision of the county judge, on a complaint being made to him against the election. (Rev. Sch. Act, s. 61.) Note. — See section 14 and note to section 17 of this chapter. 2. By refusal to serve. (Ibid. s. 236.) 3. By resignation of office. (Semble : Ibid. s. 20.) 4. By death. 5. By conviction of any felony or misdemeanor. 6. By absence from meetings of the board for three consecutive months without its authority. (Ibid. s. 38.) 7. By removal from the municipality. (Ibid. s. 38.) 21.— Personal Responsibility of Public School Trustees. " If the trustees of any public school wilfully neglect, or refuse to exercise all the corporate powers vested in them by this Act for the Chap. XIII.] POWERS OF PUBLIC SCHOOL BOARDS. 181 fulfilinpnt of any contract or agrooment made by them, any truHteo •or tniHtnoH HO n(*gleetitig or refiiHin^ to exorciH*; such powi-rs shall hv held to bo pernonally reHponsiblo for the fulfilment of hucIi contract or agreement." (Rev, 8<;h. Act, h. 238.) NoTK. —A f;oo(l (leal of what is said on the sut)jcct of the personal responsibility of the rural school trustees in the preliminary remarks and in chapter i. of the first part of these i^ectures may be held to apply to trustees in cities, towns and villajjes generally. For the |)rotection of school trustees, see the provisions of the mder any by-law of a municipal council before it has been quashed." It also directs how and against whom the action shall be brought. (See no^e 4 to section ar, chapter i., on page 117.) [184] CII^r>TER, XIV n CONSTITUTION AND PROCEEDINGS OF PUBLIC SCHOOL BOARDS. 1 — How is each Public Sehool Board constituted? 1. In cities and towns dividod into wards tlieve shall be two trustees for each ward who hold office for two years. 2. In towns not divided into wards, and in incorporated villages, there shall be six trustees, two of whom, after tJiP iist election, are to hold office for three years. (Rev. Sch. Act, ss. 54—58.) (See sees. 10 and 17 of chap, xii., pages 179 and 180.) 2.— Who aro the Officers of the Board? The law requires that there shall be elected annually or oftener by the board from among its own members (I) a. chairindn. The board is also required to appoint for such period as it may decide (2) a secretary, or secretary-treasurer, and (3) an inspector of schools (who, before appointment, must possess a certificate of qualification. (See chapter xvii.) It njay also, at its discretion, appoint (4) a collector of school fees [for text books, stationery and other contingencies]. (Kev. Sch. Act, s. 104, els. 1-3.) Note. — The chairman has a right to vote at all times. lie has also a second tir casting vote in addition to his vote as meml)er of the board. (Rev. Sch. Act, s. 98, and s. 104, cl. i. See below, clause (2), of section 6 of this chapter. For duties of inspectors, see chapter xvii. ) 3.— Standing and other Oommittees of the Board. In addition to the officers mentioned, the board of trustees can, under the ])rovisiou of the first clause of tlie 104th section of the Act, wliicli authorizes them to decide as to the mode of conducting their procetMlings, most conveniently supervise the details of its work by means of committees, viz., (1) on finance, (2) school buildings, (3) appointments of teachf^rs, (4) printing, (5) repairs and sup])lies, (6) school management, and any others desired. The boaid is authorized to " ai»point a special committee of not more than three persons [not necessarily members of the board] for the special charge, oversight and manageuKiiit of each school within the citv, town or village." (Rev. Sch'. Act, s. 104, cl. 1 ; s. 10.'), cl. 1.) 4.— Times and Place of Meeting and Proceedings of the Board— School Accounts. The first meeting of every board may be called by any member, and shall be held in the municipal council room. Afterwards boards i Chap. XIV,] RULES OF ORDI OF SCHOOL BOARDS. 185 i can " appoint the times and places of their meetings and the mode of callinjif thsm ; and of conducting and recording their proceedings, and of keeping all their school accounts." (tlev. Sch. Act, s. 104, cl. 2.) NOTK. — In regard to school accounts, the council is required by law to tr.insmit to the Department an audited statement of these accounts. See chap, i., p. 115. 5.— What is tho most usual order of business ? At every regular neeting of the board the usual order of proceed- ing generally is : 1. Rending and confirming the minutes of the previous meeting. 2. Reading and referring letters, memorials, &c. 3. Giving notices of motion. 4. Taking up unfinished business and former notices of motion. 5. Presenting and adopting reports of committees. 6. iViiscellaneous business. 6.— What "Rules of Order" are generally observed? 1 Quorum. — A majority of the members of the board form a r{u num. (Rev. Sch. Act, s. 98.) 2. The Chairman has by law one vote on all questions ; and in case of a tie, he has a second or casting vote. (Rev. Sch. Act, ss. 98 and 104, cl. 1.) 3. The Inspector should for convenience have a seat within the bar, and have the privilege, at the request of the chairman, of speaking on any matter connected with his duties, but without having a vote on any question. 4r. Addressing Chairman. — Every member, previous to 8i)eaking, should rise and address himself to the chairman, unless exotjrf-d. 5. Questions and Replies. — Questions asked i>nd replies to mem- bers, should be made through the chairman. 6. 07'der of Speaking. — When two or more men\bers rise at once, the chairman names the member who shall speak first, after which the other member or members have the right to address the meeting in the order named by tlie chairman. 7. Speaking Twice.— ^o member should speak more than minutes or twice (except in (Committee) on the same question or amendtnent, without leave of the meeting (except in explanation of something which may have l)e -n nusunderstood. or in reply to a (jues- tion), until every one desiring to 8{)eak should have had an oppor- tunity of doing so. 8. Motion to be Read. — Each member may require the question or motion under discussion to be read for his infornuition at any time, but nob so as to interrupt a member when speaking. 9. FiUiiuf Ji/unks. — In blanks the largest sum and the longest time should be first put. t •■'■,1 I 186 POWERS OF BOARDS IN REGARD TO SITES, ETC. [Chap. XV. 10. Non-Dehatable Questions. — Motion (1) to adjourn, (2) lie on the taVjle, (3) for the " previous question," or (4) upon the order of business, are not debatable. 11. Previoyis Question.. — When the " previous question " is decided in the negative, the original question remains before the board to W debated or put, «.tc. 12. Proper Motions. — When a question is under debate, no motion should be received but (1) to adjourn, (2) table report, kc, (3) for the "previous question," (4) to postpone to a day certain, (5) to commit, or recommit to a committee, (6) to amend, or (7) to postpone inde- finitely — which sevenil questions should have precedence in the order in which they are named. 13. Questions Decided. — No question decided by the board should be again raised without the consent of a majority of the board. 14. Motions before the Meeting. — All motions made and seconded are considered in jiOsse.s.sion of the board, and should be reduced to writing whenever requu-ed by a member ; they may be withdrawn at any time before decision, with the consent of the meeting. 15. Kind of Motion to be Received. — When a motion is under debate, no other motion should be received, unless to amend it or to postpone it, or for adjournment ; but no motion or proposition on a subject different from the one under considei'ation should be intro- duced under colour of an amendment. 16. Order of Putting Motions. — All questions should be put in the order in which they are moved. Amendments to be put before the main motion ; the last amendment first, and so on. CHAPTER XV. POWERS AND DUTIES OF BOARDS OF TRUSTEES IN REGARD TO THE SITE AND SCHOOL HOUSE. 1.— Who shall select the Site of a School House ? The public school board can alone select, purchase or rent the sites necessary for the school houses of the municipality. They are not required to a,sk the consent of tlie ratepayers or municipal corpora- tion, or otherwise consult either of them, unless they see fit to do so. Even then the consultation is merely advisory, and does not relieve the trustees of any res|>onsibUity in the matter. (Rev. Sch. Act, s. 104, cl. 8, and s. 126.) 2.— By what Title can Trustees hold School Property? The public school board is required by law " to take possession of all public school property," and " to accept and hold as a corporation," Cliap. XV.] POWERS OF BOARDS IN REGARD TO SITES, ETC. 187 " by any title whatsoever," " all such proper*;y acquired or given at any time for public school purposes in the • ity, town or village." (Rev. 8ch. Act, s. 104, els. 4 and 5.) 3 —Necessity for a Proper Title to the School Site. The provision of the law, which vests all public school property in the school board for the purposes of sale, assumes that the trustees shall, whenever practicable, obtain a deed, a bond for a deed, a lease, or other legal instrument, granting quiet possession to them of the property in their municii)ality. (Rev. Sch. Act, s. 104, els. 6 and 7.) Note. — The deed, when obtained, should be registered without delay.* Every public school house and site are exempted from taxation, as provided in the General Assessment Act. (Rev. Stat. c. i8o, s. 6, cl. 5.) 4.— Registration of Trustees' Title to School Premises. A board of tvnstees should not foil to register its title to the school site. In case the owner of a site refuses to sell it to the trustees, and they are compelled to t!jke possession of it under an award of arbitra- tors, they should register the award, if the owner should refuse to give them a title under the award. (Rev. Sdi. Act, s. 126.) NoTi:. — Want of registration of titles does not deprive the trustees of any of the legal powers which they possess under the school law. 5.— Owner of vacant Land must Sell School Sites selected. If the owner of a newly selected school site (being vacant land), or of land adjoining an old site (which the trustee board has decided to enlarge), should refuse to sell it, or should ask an unreasonable price for it, the law requires that the })oard and owner shall each appoint an arbitrator, who, with the county inspector, are authorized to apjiraise damages to the owner for such compulsory sale. Upon the tender of payment of these damages to the owner of the vacant land by the board of trustees, they can take possession of it for school pur- poses, and proceed to erect a school house on it, or to inclose it as. they please. (Rev. Sch. Act, s. 126.) Note. — Although the tmstee hoard can only compel the owner of property to sell "vacant land" for a school site, yet, by mutual consent, any land, whether occupied or unoccupied, which may be deemed suitable by the trustees for a school site, may be purchased by them for that purpose. They are not required to submit the question of selection of school site to the ratepayers, 6.— Remedy where Owner refuses to appoint an Arbitrator. In case the owner of .vacant land selected as a school site in a city, tovrn or incorporated village, should refuse or neglect to appoint an * A hlank form of deed for the site of the school house and teacher's residence, is furnished by Me&srs. Copp, Clark & Co, 47 Front Street, Tocouto, for ao cts., free of pottage. 188 POWERS OP BOARDS IN REGARD TO SITES, ETC. [Chap. XV. Ifi arbitrator, the trustees' arbitrator and the county inspector shall appraise the damages to the owner of such land. (Kev. Sch. Act. 8. 126, cl. 3.) NoTK I. — In the case of rural school sites the county inspector, in case the owner refuses or neglects to appoint an arbitrator, shall have a second or casting vote, if he and the arbitrator appointed do not agree. (Rev. Sch. Act, s. 124.) Note 2. — Should a majority only of the arbitrators be present at any lawful meeting, it is competent for these arbitrators to adjourn the meeting for not lew than ten days, and notify the absent arbitrators. {Rer. Sch. Act, s. 125.) 7.— Mode of Making and Publishing an Award. When the arbitrators have agreed uj)on their award, they .should reduce it to writing, sign and seal it. This is " making" the award. When thus mado, it should be sent to the trustees for their informa- tion and to the other party. This is " publishing " it. It is com- petent, however, for the arbitrators to declare or publish the award before witnesses orally, in presence of the parties concerned, viz., the trustees and the other party. Note. — Should the award thus published be afterwards, by consent, reduced to writing (as .above), it should be identical in its terms witli the oral declaration made, and should be merely a written copy of it. Any material variation in the written cojiy from the ural award would destroy its validity and finality. (Set- Davis V. AVGivtni, 11 t^. B. 112.) 8 —Law and Jlegulations which govern Arbitrations. I. -Summary of General Rules in regard to Arbitrations, 1. Constitution of the Arbitration Court. — .'Vny one who can contract, can submit mitteis in dispute to arbitration. Either a friend or enemy, or a person having an interest in the cause (but who is not a school trustee), may lie chosen. Persons unimpeachable on the score of interest or capacity should, if possible, be chosen. All the arbitrators should be chosen before proceeding to the arbitration, except where otherwise provided (as in the case of a school site). Notilication in writing 10 the person chosen, and accejitance by him of the office, are necessary to complete the appointment. WMiere there are an oad number of arbitrators, a majority decides all matters submitted to them ; but where the number appointed is twc% foiir, &c. , who are equally divided in their oi^inions, any person who may be ."(elected as umpire has the sole right to determine the points of difference, and make ihe award. The inspector is, ex officio, umpire in c.ises where only he and another ;.rbitrator are present. In arbitrations under the school law the directions of the statute should be strictly complied with. Reasonable notice of a meeting must be given to each arbitrator. If one or more be absent, the meeting should be adjourned for about ten days, and notice of another meeting again sent to each arbitrator. At the subsequent meeting, two arbitrators can act without their col- le.ague, and make and publish an award, the inspector having a second or casting vote in casi; of a disagreement. 2. Duties of Arbitrators. — No arbitrator should act as the partisan of the person- appointing him. He should divest himself of all prejudice. It will be the fluty of arbitrators to hear evidence on boih sides ; one witness may be ex- clude 1 while the other is being examined. They are the judges of the admissibility of evid -nee so far .as the co^npetency of the witness is concerned. If parties to the arbitration and their witnesses, who are duly notified, do not attend, the arbi- L > I Chap. XV.] POWERS OF boards in regard to sites, etc. 189 trators can proceed, ex parte, and decide according to the best evidence before them. Where evidence is received, however, it should always he taken in the presence of the parties to the rrference, or some one attending on their behalf. Before closing, the arbitrators should receive all the evidence tendered on both sides, and should take notes of it. An arbitrator cannot delegate his power ; but, if he obtains the opinion of professional men, he may adopt it as his own. He may, however, delegate purely mmislerial acts, such as to go from one place to another, to olitain certain definite information, or estimate the value of some specific work performed ; but he canno; direct any jiersun to commit a trespass. If an arbitrator acts corruptly, or with manifest partiality, or colludes with one of the parties, the award is bad. 3. Time of making an Award. — If no time be fi.xcd, an award should be made and published within three months from the time of the submission. The time for making an award may, however, be enlarged. If time lapses belore making an award, the power of the arbitrators is gone until it is enlarged. 4. Making and publishing an Aboard. — All awards should be in writing, signed in the presence of an attesting witness. Where there are two or more arbitrators, all (or the majority if all be not ])resent) must execute the award at the same time and place, and in the presence of each other. An award, however, may, in certain cases, be made and publishetl orally. An award is made when all the arbitrators have signed it. When so signed by the arbitrntf)rs and wit- nessed, their ]K)wer is gone, and no single arbitrator can remedy a mistake or coTect a blunder. It must be done by the signers and with the consent of the parties to the reference. An award is published wIk-u it is sent to either or both of the parlies concerned, or notice is sent to them that it is ready to be delivered. It should be delivered on the day fixed, and then the fees and other txpenses on it are payable. Any kind of words may be used in an award ; but it should be definite, conclusive and final on all the points submitted. Arbitrators are not required to give reasons for their award, nor are they answerable for want of skill in performin.; their dutis; but an arbitrator may be called as a witness to prove facts, whicii occurred or came under his notice during the reference. 5. When an Aivard is bad. — (i) When it is uncertain and not final. (2) When it contains a mistake on the face of it. (3) When the proceedings arc irregular, as want of notice of meetings, improper conduct of arbitrators in receiving evi- dence. (4) Corruption or collusion on the part of the arbitrators. (5) Fraud or concealment of material evidence. (6) When the award cannot be acted upon. the be ex- nlity to irbi- II. -Awards under the Revised School Act. 1. A Valid Award may bi' obtained from Minutes of Arbitration Meeting. - Where no formrd award has been drawn up and signed, the whole of the Minutes- of Arljitration Meetings, if complete and conclu: ive on the points submitted, may be taken and read as a valid award, when signed by the arliitiaturs 'I'he results- may be expressed jrally, but the minutes themselves, signol by the irbitrators, must be held to be the award. 'l"o register such an award, as provided by the Revised School .Act, s. 123, cl. 7, and s. 133, in regard to sch(x)l sites, the signa- ture should be verified by the ahitlavit of one of the trustees. 2. Proeecdim^^s in case Tender of Payment of Site is refused. — The Tnistee Hoard should tender the payment of the amount for school site -iiceified in the award in pre.-,ence of a witness. Siiould it be refused, the site should neverllieles.s tx; taken and used for .scnool purnoses. The Trustees should take possession, ii it can be done, without breach of the peace, othenvise an action of ejectment must he brought by the Hoard. 3. li'/io slionld be parties to the Arbitration. — The persons under the Revised School Act who shoald be parties to an arbitration are the owner or o.vuers. la r 190 POWERS OF BOABDS IN REGARD TO SITES, ETC. [Chap. XV. ■ ordinary cases it is easy to determine who is the owner. But there are cases in 'vhich parties stand in that relation to land or have a remote or (/nasi interest in it. The school law reciuircs that all such j)ersons should he made parties to an arbitra- tion under its provisions. The follovvinjj definition, therefore, may aid trustees in deterinininjj the ([uestion ; (i) Owner — one or more persons holding the fee or havinf^ an equitable interest in the site. (2) Landlord and tenant. (3) Corpora- tions holdinjj land or having an interest in it. (4) Tenants-in-tail (or for life). (5) (juardians, executors, and all other trustees, their heirs and successors, who may represent persons seized, possessed of or interested in the lantl in question. 4. Procecdhii^s 7vlicre Infants arc (hvners. — No valid title to a school site can be obtained under the compulsory sections (128-133) of the Revised School Act where the owners are infants, and where they hold the legal as well as the equit- able title, 'the Court of Chancery in such a case could alone order a sale which would be effectual. The 128th section of the Revised .School Act implies that the administrator of an intestate estate is empowered to sell and convey land for and on behalf of those whom he represents : but he in no sense represents the interest of the infant children of an intestate in his real estate, and cannot, there- fore, he said to be endowed, by virtue of the School Act, with any statutory authority which would enable him to dispose of their real estate. 'I'he relation of trustee and cestiiis c/ne iriistcnl does not exist between them. The only safe course in such a case is for the trustees, under the 133rd section of the Act, and by direction of the Inspector, to pay the sum awarded as payment for the site into the Court of Chancery, upon a petition to which the infants will be parties. III.— Decisions of the Superior Courts in regard to Arbitrations. 1. Costs of Arbitration. — Where the costs of the arbitration are at the discretion of the arbitrators, and the award says nothing about them, each party jiays his own costs of reference, and the costs of the award are to be borne equally. — Glen v. (irand Trunk Railway, 2 Prac. R. 377. Under the school law the arbitrators are entitled to a ]ier diem allowance equal to that paid to county municipal councillors. The costs, or expenses incurred, and their payment are at the dis- cretion of the arbitrators. The award need not be given uj) until the account be paid. (Rev. Sch. Act, s. 127.) 2. Judgment and Expedience. — In Martin v. Kergan (Prac. R., 370), it was held that the parties to an arbitration "have a right to the arguments, experience, and judgments of each arbitrator, at every stage of the pr(x;eedings. " 3. Arbitration, before award made, may be superseded by mutual concurrence. — C'hief Justice Robinson thus laid down the law- on this subject : As a general rule, we ta'>e it that where two parties have a difference upon .any matter of business, and refer it to arbitration, they may afterward;, agree upon the matter on which they had differed, .and so may render it unnecessary that any award should be made. Hy the common law either party might, before the award made, revoke the sub- mission. — There have been restrictions lately placed by statute upon this right of one party to revoke without the concurrence of the other, but it would be most unreasonable and inconvenient to hold that both the parties may not come to a settlement of their dispute, and so dispense with the necessity for the arbitrators proceeding. — Chief Justice Robinson, in re Vance s. King et al, No. /, Hallo^vell, 21 Q. B. 187. 4. Attendance of Witnesses and Production of Evidence. —On an application' (under 7 Will. IV. c. 3, s. 30,) [now Rev. Stat. c. 50, s. 223,] for an order on. witnesses to produce documents before an arbitrator, it must be shewn that they are such as witnesses would be compelled to produce at a trial. — Carroll v. Ball, J L. J. 12. C. L. Chamb. — Draper. 5 . Arbitrators cannot rfuse to examine Witnesses. — W here the arbitrators refused to examine witnesses the award was set aside, although before the submission was Chap. XV.] POWERS OF BOARDS IN REGARD TO SITES, ETC. 191 ley aed signed tlie arbitrators informed the parties that they would not allow either of them, or their attorneys or agents, to be present at their investigations. — /« re McMullm and Tayley, 2 Q. B. 175. P. C— Jones. 6. Rcasoualilc time must be given for prodnetion of all the Testimony. — Where after the arbitrators had commenced their investigation, both plaint itT and his attorney requested delay, and understood that it had been granted, but the arbitra- tors awarded in favour of defendant without giving further lime, and without hear- ing all the testimony that the plaintiff might have offered, the award was set aside without costs. — Grisdalcv. Bculton, I Q. B. 407. P. C. — Jones. 7. All admissible Evidence tendered must be r^t'rtW^.— Arbitrators refusing to give time to produce testimony cannot support their award by shewing that such testimony could have been of no service. — In re Bull v. Bull, 6 Q. B. 357. 1'. C. — McLean. 8. Evidence must be heard ivith fairness. — An award set aside for unfair conduct of the arbitrators in the manner of hearing the evidence. — Hamilton v. Wilson, 4 O. .S. 16. 9. Testimony of interested IVitnesses insufficient. — When arbitrators, without consent, examined an interested \ itness, ami afterwards awarded in favour of the party calling him, the award was set aside. — Davis v. Birdsall, 2 Q. B. 199. 10. V/itucss must be examined in presence of both parties. — Where a witness for one party is examined in the absence of, and without notice to, the other party, the awanl will be set aside. — Hickman v. Laiuson, 8 Chy. 386. n. Testimony must be given in presence of both parties. — An award set aside for irregularity of the arbitrators, such as the examination of witnesses in the absence of the parties, will be set aside without costs. — Campbell v. Boulton, I Q, B. 407. P. C. — Jones. 1 2. li' itness examined by one Arbitrator without knowledge of the others, illegal. — Held, no objection to an award by three arbitrators, but which might have been made Ijy any two, ihat one arbitrator alone examined a witness without notice to the opposite party, it being sworn that the other two arbitrators were totally ignorant of such evidence when they made the award. — Boyle v. Humphrey, i P. H. 18/. P. C— McLean. 13. Information from both sides must be submitted to the three Arbitrators. — vVhere, after an arbitration was closed, the agent of one party sent letters to two of the arbitrators, containing statements and arguments in favour of his principal, which the other party did not see, the award was set aside. — Williams v, Roblin, 2 P. R. 234. P. C— Richards. 14. Misconduct of Arbitrators must be clearly a7ierred. — On application to set aside awards for misconduct of arbitrator, the facts relied upon to establish charges of partiality and unfairness on his part must be clearly averred. Quiere, as to the right on such application to shew cause on the last day of term.^ — In re Hotchkiss and Hall, L. J. N, S. 320. P. C. — Gwynne. 15. Misconduct of Arbitrators must be specifically proved. — A charge of cor- ruption and partiality against an arbitrator must be sustained by specific, not by general, aftldavits. — Burr v. Gamble. 4 Chy. 626. 16. Mistake in initials of name not sufficient to invalidate Award. — Held, that a mistake in the initial letters of the name of one of the parties is not fatal ; and that an award for a certam sum, and that a verdict should be entered for the said sum, naming a larger sum, is good for the smaller one. — Charles v. Hickson, T. T. 3 & 4 Vic. P. C— Macaulay. 13 192 POWERS OP BOARDS IN REGARD TO SITES, ETC. [Chap. XT. 17. Mistake in Law not sufficient to invalidate A^vard. — An award will not be set aside for a mistake in law on tiie part of the arbitrators, not apparent upon the face of the award. — The Municipal Corporation of Kingston y. Day, i P. R. 142. P. C— Bums. 18. Mistake tnUKl appear on face of Award or other writing. — The alletjed mis-- take in law and fact must appear on the face of the award, or be disclosed by some contemporaneous writing. — McDonaldy. McDonald, 7 L. J. 297. P. C. — Ilagarty. 19. Where an A^vard signed by tivo Arbitrators is invalid.— \Jm\er a submission lo three, the award to be by any two, where the award was drawn up as though to be executed by the three, but was executed by two only, and nr) final meeting had of all three for settling the same, nor notice given to the one who did not sign- it, until some days after : held, invalid. — Martin v. Kergan, 2 P. K. 370. P. C. —Bums. 20. When an Award may be made by tivo Arbitrators. — Held, that under the cir-- cumstances stated in this case, that the notice to the third arbitrator of the meeting, to make up the award was sulTicient, — Anderson v. Cotton, 2 P. R. 109. P. C. — Hagarty. 2!. When an Award cannot be separately signed. — An award executed by two- of three arbitrators, at different times and places, and after the time expired, can- not be supported.- Helps v. Roblin, 6 C. P. 52. 22. When an Award may be separately signed. — Held, under the circumstances of this case, not a fatal objection that the award had been signed at dilTerent times, and when the arbitrators were not all present together. — Jones v. Reid, I P. R. 247. P. C. — Burns. 23. When an Award may be executed. — Arbitrators having signed a memorandum of their judgment at the same time and place, may execute the more formal award separately and at different times, but within the lime allowed. — Williams v. Squair^ 10 Q. B. 24. 24. Power of Majority of Arbitrators to Award, when given, extends to all ques-- tions. — Where the submission as to some of the questions expressly states that the majority may award, this power, though not repeated throughout, extends to all matters referred upon which the arbitrators cannot agree. — Thirkclls. Strachan, 4 Q- B. 136. 25. Arbitrators must meet for Discussion — Correspondence insufficient. — Where an award was agreed upon between arbitrators, and afterwards one of them dis- sented, and the others, after discussing his new view by letter, jjublished the award as first agreed upon, it was set aside, because they should have met for the discussion ; a correspondence in such a case being insufficient, though the dissent- ing arbitrator did not object to that method. — Jekyll v. Wade, 8 Chy. 363. 26. Restrictions as to the ponver of altering Award. — Held, under the facts of this case, that arbitrators acting under the School Act had no power to resume con-- sideration of the matter, and issue a warrant to levy after liaving once made the award. — Van Buren v. Bull, 19 Q. B. 633. 27. Arbitrators have no pxnver to alter an Award after miaking it. — An arbitra-- tor's authority ceases after he has executed an award, and he ha* no power to alter or amend such award. — Helps v. Roblin, 6C. P. 52. 28. Effect of altering Award after being made by filling in blanks. — Arbitrators' under the School Act executetl an award, the description of the lot not being fully inserted, but a blank being left therefor, which was afterwards filled in, and the word "lot" altered into "gore." Held, that the award was bad. — Rylatui v, King, 12 C. P. 198. Chap. XV.] POWERS OF roards m reoard to sites, etc. 193 29. Effect of altering Award and destroying thf first one. — The arbitrators havinfj discovered a mistal. .«. 105. 44. Peiver of Arbitrator f la award Costs. — By a submission the costs of the " reference anc! aw.e i " we 1: t> ' -• in 'he discretion of the arbitrators, and they directed that deiT irvVis nor' > tb.- ccists of the "submission and award. ' J/eid, th.\t the r.iurd wa.- 'iiirJ ,' it the costs of the submission and award l)eing set out in fu)l n the djw „ lun, qiuere, whether this could be raised by pleji, or whether Jefonciant shoukl it-.; have demurred. — Elhuood y. The Corpora- lion of the County of Middlesex, 19 Q. B. 25. 45. Award valid when retained until Costs are paid. — The court refused to set aside an award on the ground that the arbitrators hail desired it not to be delivered permission of the trustee board, and then only after school hours, and on condition that all dama^fes be made good, and cleaning, sweep- ing dec, promptly done, or Qompensation made. Chap. XV.] POWERS OP boards im regard to sites, etc. 195 11— DecisionB of the Superior Courts in regard to the School House and Site- 1. SeAao/ House Contracts $tot valid without Trustee Corporate Seal (Rev. Sch. Act, ss. 25, 104 and 238). — The Court of Common Pleas has decided that school trastees, being a corporation under the School Acts, are not liable as such to pay for a school house erected for and accepted by them, not having contracted under seal for the erection of the same. The seal is ^equired as authenticating the con- currence of the whole body corporate. Macaulay, C. J., dissentiente. — Marshall V. School TrusUes of No, 4, Kitley. 4 C. P. 373. NoTB. — Such a contrict, not being binding on the corporation^ would be binding on the indi- vidual trustees who made it with a third party, acting in good faith. Qutrre, whether the trustee- corporation would not, by subsequently taking possession of the school house, or by some other act, recognize the validity of the contract 1 2. Contract under Seal, signed by a majority of the Corporation, binding (Ibid.). — The same court has also decided the following case : — A contract was entered into by a majority of the tmstees, under their corporate seal, for building a school house : after the house was built the trustees refused to pay. In an action brought on the contract, a jury having given a verdict in favour of the trustees on a plea of non est factum, a new trial was ordered, and the former verdict in favour of the trustees was set aside. The court held that a contract entered into by a majority of the trustees under the School Act, with the corporate seal attached, is sufficient ; and a plea that the contract was signed by the sub- scribing trustees, without che consent or approb.ition of the others, was held bad. —Forbes v. School Trustees of No. 8, Plympton. 8 C. P. 73, 74. 3. Agreement under seal for building School House, although indefinite, was bind- ing upon the parties. — The agreement sued on wxs headed, " SpecifiC''\tion of School House in School Section No. 4, Tilbury East." Then followed in detail the size of the building, and the work and material to be employed, and it con- cluded : " The whole to be of good material, and to be finished in a good work- manlike manner, and to be finished on the 1st July, 1873. In consideration the parties of the first part agree to pay the party of the second part the sum of $708, one-half on the 15th May, and the other half when the school hou.se is completed." Then followed the signatures of the three school trustees, with their corporate seal, and the signature of the plaintiff. It bore no date, but was proved to hive been executed by the parties about the 1st March, 1873. It referred to no plan, but the trustees furnished the plaintiff with a plan to work by, and they paid to him $400 on account. They refused to pay the balance, or to accept the building, alleging that it was not properly constructed ; but the learned Queen's Counsel, who tried the ca.se without a jury, found for the plaintiff for the balance of the $708. Held, that it was sufficiently clear from the instrument itself and the acts of the parties that defendants were the parties covenanting with the plaintiff, and that the instrument was intendird so to operate, and the verdict was upheld. — Coghlan v. The School Trustees of S. S. No. 4, in the Toivnship of Tilbury East, in the County of Kent, 35 (^. B. 575. 4. School House and Site in use not liable to be sold on judgment against Trustee- Corporation. — The Court of Queen's Bench has given judgment as follows : — In a case in which a school site had been given to the trustees for the purposes of a school (with the condition tha' it should revert to the giver in case it should cease to be used for school purposes), and on which they had erectetl a school hou.se, judgment was obtained against the corporation for the money due on the building contract. The school house and site were actually sold and deeded by the sheriff; but the court held that the house and land could not lawfully be sold — it being contrary to public policy that a school house in daily use (any more than a court house or jail) should be held liable upon a writ of execution, as not the trustees, but the inhabitants of the locality, are the cestuis que trust {i.e., the persons for 196 POWERS AND DUTIES OF SCHOOL BOARDS. [Chap. XYI. whose benefit the trust is held). The plnintifT should have resorted to his other remedies against the trustees for neglect of duty. — ^olt v. Trustees of Union Section, No. i Burgess and 2 Bathurst. 19 Q. B. 28. 5. Trespass on the School House. — The Court of Queen's Bench has decided that the trustees of the public schools, and not the teacher, should be made the plaintiffs in an action of trespass to the school house ; unless it can be shewn that the trustees have given the teacher a particular interest in the building, beyond the mere liberty of occupying it during the day for the purpose of teaching. — Afona- ghan v. Ferguson et at , 3 Q. B. 484. 6. Land in a City granted to County for School purposes remains in the County Council after incorporation 0/ City — (Rev. Sch. Art, s. 89, cl. 7 [a]). — On the 26th September, 1844, one Le B. conveyed certain land to the municipal council of the district of Dalhousie [now county of Carleton], on the condition of their erecting within a year a school house thereon. The deed did not slate that it was to be a model school house, but that was the only school they could then establish, and the council had on the l6th of May previous, acting under 7 Vic. c. 29 [now Rev. Sch. Act, s. 80, els. 3 and 4, and s. 89, cl. 7 (a)], which authorized the establish- ment of model schools, passed a resolution and by-law reciting the statute, and directing the establishment of a model school, which, within the time limited, was erected on this land. The land formed part of what was afterwards incorporated as the town of Bytown, and subsequently the city of Ottawa, while the district of Dalhousie became the county of Carleton. The evidence shewed that up to 185 1 the school was used as a model school, and that the plaintiffs had always asserted their right thereto, and had ejected one S., who got mto possession as a private, and afterwards as a common school teacher ; and up to 1868, the defendants, the public school board of Ottawa, had admitted plaintiffs' right to it. The 37 Vic. c. 28, O. [now Rev. Stat. c. 204, s. 104, els. 4-7], empowered the public school board of any city to take possession of all public school property, and to hold, as a corporation, all such property acquireh public school board is authorized " to manage and dispose of all money or income for public school purposes ; " and " to apply the same, or proceeds thereof, to the objects for which they have been given or acquired." (Rev. Sch. Act, s. 104, els. 6 and 7.) 9.— Public School Boards may invest Surplus Moneys- The board of school tnistees of any city, town or village, may invest, as they may see fit, any surplus moneys for educational pur- poses, in public securities of the Dominion, municipal debentures, or in first mortgages on real estate, held and used for farming purposes, and being the first lieu on such real estate, and, from time to time, as such securities mature, may invest in other like securities, or in the securities already authorized by law, as may be directed by such by-law, or by other by-laws passed for that purpose. (Rev. Sch. Act, 88. 93 and 105, cl. 5.) Note. — No sum so invested shall exceed two-thirds of the value of the real estate on which it is secured, according to the last revised and corrected assess- ment roll at the time it is so invested. (Ibid. s. 93, cl. 2.) 10.— Municipality may Loan Surplus to School Trustees Any municipal corporation, having surplus moneys set apart for educational purposes, may by by-law invest the same in a loan or loans to any school corporation within the limits of the municipality, for such term or terms, and at such rate or rates of interest, as may be agreed upon by and between the parties to such loan or loans respectively, and set forth in such by-law, ls. (Sec sections 6 and 7 of chapter x., page 169.) 16.— Compulsory Attendance at Sohool School trustee boards are required to see that parents send their children between the ages of seven and twelve years inclusive to soni« school for, at least, four moitths in the year; and for this purpose the law directs that they shall, before the 31st December of every year, ascertain through the assessor, collector, or other {terson ap|K)iiited and paid by them, the names, ages and resitlcnces of all the children of school age (live and sixteen inclusive) in their munici|Kility. They are also re<}uired to notify the parents of delinquent children of their neglect. They are further required either to impose a rate for non- attendance, or bring the parents of the children before a magistrato. (Rev. Sch. Act, ss. 8, 210-212.) Note. — See chapter viii., Part I. of these Lectures, page 60, and also chapter XX. of this Part, sections 2-4. 16.— Teachers Employed by the Trustee Board The board has alone the right "to determine the numl)er of teachere, assistants and monitors to be employed " in the schools under its juris- diction ; but it can only emjiloy as teachers those who *' hold a certifi- cate of qualifioition " as provided by law. Tlie >>oard has also the right to fix — 1. "The terms of employing" teachers. 2. " The amount of their remuneration," and 3. " The duties which they shall perform." (Rev. Sch. Act, s. 104, cl. 9 [6]). Note. — The "duties" here referred to which "teachers shall perform" can only be such (in addition to those which the statute itself and the official regu- lations require them to perform) as may ]>e considered desirable by the lK)ard of trustees. For "duties of teachers," see Part I. of these Lectures, chapter ix., page 62. 17.— Authorised Text Books to be Provided for Pupils. The law makes it the duty of each public school Iwartl " to see that all the pupils in the school are duly supplied with a uniform series of authorized text books." (Rev. Sch. Act, ss. 12 and 104, cl. 19.) Note. — The official programme and accompanying school regulations (which have the force of law) make it also the duty of the trustees to provide facilities for the maintenance uf classes in the public school corresponding to the five reailers — 204 POWERS AKD DtrriES Of SCHOOL BOARDS. [Chap. XVI. ! that is, a class for every reader. Any aggrievcil parent cm bring an action to roni|>el the trustee hoard to provide an education for his child in any one of the five classes prescrilicd in the school programme in which such child is competent to enter. 18 — Facilities for Providing Text Books and Stationery. There are tliree ways of providing text Iwoks for the piipilfi, vi«. : 1. The pupils may be required by the board to provide th.eir own text books, (either (a) at a reduced rate from a text book depository kept by tlie board, — it Insing authorized to do whatever it " may judge expedient with regard to procuring text books," or (6) the pupils may get their books from the Educational Df^pository (at reduced rates), or from the ordinary book shops. (Rev. Soh. Act, c. 104, cl. 8 [c]). 2. As the board is authorized to include the cost of text books in the " estimate " which it lays, from time to time, before the municipal council,* it can either (c) give text books gratuitously to the pupils, or {(i) permit them only to use the books in the school room ; or 3. The lM)ard can ("at their discretion") "collect from the imrenta and guardians of children attending any public school under their charge, a sum not exceeding twenty cents jjer calendar month, per pupil, to defray the cost of text books, stationery and other contin- gencies." In this case the board can also give the text books gratui- tously to the pupils, or what is nearly equivalent to it, permit them to use the books in the schools without further charge. (Rev. Sch. Act, 8. 104, cl. 10 ((/); 8- 105, cl. 2.) Note. — See note 2 to section 5 of this chapter, page 200. 19.— Free Public School Libraries for the Municipality. The law makes it the " duty " of every public school board " to appoint a librarian to take charge of tlie school library or libraries." It further authorizes public school boards " to do whatever they may judge expedient with regard to ... . e8ta1)1iHhing and main- taining school libraries," and empowers them " to prepare and lay before the municipal council .... an estimate of the sums which they think requisite .... for the establishment and maintenance of school libraries." (Rev. Sch. Act, s. 104, els. 8 (c), 10 (e) and 20.) Note. — Under the regulations of the education department ample facilities arc Erovided so that the board of trustees can establfsh and maintain three kinds of braries in their municipality, viz. : — (l.) A library for the use of the pupils in the schools. (2. ) A professional library of books on education, and books of reference, for the sole use of the board and of the inspectors and teachers employed. (3.) A free public library of miscellaneous literature, for the use of all classes of the ratepayers. * In regard to thii "cktimate," see section* 6 and 7 of chapter x. ; page 169. Ohap. XVI.] POWERN AND DUTIRH OF SCHOOL BOARDS. 205 (4.) The department ha.H generally an abundant supply of all kind.< of Iwolcs, and can always procure any desirable special works which ntay be required. The im per cent. i» allowed 011 all remittances received for these libraries. 20.— Annual Report of Public School Board. Public school l)oard8 aro required to ro|K)rt anntmlly — 1. To th« Minister of Kdiiuation acconliiig to a form proridod by him. (Rev. Sch. Act, s. 104, cl. 28.) 2. To their conHtitueiitH " in one or more of the |mblic newHimpem, or otherwise," a report of their proceedings, of the progress and stat*) of the schools under their charge, and of the receipts and oxpvnditiiro of all school moneys. {Ibid. cl. 27.) Note. — Public school boards are not required to report at the ii:'nual meeting of their constituents, but only in thi- public papers, in a pamphlet, or 011 a prinlea sheet, as may be deemed most satisfactory and convenient. 21.— Miscellaneous Duties of Public School Boards. Publ". ;, lool l>oards arc also authorized and re(i\iirpd— 1. To elect annually or oftener from among th«(ii own numlter a ( l^hirman, who shall have the riglit to vote at all times. (Kev. Sch. Act, 8. 104, cl. 1.) Note. —A majority of the members of a school board shall constitute a quorum, and the votes of a majority of such quorum shall bind the corpv^.-Tttioii ; and in cise of an equality of votes, the chairman shall have the casting vote in addition to his own vote. (Rev. Sch. Act, s. 98.) 2. To appoint the times and places of their meetings, and the mode of calling them, and of conducting and reconling tlxiir proceedings, and of keeping their school accounts. (Rev. Sch. Act, s. 104, cl. 2.) Note. — The first meeting of every board may be called by any member thereof, and it shall take place in the municipal council room. {/iit/. cl. 2 fa]). 3. To provide for the payment of the salaries of masters and teachers for the authorized holidays occuiTing during the period or at the end of their term or engagement, etc. ; and also for a period of sickness during such term or engagement. (Ibid, cl, 16.) 4. To admit to their school, on payment in advance of a school fee, not exceeding fifty cents |»er pupil per calendar month, any non- resident pupils who reside nearer to such school than to the school of their own section or division. (Ibid. cl. 17. See s. 6, c. xx.) Note i. — In case of dispute as to the distance from the school the inspector shall decide, (/diti. cl. 17 [a]). Note 2. — Non-residents .sometimes send their children to board with a friend or relative in a city, town or village, with a view to claim admission for such children to the school or schools of the municipality, on the ground that the friend or relative is a ratepayer of the municipality. In such a case the trastees would be justified in refusing admission to the children, unless the claim fell within the following rules : (i.) That the non-resident was a ratepayer of the municipality, and that the school was nearer to the residence of the non-resident than the school 206 POWERS ANr DUTIES OP SCHOOL BOARDS. [Chap. XVI. in his own section was; (2) that the friend or relative was a duly appointed guardian of the children, and who in the eye of the law stands in the place of the parent, '''he uncle, or other relative, is not, by virtue of his relationship, a guardian within the legal acceptation of the term. 6. To provide for the payment of — (a) $5 per diem to the inspector while he is engaged in the examina- tion of pupils for admission to the high school or collegiate institute. (6) The contingent expenses of this examination. {Ibid. els. 22 and 23.) Public school boards may also at their discretion — 1. Appoint a committee of three for the oversight of each public school. (Kev. Sch. Act, s. 105, cl. 1.) 2. Supplement out of their local funds the pension of a super- annuated school teacher. {Ibid, cl, 4.) 3. Exercise the general powers of rural school trustees. {Ibid. cl. 6.) 22.— Union Board of Public and High School Trustees. Where a union between a public and high school (or collegiate institute) exists, all the members of both corporations form a joint board, under the name of " the Board of Edi'.cation for the city (town or incorporated village of , or school section No. — , in the township of , as the case may be)." Seven of the members of the joint board shall form a quorum. (Rev. Sch. Act, ss. 153, 154.) 23.— Dissolution of the Union of Hiffh and Public Schools "The union may be dissolved at the end of any year by resolution of a majority present at any lawful meeting of the Board of Education called for that purpose." (Rev. Sch. Act, s. 155.) 24.— Division of School Property of Union Board. " On the dissolution of such unior^ the school proi>erty held or possessed by the Board of Education at the time shall be divided or applied to school purposes, as may be agreed upon by a majority of the public school trustees, and of the high school (or collegiate institute) trustees respectively present at meetings cUled for that purpose. If the trustees fail to agree within the space of six months after such dissolution, then the division shall be made by the municipal council of the city, town, or incorporated village, within the limits of which such public and high schools (or collegiate institute) are situated." If the high school is situated in a school section or unincorporated village, the division, in case- of failure to agree, as aforesaid, shall be made by the cojiuty council. (Rev. Sch. Act, ss. 156, 157 and 158.) 25.— Qeneral Powers of the Joint Board. The Board of Education thus constituted, " shall have the powers of the trustees of both public and high schools." (Rev. Sch. Act, 8. 154.) Chap. XVI.] POWERS AND DUTIES OP SCHOOL BOABDS. 207 Note.— The powers of the joint board include the right to make application to the municipal councils ol the high school district to levy and collect whatever sums may be r.qiiired for the high school, and to the municipal council of the city, town or village in which the public school is situated, for the sums required for the sup- port of the public school.* And it is the d ity of the council of the municipalities concerned, upon the requisition of the joint board, to provide such sums as may be desired by the board, according to an estimate which the board shall lay before the ■council. The union of the boards implies a harmonious system and a gradation of schools ; the high school being in reality the superior school of the city, town or village, and the public school being the primary and secondary, and being open to all on examination ; the high school teaching the higher branches, with the classics and mathematics, if desired, and being open to those public school pupils and •others whose literary qualifications enable them to pass the required examination. 26.— Law in regard to High Schools (or Collegiate Institutes). In thLs connection the following is a summary of the law relating to high schools and collegiate 'nstitutes. That relating to public schools has already been explain oi. (a) Object of Hiyh Schools. — The object, intended in the establish- ment of high schools is to provide that they shall afford higher instruction in a thorough and satisfactory manner, as prescribed by the official programme of studies in these schools. Failing in this, they merely occupy the position of a public school, and as such should only receive the lesser apportionment made to public schools, or be discontinued, a.s provided in the Act. (Rev. Stat. c. 205, s. 6.) (6) The County Assessment for a Municipal Grant to a high school or collegiate institute,t must include (1) an equivalent to the legis- lative grant to the high school and (in the case of a collegiate insti- tute) the grant to it as a high school, and also that of $750 to it as a collegiate institute. (Rev. Stat. c. 205, ss. 29 and 30.) (c) Liabilitji of High School (or Collegiate Institute) Districts. — The municipality, or part municipality (or municipalities), forming a high school (or collegiate institute) district, is liable for all additional sums required by the trustee board for the building and maintenance of the high suliool or collegiate institute. (Rev. Stat. c. 205, ss. 7 and 29-31.) Note i. — The high school law, as amended in 1877, confirmed all existing high schools, but it gave the county coun-zil no power to form any new high school districts in the future. The council can, however, repeal any by-law constituting an existing high school district, thus making the local high school a county high school in terms of the Revised Statute, c. 205, s. 7. Note 2. — The supporters of Roman Catholic separate schools are, equally with the supporters of public schools, liable for all rates imposed for high school and collegiate institute purposes. )Wers Act, • See sections 5-8 of chapter x., pages 169 and 170. + The term "high school" in genera) includes collegiate institutes, as well aa ordinary high schools. (Rev. Slat. c. 305, s. 30.; 14 -I 208 POWERS AND DUTIES OF SCHOOL BOARDS. [Chap. XVT. Deoiuons of the Superior Coarte in regard to High SchoolB. 1. Board of Education can require Municipal Council to raise rates for High Schools. — Upon the affidavits and facts stated below, a mandamus nisi was ordered on the application of the joint Board of Education of the town of I'erth, command- ing the corporation of the town to provide ^l6,ooo, as required by said board, for the maintenance and accommodation of the high school, to pay for a school site and building of a school house and premises connected therewith, as shewn by the estimates prepared and submitted by said board to the corporation. It was held that the joint Board of Education were the proper applicants, and not the trustees of the high school board. The sections of the High School and Public School Acts, 37 Vic. chs. 27 and 28, O. [now Rev. Stat. chs. 204 and 205], which confer on the joint board ?he powers of each board, mean the powers possessed by each board for the purpose for which such board was created Ix'fore the creation of the joint board. Semhlc, that the demand here was not in form sufficient ; but the council having resisted the application on other grounds, effect was not given to the objection. — In the matter of the Board of Education of the Town of Perth and the Corporation of the Tffion of Perth, 39 Q. B. 34. 2. Municipalities in High School District liable for building and maintenance of the Hij^h School.— Held, under 37 Vic. c. 27, O. [now Rev. Stat. c. 205], tha the high school board for a district consisting of two municipalities, a town and a township, could call upon one of the municipalities — the township — to contribute towards the erection of a school house in the other municipality, and not merely towards its maintenance. — In re the Niagara High School Board and the Toxonship of Niagara, and the Rca'e, ^c, of the said 7o7onship, 37 Q. B. 529. 3. Rehearing of the foregoing judgment confirmed. — Held, on rehearing, affirming the judgment of Wilson, J., 37 Q. B. 529, that under 37 Vic. c. 27, O. [now Rev. Stat. c. 205], the high school board for a district consisting of two munici- palities, a town and a township, could call upon one of the municipalities, the township, to contribute towards the erection of a school house in the omer munici- pality, and not merely towards its maintenance. — In the matter of the Niagara High School Board and the Corporation of the Township of Niagara, 39 Q. B. 362, 4. Appeal against foregoing judgment dismissed. — Held, affirming the judgment of the Queen's Bench, that under 37 Vic. c. 27, O. [now Rev. Stat., c. 205], the high school board for a district composed of two municipalities^ a town and a towns'iip, can compel one of the municipalities, the township, to contribute towards the erection of a school house in the other municipality, antl not merely towards its maintenance. — In the mutter of the Niagara High School Boatd and the Corporation of the Toxnnship of Niagara, i A. R. 288. 5. Rate for a High School not in existence illegal. — A county council is not autho- rized undfir 37 Vic. c. 27, O. s. 47. [now Rev. Stat. c. 265, s. 32], to raise money by by-law for a high scnool not in existence, but in contemplation only. — Sharp V. Corporation of the County of Peel, 40 Q. B. 71. 6. Mode of assessment for High Schools. — The three united counties of Stor- mont, Dundas and Glengarry, were formed into five high school districts. Held, that under 36 Vic. c. 48, s. 383, sub-s. 6 [now Rev, Stat., c. 174, s. 465, cl. 6], and 37 Vic. c. 27, s. 45, O. [now Rev. Stat. c. 205, s. 30], the aid granted by the corporation to the high schools to supplement the government grant, mu.st be an eijual rate upon the assessable property of the united counties, not upon each high school district for the sum apportioned to its schools. — Re Chamberlain, and the Corporation of the united counties of Stormont, Dundas and Glengarry, 42 (^. B. 279. 7. Meani7tg of *' maintenance" and ''' accommodation" as applied to High Schools. — On an application for a mandamus to compel a municipal corporation to provide $286 74 for a board of school trustees, they were described in the pro' Chap. XVII.] INSPECTORS ok public schools. 209 ceedings as " The Trustees of the Port Rowan High School;" and it appeared that on the 1st of July, 1872, a demand was made on the township corporation, headed, "School Section No. 12, Walsingham, Port Rowan, July 1st, 1872," and stating that the amount required was "for expenses of conducting the high school ;" and was signed " William Ross, secretary and treasurer of Port Rowan High School Board." Subsequently to this, on the 19th August, 1872, the secre- tary of the board sent a letter to the clerk of the township corporation, headed, "Office of ti.c High School Board, sec. No. 12, Port Rowan, 19th August, 1872," stating that in making up the estimates for the "current exjienses of high school," an error had been made, and that the amount actually required was $286 74, which amount he was required to m.\ke immediate demand for from the council, etc. In reply, the township clerk sent a letter addressed, "To Rosa, Secretary Port Rowan High School Board," enclosing a copy of a resolution passed by the township council, stating that they declined to pay " the demand of the Port Rowan High School Trustees," etc. Held by the court: (i) That the description of the trustees was sufficient, for that, although " the Trustees of the Port Rowan County High School " would appear to be more correct, yet the Act 34 Vic. c. 33, Ont. [now Rev. Stat. c. 205], did not in express terms give any corporate designa- tion, and the township corporation by their action had shewn that they fully under- stood the body with whom they were dealing. (2) That the demand was sufficient, being signed by the secretary and treasurer, the officer and organ of the Ixjard, and having been recognized by the resolution of the township council as the demand of the board. (3.) That it was not necessary to give the estimates on which the sums required were based, there being a difference in this respect between the Grammar School and Common School Act. (4.) That the purpose for which the money was stated to be required, viz. ; " For expenses of conducting high school," and "cur- rent expenses of high school," fell within the meaning of the words " maintenance and school accommodation," used in the statute. — In the matter of iJie Trustees of the Port Ro-ivan High School, and the Corporation of t/u Township of Walsingham, 23 C. P. II. CIIA.FTER XVII. INSPECTORS OF PUBLIC SCHOOLS. I.— APPOINTMENT, SALARY AND TENURE OF OFFICE. 1.— Three kinds of Public School Inspectors. The law provides for the appointment of three kixids of public school inspectors, viz. ; 1. For counties, or ridings of counties (including villages), or for portions of counties containing French or Germau schools. 2. For cities. 3. Fo.* towns. 2.— Who may be a Public School Inspector P A person may be an inspector who po&sesses the following qualifi- cations, viz.: no INSPECTORS OF PUBLIC SCHOOLS. [Chap. XVJI. 1. He shall hold a first-class provincial certificate of a public school teacher, gnvde A. 2. He shall hold a degree in Arts ; and on graduation he shall have obtained first or second-class honours in any one or more of the recognized departments of examination in his university, and shall, in acldition, have successfully taught five years in a public or high school, and shall funiish to the Department evidence of temperate habit? and good moral chanuster. (Public School Regulations.) 3.— Who may not be a Public School Inspector. 1. No master or teacher of a higii school or collegiate institute. 2. No master or teacher in a public school. 3. No trtustee of a high school or collegiate institute. 4. No public school trustee. 5. No sejMti-ate school trustee. (Rev, Sch. Act, s. 226.) 4.— Jurisdiction of County Inspectors. 1. A county inspector may have jurisdiction over not less than 50, or more than 120, public schools. 2. If for counties in which French or German prevails, he may have charge of not less than 40, or more than 120, schools. 3. Except in the case, as above, of French or German schools, " it Bhail not be necessary to appoint more than one [inspectf>r] in each riding of a county." (Rev. Sch. Act, s. 87, cl. 2.) 5— Appointment of Public School Inspectors. Each county council, or city or town board of public school trustees, is required to appoint a public school inspector for the county, riding, city or town (as the case may be). (Rev. Sch. Act, s. 87, cl. 2 ; s. 104, els. 9(c) and 21,8. 177.) Note. — A county council, or city or town board of trastees, is not requiretl to appoint a person to be an inspector who is a resident of the county, city, or town concerned. A person in any county, who holds the legal "certificate of qualification," may be app>ointcd public school inspector. But no county council or board of trustees can lawfully appoint a person as inspector, unless he iirst presents to it a legal certi6cate of qualification for the office. 6.— Inspectors may be changed in a County. •' In a county where there are two or more county inspectors, tlie council of such county may, from time to time, change or remove said iiisj>ectors from one circuit or riding of the county to another." (Rev. Sch. Act, s. 87, cl. 2 (d.) Note. — The word " circuit " here derives its meaning from a former School Act. which provided that "where there are more than one [high] school in a county, the county council shall hare authority to divide the county into as many circuits a^ there are county [high] schools." Chap, XVII.] INSPECTOBS OB PDBLIC SCHOOLS. 211 7.— Do Inspectors require to bo appointed Annually? No ; the law requires that each county council, or city or town public school board, " shall appoint " a legally qualitied ins|>ector, who ^' shall be subject to diuiaiHsal," or who, in the case of county inspector, way be changed or removed from one part of the county to another ; but it does not provide for the annual apjwintment of an inspector. (Rev. Sch. Act, s. 87, els. 2 (d) and 180.) 8.— An Inspector's Tenure of Office. An inspector may be dismissed — (a) By th3 county council, or city or town board ap{)ointing him, for mi.sconduct or inefficiency, or by a two-thirds majority of all of the members of the county council, or city or town board of [Miblic school trustees, without assigning cause. (Rev. Sch. Act, s. 180.) (b) A county inspector by " the Lieutenant-Governor " for mis- conduct or inefficiency alone. {IlnJ. s. 181.) Note. — It will be seen that it requires the vote of a two-thirds majority of a// of the members of a county council or schoector3 are paid jointly by the Education Department and county council, while tho.se of city and town inspectors are paid wholly by tlio public school lK)ard which appoints them. (Rev. Sch. Act,'s. 87, cl. 2; s. 101, cl. 9 (c),ss. 184, 185, 187.) 11.— Payments to County Public School Inspectors. A county public school inspector is entitled to the following -mnual .salary and allowances : 1. From the Edncation Department: A "sum not exceeding $5 per school," or department of a school which (1) is taught by an assistant teacher, (2) in a separate room, (3) and having a regustor of its own. (Rev. Sch. Act, s. 187.) 2. From tJie Votinty Council: A sum which ^^ shall not he le^t than $5 per school per annum, to be paid quarterly." {Ibid. 185.) 212 INSPECTORS OP PUBLIC SCHOOLS. [Chap. XVII. 3. "Allowance for travelling exj)enses" as inspector, — to be paid l*y the county council, (/bid. 188.) NoTF. — It is, of course, expected that the county council will also make pro- vision for {laying the jxistage, stationery and other contingent expenses of the inspector's office. 4. As 11 TiKimber of the county board of examiners, he "shall be cntitltMl to [iit lea.st] the same recomi)ense for his time and exiKjnses Ji8 i.H a member of the county corj>oration for hi.s attendance at county council meetings," to be paid by the county council. (Ibid. s. 87, d. f) (a), ands. 199.) 5. JlemuneratioH from other parties. — The county inspector, as an nrbitnitor betwe(;n trustees and ratepayers for the selection of a school site, *' shidl lie entitled to the same remuneration |)er diem for the time thus employed as is a member of the municipal council of his county for his attendance at council meetings," to bo paid by whom and when, a.s may be awaixled by the arbitrators. {Ibid. 127. •See No. 12, l)elow.) 6. As an arbitrator to determine the value of land selected for a school site; — amount and i)ayment as in No. 5. 7. As an insiiector Avhen " engaged in investigating and deciding uj)on school comjilaints and disputes j" — amount and payment as in Nos. 5 and 6 above. 12.— Who pays Inspectors in Dispute and Arbitration Cases ? Tlie law declares "that the jmrties concerned in [the] disputes, complaints and arbitrations mentioned in Nas. 5 and 6 in the pre- ceding section, shcdl pay all the expenses incurred in them, according to the awanl or decision of the arbitrators and school ins[)ectors i-espectively." (Rev. Sch. Act, s. 127, cl. 2.) 13.— Other special allowance to County Inspectors. The other s|)ecific duties which a county inspector is required to }K)i-forni, and for which no additional remuneration is tixed by law or regulation, but which may be determined by the county council, are as follows : 1. Equalizing annually the assessments in union school sections. (Rev. Sch. Act, s. 188, cl. [a). 2. Apportioning and paying to teachers of union school sections not within his jurisdiction such sums as may be coming to them. — (Ibid.) Note. — By such union school sections are meant those which have part of their area in the township or townships of one inspector while the school house may be situated in the township of another. The school belongs to the township and county in which the school house is situated. 3. Acting as a member of the board of examiners for the admission of pupils to the high schools. (Rev. Stat., c. 205, s. 61.) ?i ^'hap. XVn.] INSPECTORS OF PUBLIC SCHOOLS. 21.) i I 4. Visiting and inspecting schools, and giving special c^rtiBcates to teachei-s in new and remote townships. (Rev. Sch. Act, s. 188, cl. (6). II.— POWERS AND DUTIES OF PUBLIC SCHOOL INSPECTORS. 14.— County and City Inspectors' Full Time to be Employed. Each county and city iusjwctor shall devote the whole of his time during the ordinary office hours to the duties of his office, except ■during the school holidays and vacations and his own. (Rev. Sch. Act, s. 191. Public School Regulations, Title I., Part IV., c. 5, page 159.) 15.— Duties of City and Town Inspectors- City and town ins]iectoi"s shall i)crfonn such duties as devolve upon them by the school law and regidations, with such additional duties as may be i-eijuired of them by the public school boards which appoint them. They shall visit the schools a.s often as directed by the board, and, in their visitations, shall be governed by the general regulations (so far as they apply to city or town schools). They shall also keep one or moi-e regiilar office hours in each day, as fixed by the board of trustees, and of which public notice shall be given. (Rev. Sch. Act, 8. 104, cl. 21 (a), ss. 191, 194. Ibid, page 159.) 16-— Summary of the Powers and Duties of Inspectors in Cities and Towns. In addition to the foregoing duties, the inspectors of public schools in cities and towns are expected to perform the following ones : 1. Custodian of School Property. — He (under the direction of the proper committee) shall be the s|)ecial custodian of all the chattel property and effects of the school board in use in the several schools ; and it shall be his duty to see that the same are used with care, and are pi-oi)erly preserved. To this end he shall hold mastei-s and teachers to a strict accountability. 2. A ttend Committees. — He shall attend and advise, when requested, ■\irith any standing or special committee of the school board, in respect to mattei-s committed to them, and shal' perform such duties in respect to such matters as may be prescribed by the board. 3. Report on School Fixtures.— He shidl report from time to time to the school board (or committee) what furniture and school fixtures are necessary for the public schools, and what, in his opinion, is the proper kind of such furniture and fixtures to be procured for any school, and best adapted for use therein ; and the board (or com- mittee), if they concur in the recommendation of the inspector, shall direct him to procure the same, and cause it to be placed in the school house where it is required. 4. Etport on Alterations, d'c. — The inspector shall also report to ±he board (or committee) from time to time what alterations, if any, 214 rasPECTORs OP PUBLIC scnooLS. [Chftp. XVIL I'l ■: are, in liis opinion, necessary to be made in tlip internal arranfjement of the Kchool buildings ; and the lK)ard (or committee) shall, if they approve such cliange, cause the same to be made. 5. Use of School lloug",, dec, — He shall see that the school building» are not used for any other purpose than the accommodation of the public schools, except by special permission of the board. 6. Teacher^ Meetincjs. — He shall have the power to convene the masters and teachei*s, or such of them as he may designat<>, in special meetings, the members of the board (or committee) having always the right of being present at such meetings if they desire it. 7. Grant Special Certijicate. — Ho may, as indicated in section 25, page 217, grant 8j)ecial and interim certiiicates to public school teachers. 8. Snsperul Teachers' Certijtcatea. — He shall lutvo authority to suspend, for any cause which he may deem sutKcient, the certificate of any teacher within his jurisdiction. (See section 27, page 217.) Note I. — Though the summary only of the powers and duties of city and town inspectors is given here, yet many other powers and duties will lie found i. this chapter. The whole of chapter xviii. also applies to city and town inspectors. Note 2.— The following sectioi.s refer chiefly to county inspectors. 17.— Inspector to Decide School Election Complaints. Each county iiiS|)ector, in the manner indicated below, is required by law to hear and decide upon the following complaints (if made in writing within twenty days) arising out of rural school section meetings, viz. : — 1. "Respecting the mode of conducting the election" of a rural public school trustee. The inspector must " receive and investigate " it, " and according to the best of his judgment confirm it or .set it aside, and appoint the time and place for a new election." (Rev. Sch. Act, 8. 194, cl. 8 (/')• Note. — It will be observed that in any complaints against the vunie of conducting a rural school trustee election, the inspector is retjuired to ' ' receive and investigate " it, "and either confirm it or set it aside, and appoint a time and place for a new election. He cannot lawfully "confirm" p.irt and "set aside" part, but must either confirm the whole or set aside the whole, as the case may be. 2. As to complaints made in writing within twenty days, either (1) " In regaitl to the election of school trustees, or (2) in regiird to any procecdiny of a school meeting," the inspector is required by law " to receive, investigate and decide upon " them. He should not dismiss the complaint, or refuse to entertain it. 3. If the proceedings be set aside, a reasonable time should be allowed to permit the parties concerned to appeal to the Minister of Education against the ruling of the inspector, before calling another meeting, or otherwise carrying out the decision of the iiLspector. 4. The decision should be given tis soon as possible, but not necea- aarily within the twenty days mentioned in the Act. Chap. XVII.] IN8PKCTORS OF PUBLIC SCHOOLS. 215 5. A rcasomvblo tiino may be taken by the iiiHpector to investigate the uompluiiit, and, if he desires it, he may apply to the Minister of Education for advice on any doubtful point. (Kev. Sch. Act, ss. 190, 194, els. 9, 11.) 18 —Appeal against Inspc or's Decisions. 8houl(l any ratepayer ol»jcct to the ins|)ector's decision, no further proceediM). Note. — The law does not require the inspector to decide upon any school meeting or election complaint within twenty days after the meeting takes place, or within twenty days after the complaint is made to him ; but it forbids him to entertain any complaint which is not made to him in writing within twenty days after the meeting takes place, against which, or its proceedings, the complaint is made. 20.— Appeal to Inspector from School Section Auditors. The law states that in case of dilierence of opinion between the [.school section] auditors on any matter of account, it shall be referred to and decided bv the county inspector. (Rev. Sch. Act, s. 118, cl. 5; s. 194, cl. 10.) Note i. — The law also declares that if both of the school section auditors object to the lawfulness of any expenditure made by the trustees, they shall submit the matters in difference to [the annual school] meeting, which may either determine the same, or submit the matter to the Minister of Education, whose decision shall be final." (Rev. Sch. Act, s. I18, cl. 3.) Note 2. — ^The auditors have a right to decide upon the lawfulness, and not the expediency, of the expenditure. The trustees are the sole judges of the expediency 21G INSPECTORS OP PUBLIC 8CII00M. [Chap. XVII. of any expenditure. It is only matters of diflference between the auditors them- selves as to the laui/iihii'ss of any ex|)enditure (that is, whether the expenditure is authorized hy the school law), which it is necessary to submit for the decision of the inspector. (See sections 9 and 10 of chapter v. of Part I., pages 38 and 39.) 21.— Decide upon all other kind of Complaints. Each inspector is authorized " to decide upon any question sub- mitted to him, whiclt arises between interested parties under the opemtions of the School Act." (Rev. Hch. Act, s. 194, els. 11, 12.) Ho should promptly adjudicate upon all cases submitted to him, after hearing both siiles, and give such coun.sel and advice (in harmony with the school law and regulations) as shall, in his judgment, best promote the interests of the schools and ju-event disputes aiid litiga- tion in neighbourhoods. Note i.— From the fore<;oinjj section it will be seen th.it each inspector's office is constituted a domestic forum iar the settlement of all local school questions and disputes which may arise within his jurisdiction. NoTK 2. — A public officer who is re(|uired by law to act in certain cases, accord- ing to his judgment or opinion, and subject to penalties for his neglect, is not liable to a party for an omission arising from a mistake or want of skill, v/hilc acting in ^ood faith. 22.— Inspector may refer Questions to Minister. The law authorizes each insi)ector to refer any question submitted to him to the Minister of Education. (Rev. Sch. Act, s. 194, el. 11.) 23.— Minister to hear Appeals and Settle Differences- The School Act declares that " the Minister of Education shall have authority to decide upon all disputes and complaints laid before him, the settlement of which is not otherwise provided for by law, and upon jiU appeals made to him from the decision of any iiis^jector or other school officer." (Rev. Stat. c. 203, s. 6, cl. 4.) Note i. — All parties concerned in the operations of the school Laws have the right to appeal to the Minister of Education. But for the ends of justice, to pre- vent delay and save expense, it will be necessary for any party thus ajipealing : I. To furnish the party against whom he may appeal with a correct copy of his communication to the Minister, in order that such party may have an opportunity of transmitting any explanation or answer deemed expedient. 2. To state expressly in the appeal that the opposite party has been thus notified, as it must not be supposed that the Minister will decide or form an opinion on any point affecting different parties, without hearing both sides. Note 2. — Application for advice in chool matters, should in all cases he^rsf made to the inspector having jurisdiction in the municipality. 24.— Powers and Responsibilities of Inspectors. The School Act declares, that each inspector sliall " have, in every municipality within his jurisdiction, all the powers, and be subject to all the obligations which are conferred or imposed upon inspectors Chap. XVII.] INSPECTORS op public scnooLS. 217 1 by law, according to such instructions as may l>e ^'ivtm to him, from time to time, by tho Minister of Education." (Hov. Hch. Act, h. 194, cl. 41.) Note. — As inspectors receive one half of their salary throu^jh the F.ducation Department, it was necessary that their responsibility to it shuuld i)c fixed a& above. 26.— Inspectors to grant Speciu! Certificates to Teachers. Inspectors nro aittliorizcd " to give to i ny candidate, on due exami- nation, according to the programme auinorizcd for the examination of teaclKU's, and siil)j<;ct to tiie regiih; lions of the Kducation Depart- ment, a certiticate of qualification to teach a school within tho limits of the charge of such insj»ector, until (but no longer than) th«^ next ensuing meeting of the board of examiners of which such school inspector is a member. No such certiticate shall be given a seconHs provincial cortificato, tho hiw rc(piin'H tho inspector to report tlio same forthwith to the Minister of Kdiication, notifying' in writiiiji; tho teacher whoso certi- rioato is suspended the rea.sons of it ; and tho Minister shall finally decide upon tho caso. (Rev. Sch. Act, a. 194, cl. 20 («), and h. 27.) 3. On the susptinsion of any certificate tho inspector sliould uk onco notify the tnisttfes of the school of the fact, as tlie hiw declares that "the cancelling or sus|jension of a teacher's certificatt! of (pialifi- ctttion shall release his school trustees from any obli;,'atio:i to con- tinue liiin ill their employment." (Rev. Sch. Act, s. 194, cl. 20 (c.) 29.— How Inspector shall Apportion the School Fund- •' Unless oth(;rwise instructed hy tho Minister of Education, the county inspt!ctor shall apportion among all of the school sections and divisions under his jurisdiction their respective portions of the public school fund . . . according to the ratio of tlio average attend unco of piij»ils at each [aiblic .school (the mean attendance of pupils for each half year being taken) as compared with tho whole average number of jjupils attending the public schools of every such town- ship." (Rev. Sch. Ac, s. 194, cl. 13.) NoTK. — The scliool law defines tlie "school fund " to be " the sum of money apportioHL'il tinnu.-illy by the Minister of Education to each county, township, city, town or viiiafjc, in aid of public schools, , . . together with at least an e(|ual sum raised annually by loi-al assessment." This, it declares, "shall constitute and be called the public school fund of such county, township, city, town or village." (Rev. Sch. Act, s. 213.) 30.— Basis on which tho Apportionment is to bo made. The return of average attendance in the trustees' half-yearly reports form the basis for api)ortioning the school fund to the several public schools of each township. The legislative grant forms the school fund for the first half year, and the municipal assessment the school fund for tho second half year. (Rev. Sch. Act, s. 102, cl. 27; ss. 213, 240.) Note. — See section 12, chapter!., page 114. 31.— Apportionment to be made to every School Section- The county inspector is required to apportion each half year's school fund to every section, whether a school is in operation in it or not, for that half year. In case there is no school in operation in a section, or the trustees fail to send in a report, the inspector must make an approximate apportionment to the section. (Rev. Sch. Act, s. 194, cl. 14; s. 240.) Chap. XVTI.] INSPECTORS of public schools. 219 32.— Non-Besidonts not to be Reckoned. When niivking the iipimrtionmont, the attondanco of any iion-reHi- dent pii|iilH iH to iyo, ivckonod aH lx;lon(^iiig to tlio soctiun in which thoy are actual residents, and not as b(!lonf,'in<» to tho Hoction in whicfi they may attend school. (Kev. Sch. Act, h. KiO, cl. 2. See section '.\, chapter iv., of Part I. of these Jiectures, page 37.) Note i. — !\'on-rcsideiit pupils are lliosc whose parents or j;«ar(lians do not resiile in the section or school division. .Such pupils do not iicconie residents by l)oardiny in the section or division while attendinfj school, or until after the expira- tion of a year. (This rule does not apply to apprentices, or to parties who move into the section with a view to become hoiux /uie residents.) (See i'aj;e 37.) NoTK 2. — A ratepayer in a section or division empioyinp. temporarily, a minor (whose parents or jjuardians reside outside of the section, &c. I, cannot lawfully report such minor in the school census, nor claim to send him as a rcsiiecti<)ns, embrace an acre in extent, so as to allow the school house to be set well back from the road, and furnish pUy grounds within the fences. A convenient form for school grounds will be found to be in .in area of ten rods front by sixteen rods deep, with the schooi house set back four or six rods from the road. The ground should be strongly fenced, the yard and out-houses in the rear of the school house being invariably separated by a high and tight board fence ; the front ground being planted with shade trees and shrubs. For a small school, an area of eight rods front by ten rods deep may be sufficient, the school house being set back four rods from the front. m Chap. XIX.] GENERAL FBOTISIONB OF THE LAW. 225 Note 3. — Space for Air. — Whether the required space of twelve square feet for each pupil, and the average space for one hundred and twenty cubic feet of air for each child have been provided for in the construction of the school house and its class rooms.* Note 4. — Well; Proper Conveniences. — Whether a well or other means of pro- curing water is provided ; also, whether there are proper conveniences for private purposes of both sexes on the premises ; and whether the regulations in regard to them« contained on pages 104-108, are observed. CHAPTER XIX. GENERAL PROVISIONS OF THE LAW APPLICABLE TO ALL SCHOOLS. 1.— All Public ScL-ols shall be Free. " All public schools shall be free schools. (Rev. Sch. Act, s. 7.) The trustees of rural school sections, as well as the municipal councils of cities, towns, villages and townships, shall, in the manner now pro- vided by this Act, and the Municipal and Assessment Acts then in fotce, levy and collect the rate upon the taxable i)roperty of the school section (a« Hue, case may be), to defray the expenses of such schools, as determined by the trustees thereof" (Rev. Sch. Act, s. 101.) Note. — The manner of raising funds by rural school trustees is pointed out on pages 26-28 of Part I. of these Lectures. The mode of obtaining moneys by city, town and village boards is pointed out on pages 167-175. 2.— Right of Children to be Educated. " Every child, from the age of seven to twelve years inclusive, shall have the right to attend some school, or be otherwise educated, for four months in every year ; and any parent or g)iardi;in who does not provide that every child , <3tween the ages aforesaid under his care shall attend some school, or be otlierwise educated, sis thus of right declared, shall be subject to the penalties hereinafter providefl by this Act." (Rev. Sch. Act, s. 8.) Note i. — Nothing herein shall be held to require any Roman Catholic to attend a public school, or to require a Protestant to attend a Roman Catholic lichool. (Jiid.) * VeHiilatioH becomes easy as soon as it is known that it is embraced in these two essential operations, viz.; ist, to supply freth air; 2ncl, to expel foul air. It is evident that fresh air cannot be crowded into a room unless the foul air is permitted to pass freely out ; and certainly the Joulair will not go out unless fresh air comes in to fill its place. It is useless to open venti- lating flues when there is no means provided to admit a constant supply of fresh air from without. Temperature. — In winter the temperature during the first school hour in the forenoon orafier- noon should not exceed 70*, nor £6° durinx the rest of the day. 226 QKNERAL PROVISIONS OF THE LAW. [Chap. XIX. ■J '! Note 2.~Any pupil who shall be adjudged so refractory by the trustees (or a majority of them) and the teacher, that his presence in the school Ls deemed injurious to the other pupils, may lie dismissed from such school, and, where practicable, removecace in any village, township or town where there is no police magistrate, to investigate and decide upon tiny complaint made by the trnstee.s, or any i>erson authorized by them, ag-ainst any parent or guardian for the violation of the pro- visions of this Act in i-egard to compulsory education, and to impose a fine not exceeding five dollars for the first wilful offence, and double that penalty for each subsequent offence." (Rev. Sch. Act, s. 211.) NoTK I. — This fine and penalty shall lie enforced as pointed out in section 13 of chapter xx., page 231. Note 2. — The police magistrate or justice shall not be bound to, but may in his discretion forego to issue the warrant for the imprisonment of the offender, as in said section is provided. (Ibid.) 4.— Further discretion of Magistrate to enforce Penalty. In all cases " it shall be the duty of tl»e police magistrate, or any jtistice of the peace where there is no police magistrate, to ascertain, as far as may be, the circumstances of any party complained of foi" not sending his child or children to some school or otherwise educiting him oi- them, iind whether the allegetl violation has been wilful, oi- has been caused by extreme poverty, or ill-health, or too great a dis- tance from any school ; and in anj of the latter cases the magistrate shall not award punishment, but shall report the circumstances to the trustees of the school section or other school division in which the offence has occurred." (Kev. Sch. Act, s. 212.) Note. — See section 15 of chapter xvi., page 203 ; also Part I., chapter viii., page 60. 6.— A Non-Kesident sending his Children to another Section. ■' An/ person residing in one school section or division, and send- ,ivf "! -jl^ild or children to the school of a neighbouring one, shall, y>v ifi-clpss, be liable for the payment of all rates as-sessed on his t'. ;:r.!'" property for the school purposes of the section or division in ^. " ■ he i-esides, as if he sent his child or children to the school of such section or division." (Rev. Sch. Act, s. 160.) Chap. XIX.] GENERAL PROVISIONS OF THE LAW. 227 Note i. — A non-resident child or children shall not he returned as attending any other than the school of the section or (livision in wliich the parents or guardians of the child or children reside. (IbU.) NoTK 2. — For full explanation of the law relating to non-residents, see chapter iv. of Part I. of these l^ectures, page 37. 6 —Separate Schools and Non- Resident Ratepayers. The law declares that the foregoing section " shall not apply to persons sending children to or supporting separate schools. Nor shall this section prevent any person who may be taxed for public school purposes on property lituate in a different school section or division from that in which he resides, from sending his children to the school of the section or division in which such property may be situate, on as favourable terms as if he resided in such .section or division." (/&«/. ) Note. — P'ees can he charged to non-residents who are not ratepayers in the section or division. (Rev. Sch. Act, s. 102, cl. 20; s. 104, cl. 17. See clause 4, section 21 of chapter xvi., page 205.) 7.— No Foreign Books to be used without permission. " No person shall use any foreign books in the English branches of education, in any model or public school, without the expre8.s jKirmis- sion of the Education Department." (Rev. Sch. Act, s. 11.) Note. — No portion of the legislative school grant shall be applied in aid of any school in which any book is used that has been disapproved by the Education Department, and public notice given of such disapproval." (Rev. Sch. Act, s. 12.) 8.— Pupils not to be required to observe Religious Exercises. " No person shall require any pupil in any public school to read or study in or from any religious book, or to join in any exercise of devotion or religion objected to by his or her parents or guardians." (Rev. Sch. Act, s. 9.) Note i. — Pupils shall be allowed to receive such religious instruction as their parents and guardians desire, according to any general regulations provided for the organization, government and discipline of public schools." (Rev. Sch. Act, s. 10.) Note 2. — The teacher of each public school is required to hear the pupils of the .school repeat the Ten Commandments once a week. 0.— Legislative School Grant payable on First of July. " The sum of money annually apportioned by the Minister of Educa- tion to each county, townshij), city, town or villnge, in aid of public schools therein respectively, shall be payable by the Proviiicisil Treas- urer on or before the first day of July in each year, to the treasurer of every county, city, town or village, in such way an the Lieutenant- Governor from time to time directs." (Rev. Sch. Act, s. 217.) 10.— Legal Definition of the Public " School Fund." " The legislative school grant, together with nt least an equal siun raised annually by local assessment, shall constitute and be called the 228 PEKAL CLAUSES 07 THE STATUTES. [Chap. XX. public school fund of such county, township, city, town or village." (Rev. Sch. Act, 8. 213.) Note, — As to the strict application of the sc"hooI funds to the payment of teachers' salaries alone, see sections 6 and 1 1, chapter i., pages 1 12 and 1 14 ; see also section 37, chapter xvii., pajje 220. 11.— Conditions of Municipalities receiving Share of Qrant. " No county, city, town or village shall be entitled to a share of the legislative school grant without raising by assessment a sum at least equal (cleivr of all cliarges for collection) to the share of the said school grant apportioned to it." (Rev. Sch. Act, s. 215.) Note. — "Should themunicijwl cor}X)ration of any county, city, town or village raise in any one year a less sum than that apportioned to it out of the legislative school grant, the Min.ner of Education shall deduct a sum e(jual to the deficiency from the apjxjrtionment to such county, city, town or village in the following year." (Rev. Sch. Act, s. 216. See section 5 and note 4 of section 10, chapter i. , Part II., pages 112 and 114; also, note to section 35, page 220.) CH:^r*TER XX i VARIOUS PENAL CLAUSES OF THE STATUTES. 1.— Penalty on Secretary-Treasurer or Trustee for refusing to account. " No secretary-treastirer appointed by the school tnistees of any school section or division, and no pereon having been such secretary- treasurer, and no trustee or other person who may have in his possession any books, jiapers, chattels or moneys, which came into his possession as such secretary -treasurer, trustee or otherwise, shall wrongfully withhold, neglect, or refuse to deliver up or to account for and j>ay over the same or any jiart thereof to the pei-son, and in the manner directed by a majority of the school trustees for the school section then in office, or by other competent authority ; and such withholding, neglect, or I'efusal to deliver up or account for shall be punished, as provided in the three following notes." (Rev. Sch. Act, s. 231. See section 2, chapter iii., page 25, of these Lectures, Part I.) 2.— Mode of proceeding in the case. Note l. — Upon application to the judge of the county court, by a majority of the trustees or any two ratepayers in a school section or division, supported by their affidavit made before some justice of the peace, of such wrongful withholding or refiisal, such judge shall make an order that such secretary-tre.isurer, or person having been such secretary-treasurer, or trustee or other person, do appear before him at a time and place to be appointed in the order. Chap. XX.] PENAL CLAUSES OF THE STATUTES. 229 Note 2. —Any bailiff of a division court, upon being required by the judge, sh.-ill serve such order personally on the party complained against, or leave the same with a grown-up person at his residence. Note 3. —At the time and place so appointed, the judge being satisfieerson elected as trustee of a rural school section does not make the declaration within two weeks after notice of his election, his neglect to do so shall be sutftcient evidence of his refusing to serve, and of his liability to pay the fine of five dollars, as jji-ovided for in the " 13th section of this chapter, page 231. (Rev. Sch. Act, s. 247.) 9.— Penalty on Chairman of School Meeting for neglect " Any chairman who neglects to ti-ansmit to the county inspector a copy of the proceedings of an annual or other school section meet- ing over which he has presided within ten days after the holding of such meeting, shall be liable, on the complaint of any ratepayer, to a fine of not more than five dollars, to be i-ecovered as provided " in section 13 of this chapter, page 231. (Rev. Sch. Act, s. 246.) 10.— Penalty for False Declaration of the right to vote. No person shall wilfully make a false declaration of his right to vote at any school meeting or election of school trustees; and any ('hap. XX.] PENAL CT-AUSE8 OP THE STATUTES. 231 pei-Hou coMvicted of a contravention of tliis section, upon tlie com- plaint of any person, sliall be punishal)le by fine or inipri.sonni(>nt at the discretion of the Court of Quarter SesKions, or by a penalty of not less than five dollars or more than ten doUai-s, to be sued for and recovennl with costs before a ju.stice of the peace by the pul)Iic school trustees of the city, town, village, school section or other tlivinion, for its use. (Rev. Sch. Act, s. 244.) 11.— Township Clerk to prepare Township School Map. " If any townsliip clerk neglects or refuses to prepare and furnish the map of the school section or other divisions of his municipality, as required by the one hundred and eighth section of this Act, he shall be liable to a penalty not exceeding ten dollars, to be recovered before a justice of the peace, for the school purposes of his munici- pality, at the instance of any ratepayer theix-of." (Rev. Sch. Act, s. 224. See page 122; also, section 16, chapter vi., page 141, of these Lectures.) 12.— Penalty for Disturbing a School or School Meeting. " Any person who wilfully disturbs, interrupts, or disquiets the proceeilings of any school meeting authorized to b«; held by this Act, or any one who wilfully interrupts or disquiets any public school established and conducted under its authority, or other school, by rude or indecent behaviour, or by making a noise either within the place where such school is kept or held, or so near thereto as to disturb the order or exeici.ses of such school, shall, for each oftence, on con- viction thereof before a justice of the peace, on the; oath of one credible witness, forfeit and pay for public school purposes to the school section, city, town or village, within which the offence was committed, a sum not exceeding twenty dollai-s, together with the costs of the conviction, as the said justice may think tit." (Rev. Sch. Act, s. 249.) 13.— How Penalties under this Act shall be recovered. " Unless it is in this Act otherwise provided, all fmos, penalties> and forfeitures recoverable by summary proceedings, may be sued for> recovered, and enforced, with costs, by and before any justice of the peace having jurisdiction within the school section, city, town or ■illage, in which sucli fine or penalty has l)een incurred. If any .luch fine or penalty and costs are not forthwith paid, the same shall, by and under the warrant of the convicting ju.stice, be enforced, levied, and collected, with costs, by distress and sale of the g(jods and chattels of the offender, and shall be by the justice paid over to the school treasurer of the school section, city, town or village, or other party entitled thereto. In default of such distress, the justice shall, 232 B0ARD8 OF EXAMINERS. [Chap. XXI. by hiH warrant, cause tlie offender to be imprisoned for any time not t'xcnediug thirty days, unless the fine and costs, and tlio reiusonubU' oxpensos of endeavouring U} collect the same, arc sooner paid." (Kev. ikh. Act, 8. 250.) 1.— Interpretation Clause to the School Laws. The word " teacher" shall include female as well as male teachers; " county " shall include unions of counties; "townshij)s" shall include unions of townshi|)s made for municipal purposes; " school site " shall mean such area of land as may be necessary for the school building, otBces and play grounds connected therewith ; and " owner " shall include a mortgage, lessee or tenant, or other person entitled to a limited interest, whose claims may be dealt with by the arbitration herein provided. (He v. Sch. Act, s. 250.) 2. Meaning of Reference to Municipal and Assessment Acts. " Wherever reference is made in this Act to the Municipal Insti- tutions or Assessment Acts, it shall be held to mean those Acts, or amendments to them, which may be in force at the time of perform- ing any duty under their authority." (Rev. Sch. Act, s. 3.) CHAFTER XXI. COUNTY AND CITY BOARDS OF EXAMINERS. 1. —Constitution of the Board of Examiners. " Every county co incil shall appoint a county board of examiners for the examination and licensing of teachers, in accordance with the regulations provided by law," and as contained in chapter xiv., Part I. of these Lectures, pages 86-99. The board snail consist of the county and city inspectors, and two or more other competent persons, whose qualifications shall from time to time be prescribed by the Education Department. In no such board shall the number of members exceed five. In all cases the majority of the members appointed shall con- stitute a quorum for the transaction of business. (Rev. Sch. Act, s. 87, els. 4 and 5, and s. 196. See section 17, chapter i., page 116, and Rev. Stat., c. 203, s. 4, els. 29 and 30.) 2.— Who may be a Member of the Examining Board. " All head masters and ex-head masters of grammar or high schools, and those graduates in arts who have proceeded regularly to their degrees in any university in the British dominions, and have taught Chap. XXL] BOARI)8 OF EXAMINKRS, 233 in a college or school not Ipsh than thioo years ; all candidatcB for degrees in arts in the uuivei-Hities of tho Unit<'«l Kingdom, who, pre- viously to the year Isni, poHsossed all the Htiitutahle rcciuisites of their rt3spoctive tiniver.sitieH for adnuHHion to such degrees, luid have taught in a college or school not lesK than Uii'ee years ; and all teacherH of common or public schools who have obtained tirst-cihiKs proviiuiial certificates of qualitication, or who may obtain such cortificates under the provisions of the present law, shall l)o considered as legally qualified to be a))|tointed nieml)ors of a county board of examinei-s, without further examination, on their obtaining from the Education Department, for the satisfaction of the county council, a certificate of their having complied with the re^idation, and being eligible under its provisions." (Regulation 2, of chapter G.) 3 — To what Allowance is the Board of Examiners entitled ? "Every member of the board of examiudrs shall be entitled to the same allowance from the county council for his time, travtdling and other expenses, as a member of the county council receives for time and attendance at the county council, and to such additiomd allowance as may be determined by such council." (Kev. Sch. Act, s. 199.) 4 —What are the Duties of each Board of Examiners P 1. To examine and give third-cla.ss certificates of qualification to candidates as teachers of public schools, according to their attainments and abilities, as prescribed in this Act and by the authorized pro- gramme of examination and instructions. 2. To dispose of any case of suspension, by an inspector, of any county board certificate, in such manner a.s a majority of the members present may think proper. (Kev. Sch. Act, s. 197.) Note. — Every certificate of qualification issued by any board of examiners shall have the signature of at least one inspector of schools. 6 — Alien Teachers to take the Oath of Allegiance. "No certificate shall be given to any ])erson as a teacher, who does not furnish satisfactory proof of good moral character, or who, at the time of applying for such certificate, is not a natural born or naturalized subject of Her Majesty, or who does not |)roduce a cer- tificate of having taken the oath of allegiance to Her Majesty, before a justice of the peace for the municij)ality in which such person resides." (Rev. Sch. Act, s. 200.) 6.— Form of Oath of Allegiance The following is the })rescribed legal form of the oath of allegiance : "I, A. B., do sincerely promise and swear, (»r, behig one of the 234 SCHOOL VISITORS AND THEIR DUTIES. [Chap. XXII. per8on8 allowed to affirm injtulicial cases* do affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Victoria as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of the Province of Canada, dependent on and belonging to the said United Kingdom; and that I will defend her to the utmost of my power against all traitorous conspiracies and attempts whatever which shall be made against her person, crown and dig- nity; and that I will do my utmost endeavour to disclose and make known to Her Majesty^ her heirs and successor, all treasons and traitorous conspiracies and attempts which I shall know to be against her or any of them ; and all this I do swear, without any equivocation, mental evasion, or seci-et reservation, and renouncing all pardons and dispensations from any person or j.ersons whatever to the contrary. So help me God." 7 —Teachers exempt from Serving as Jurors, etc. The twenty-fifth clause of the seventh section of the Revised Jurors' Act, c. 48, exempts masters and teachers of high and public schools, actually engaged in teaching, from service as jurors; and the seventy-fifth section of the Revised Municipal Institutions Act, ('. 174, exenipts them "from being elected or appointed members of a municipal council, or to any other municipal office." CHAPTER XXII. SCHOOL VISITORS AND THEIR DUTIES. 1.— Public School Visitors defined. All clergymen recognized by law, of whatever denomination, all judges, members of the legislature, members of county councils, and aldermen, shall be school visitors in the townships, cities, towns, and vill 33 where they respectively reside. (Rev. Sch. Act, s. 206.) Note l. — Persons holding the comnnssion of the peace for the county only shall not be school visitors within towns and cities. — /iiif. Note 2. — Every clergyman shall be a school visitor only in the township, town, or city where he has pastoral charge. — /did. * By the Revised Statutes, c. 62, s. 12, it is enacted that a Quaker, Menonist, or Turiker, or a member of the Church known as the " Utiitas Fratrum" or the United Brethren, sometimes called the Moravian Church, having first made the following declaration or affirmation, viz., " I, A. B., do solemnly, sincerely, and truly declare and affirm that I am one of the Society called" Quakers, Menonists, itc. {as the case may be), may make his affirmation or declaration, and such affirmation or declaration shall have the same force and effect as an oath taken in the usual form. Chap. XXIII.] GENERAL REGULATIONS. 235 2. — Authority to visit the Public Schools. Each 0- he school visitors may visit the public school in ihe lowii- ship, city, town or village. They may also attend the quai'terly examination of schools, and, at the time of any such visit, may examine the progress of the pupils, and the state and management of the school, and give such advice to the teacher and pupils, and any others present, as they think advisable, in accordance with the regulations and instnictions provided in regard to school visitors. (Rev. Sch. Act, s. 207.) 3.— General Meeting of School Visitors. A general meeting of the visitora may be held at any time or placIic schools. Term of Office of Roman Catholic Separate School Trustees. 27. The trustees of separate schools shall remain respectively in office for the same periods of time that the trustees for public schools do, and as is provided by the forty-ninth section of " The Public Schools Act f^ but no trustee shall be re-elected without his consent, unless after the expiration of four years from the time he went out of office. (2.) Whenever in any city or town divided into wards a united board now exists, or shall be hereafter established, there shall be for every ward two trustees, each of whom, after the first election of trustees, shall continue in office two years, and until his successor has been elected ; and cne of such trustees shall retire on the second Wednesday in January, yearly in rotation. Period of Office — Time and Mode of R. C. Separate School Trustees Election. 28. After the establishment of any separate school, the trustees thereof shall hold office for the same period, and be elected at the same time in each year that the trustees of public schools are, and all the provisions of " The Public Schools Act " relating to the mode and time of election, appointments and duties of chair- man and secretary at the annual meetings, term of office, and manner of filling up ▼acancics, shall be deemed and held to apply to this Act. (See Part I. of these Lectures, chapter vi., pages 45-48; and Part II., chapter xii., pages 175-181.) Roman Catholic Children admitted from other School Sections. 29. The trustees of separate schools may allow children from other school sections, whose parents or lawful guardians are Roman Catholics, to be received into any separate school under their management, at the request of such parents or guardians ; and no children attending such school shall be included in the return hereafter required to be made to the Minister of Education, unless they are Roman Cktholics. 242 SEPARATE SCHOOL ACT. [Chap. XXIV. Roman Catholic Separate School Teachers^ Certificate of Qualification. 30. The teacherj of separate schools under this Act shall be subject to the same examinations, and receive their certificates of qualification in the same manner, as public school teachers generally; provided, that persons qualified by law as teachers shall be considered qualified teachers for the purpose of this Act. Supporters of R. C. Separate Schools exempt from Public School Rates, 31. Every person paying rates, whether as proprietor or tenant, who, by himself or his agent, on or before the first day of March in any year, gives, or who, on or before the first day of March of the present year, has given to the clerk of the municipality notice in writing that he is a Roman Catholic, and a supporter of a separate school situated in the said municipality, or in a municipality contiguous thereto, shall be exempt from the payment of all rates imposed for the support of public schools and of public school libraries, or for the purchase of land or erection of buildings for public school purposes, within the city, town, incorporated village or section in which he resides, for the current year, and every subsequent year thereafter while he continues a supporter of a separate school. And such notice shall not be required to be renewed annually ; and it shall be the duty of the trustees of every separate school to transmit to the clerk of the municipality, or clerks of the municipalities (as the case may be), on or before the first day of June in each year, a correct list of the names and residences of all persons supporting the separate schools under their management ; and every ratepayer whose name shall not appear on such list shall be rated for the support of public schools. Certificate of Notice to Municipal Clerk to be given by him. 32. Every clerk of a municipality, upon receiving any such notice, shall deliver a certificate to the person giving such notice, to the effect that the same has been given, and shewing the date of such notice. Penalty for fraudulent Notice. 33. Any person who fraudulently gives any such notice, or wilfully makes '\ny false statement therein, shall not thereby secure any exemption from rates, and shall be liable to a penalty of forty dollars,|^ recoverable with costs before any justice of the peace, at the suit of the municipali^ interested. Exemption as to Public School Rates already imposed. 34. Nothing herein contained shall exempt any person from paying any rate for the support of public schools or public school libraries, or for the erection of a school house or school houses, imposed before the establishment of such separate school. Persons may withdraw their support from Roman Catholic Separate Schools. 35. Any Roman Catholic who may desire to withdraw his support from fL separate school, shall give notice in writing to the clerk of the municipality, before the second Wednesday in January in any year, otherwise he shall be deemed a supporter of such school. (2.) But any person who shall have withdrawn his support from any Roman Catholic separate school, shall not be exempt from paying any rate for the support of separate schools or separate school libraries, or for the erection of a separate school house, imposed before the time of his withdrawing such support from the separate school. Supporters of a Roman Catholic Separate School defined. 36. No person shall be deemed a supporter of any separate school unless he nesides witli^n three miles (in a direct line) of the site of the school house. Chap. XXIV.] SEPARATE SCHOOL ACT. 243 Condition of sharing in Legislative School and other Grants, 37> Every separate school shall be entitled to a share in the fund annually granted by the legislature of this province for the support of public schools, and shall be entitled also to a share in all other public grants, investments, and allot- ments for public school purposes now made or hereafter to be made by the province or the municipal authorities, according to the average number of pupils attending such school during the twelve next preceding months, or during the number of months which may have elapsed from the establishment of a new separate school, as compared with the whole average number of pupils attending school in the same city, town, village or township. Roman Catholic Separate Schools not to share in Municipal Assessment, 38. Nothing herein contained shall entitle any such separate school within any city, town, incorporated village or township, to any part or portion of school moneys arising or accruing from local assessment for public school purposes within the city, town, village or township, or the county or union of counties within which the city, town, village or township is situate. Supporters of E, C, Separate Schools not to vote at Public School Elections. 39. No person subscribing towards the support of a separate school established as herein provided, or sending children thereto, shall be allowed to vote at the election of any trustee for a public school in the city, town, village, or township in which such separate school is situate. Election of Roman Catholic Separate School Trustees void in certain cases. 40. The election of trustees for any separate school shall become void, unless a separate school be established under their management within three months from the election of such trustees. Half- Yearly Return to be sent to Minister of Education. 41. The trustees of each separate school shall, on or before the thirtieth day of June, and the thirty-first day of December of every year, transmit to the Minister of Education a correct return of the names of the children attending such school, together with the average attendance during the next six preceding months, or wing year interfere by mandamus to compel him to correct the roll. — In the matter of Ridsdale and Brush v. Clerk of the Corporation of the Toivn of Amherstburgh, 22 O. B. 122. n.— Decuioiu of the Miniitar of Ednoation. I. Roman Catholic Separate School Union Sections and Divisions. — The follow- ing questions have been submitted for my opinion : (i) Can a city and one or nv re incorporated villages contiguous thereto, become united under one board of trustees ? (2) Can a town and parts of an adjacent township l^ecome united in like nianntr? (3) If these unions cannot be effected, can those who propose to become supportt rs, and reside within the limits of the municipality contiguous to the city or town in which there is a board of separate school trustees, l)ecome supporters of the Irst- mentioned schools, and so as to be exempt from liability in their own municipality for rates foi public school purposes? {4) Are Roman Catholic owners of property situate within the jurisdiction of the board of trustees of Roman Catholic schools, or within three miles thereof, exempt from liability for public srhool rates, when such owners are resident in distant places? (5) On the incorporation of a village into a town, what is then the position of the board of trustees of Roman Catholic separate schools ? My opinion is as follows : As to question ( i ), the provisions in the Roman Catholic Separate School Act of 1863, under which a union can be effected, are under sections 5 and 6. The union provided for under section 5 is of the several wards of a city or town; while the union under section 6 is confined to school sections in the same or adjoining municipalities, which I think must be interpreted, under the Act, to mean any townships. A union with a city would therefore be excluded ; and this would l)e in conformity with the law a]i;)licable to public schools in the like case. (2) From the foregoing answer and th^ terms of the 6th section of the Act of 1863, it will appear that a union can ohly uc con- stituted between school sections in rural municipalities, just as unions of wards in cities and towns can be formed under section 5. (3) Where unions are not formed, then the trustees of the separate school can, under section 12, allow children from other school sections, whose parents or guardians are Roman Catholics, and who request the same, to attend their school. Under section 14, the parent or guardian in such case, if living in a municipality contiguous to that in which the jhild is attending the separate school, can become exempt from public school ra'es in the section in which he resides ; and from section 19 it would further appear that this privilege cannot be claimed where the residence of the parent or guardian is beyond three miles in a direct line from the site of the separate school house. Hence, within the limit the benefits of a union are practically secured to a supporter of the separate schools. {4) The exemptions only apply to the cases mentioned in the last answer, and to the case where the supporter is resident in the municipality 246 DECISIONS RELATING TO SEPARATE SCHOOLS. [Chap, XXV. in which the separate school is situate, and within three miles, in a direct line, of the site of the separate school house. (5) Un 1874 continued the union of public and high school boards then existing, with power to dissolve it ; but such unions were jjrohibited for the future. This union of the public and high schools causes a difficulty in the working of the i>rovisions of the Separate .School Act of 1863, inasmuch as the separate school sujiporters are entirely exempt from any nates for public school purposes, or for any debts incurred for such purposes. (3.) The separate school supporters are entitleil to be exempt from any rate which is intended to be applied for public schoiil purposes, but this exemption does not apply to assessments properly m.ade for and mtendcd to be confined to high school purposes. .So that in cases where the by-law jirnposes to raise money for high school purposes exclusively, the separate school sujjporters would be liable. ec|ually with all other ratepayers, for any .assessment under it ; but where the assessment is to provide for the maintenance or erection of a union public and high school, or the ilischarge of a debt iiuurred by a union board of public ane applied as they think proper for school purposes. Note. — The foregoing memorandum (No. 7), upon the rel.ition of Kom.in Catholic separate school supporters towards high schools, will explain their position under the law. 9. Discrimination in Rates levied for Roman Catholic Separate Schools. — The Bchuol assessments must be made in accordance with the assessment law ; but after 248 DECISIONS RELATIMQ TO SEPARATE SCHOOLS. [Chap. XXY. iH I the assessment is made up, the separate school exemption clauses come into opera- tion. I'he facts of the case must decide whether the landlord or the tenant should be assessed ; but if the person assessed be a Protestant, the taxes must go to the public school, and if he is a Roman Catholic, and has become a supporter under sections i6 and 19 of the Separate School Act, he will be exempt from public school rates and be liable for separate school rates. Every ratepayer is liable for one or the other, but no one is liable for both rates. (2) As to the exemption of Roman Catholic separate school supp- ••ters, the clear wording of the statute removes any possibility of holding that separate school supporters are exempt from school rates in sections other than those in which they reside. And this view is if possible strengthened by the fact that the words were inserted in the Act of 1863 [now Rev. Stat. c. 206], whereas they were not in the Consolidated Act of 1859, repealed in favour of the Act of 1863. It will be remembered that it was a com- plaint of the promoters of Roman Catholic separate schools, that the Act as it then stood did not place the supporters of such schools on as favourable a footing as supporters of Protestant separate schools. The former law provided that the supporters should be exempt from rates "within the ward or school section wherein such separate school is esta't'lshed." The law of 1863, at the instance of itr pro- moters, provided a change, and the exemption is now from "rates within the city, town, village or section " in which he resides, and separate school sections are co-terminous with public school sections unless a union is formed under section 6, the three mile limit not being a section boundary. (3) As to the assi;ssment of the jiartners, if a just division of the amount can be arrived at, there appears to be no legal difficulty in the Roman Catholic partner's share being exempted from public school rates, if he has complied with the law in other respects. 10. Poman Catholic Separate School Text Books. — Text books used in the Roman Catholic separate schools are subject to the regulations of the Department, and hooks hostile to British institutions can be prohibited under penalty of loss of Government grant. The Roman Catholic separate schools are bound to comply as f.ir as may be with the programme and other regulations which are prescribed for the public schools. 11. Qualified Teachers in Roman Catholic Separate Schools. — Having regard to the proviso In sec. 13 of the Act of 1863 [Rev. Stat. c. 206, s. 30, page 242], the Department has hitherto recognized, as qualified teachers in the Roman Catholic separate schools, persons who would be qualified as teachers under the laws of the former Province of Lower Canada, as well as of Upper Canada. Holding this view, the Department, In its form of half-yearly return required from trustees of the separate schools, has introduced, amongst other remarks and instructions for their guidance, the following note in order to shew its interpretation of this section : Under this section no persons are qualified to be teachers of separate schools unless they hold certificates of qualification as required in the case of public school teachers, with the following exceptions : " Every priest, minister, ecclesiastic, or person forming part of a religious community instituted for education.il purposes, and every person of the female sex, being a member of any religious community, shall be in every case exempt from undergoing an examination before any of the said boards." (Consolidated Statutes, Quebec, c. 15, s. no, No. 10, page 97.) Duly qualified teachers, therefore, in the Roman Catholic separate schools include those who from time to time are qualified as teachers, either according to the law and regulations in force Iw Ontario as to public school teachers, or according to the law In force in Quebec as to qualified teachers In their public schools. 12. Separate Schools for Coloured Children. — Where a separate school has not been established for coloured persons, the public schools are open free of charge to all the children of residents therein, irrespective of colour ; and the coloured children are entitled to the like and equal privileges with white children. This right is secured to the parent of every child by law, and If withheld the trustees or school hoard would be personally liable to an action for damages. School trustees have, however, full discretion with reference to the grading, classification and attendance of the children in the different schools; but this must be for educational reasons, and not on account of colour alone. 1 ' ANALYTICAL INDEX TO LECTURES ON THE ONTAEIO PUBLIC SCHOOL ACTS, TOGETHER WITH THE DECISIONS OF THE SUPERIOR COURTS, AMD THE FORMS AND REGULATIONS. PaOB. ABSENCE of trustee for three months without leave vacates office . . 11 180 of teacher ' gg of pupils 'll''.'.'.'.'.'.'.'.^'.'.['.'.'.'.]'.[\]'.'.'.[['.]'.'. im from examination 103 ABSENTEES. {See Non-Residents. ) trustees to compel attendance of, children 60 ''03 to charge fees to '.■ ' 43^ gl,' 205 accommodation; adequate school, to be provided, 19, 23, 43, 104, 198, 224 for holding teachers' examinations 1 16 of high schools defined !!!!!!! 208 ACCOUNT, penalty for trustees' refusal to 14, 41 ACCOUNTABILITY for school moneys 13, 41, 42^ 113 ACCOUNTS, school, to be sent to Minister of Education 115, 121 ACT, school, Minister of Education to prepare and distribute 235 ACTION, notice of, trustees entitled to 17 collector entitled to 34 notice of, to township council IQ3] 1*83 ADDITION to a union section 131 ADJOURNxMENT. {See School Meeting. ) ADJUSTMENT of Claims. {See Property.) ADMINISTRATION of intestate estate and school site arbitrations 190 I'll ■■ = 8! t 1^1 250 ANALYTICAL INDEX. PAGE. AGE at which pupils can attend school 23 AGENT. (See Attorney.) trustees, teacher, inspector, &c., cannot act aa bookseller's. ... 10, 83 AGREEMENT : form of, between trustees and teacher 63 must be in writing (or printed) and under seal 63 signature of local superintendent a mere approval of the 69 may be terminated before expiration of period 69 AIR, cubic feet for each child 19, 105, 224 ALIEN TEACHERS 233 ALLEGIANCE, oath of, by alien teacher 233 ALTERATION. (See Township Council, Boundaries, Debts.) by-law to be used in 123 of school section boundaries, decision of the Suijerior Courts in re- gard to 138 by-law for, bad if boundaries are not certainly defined 141 of boundaries no ground for refusal to pay taxes 21 appeal against, maybe made 45, 116, 125, 137, 140 01 boundaries, when should it be made 124 may be eflfected after .e*tablish county model schools and aid teachers' associations, &c. . . 118 members of, are school visitors 234 ; appoint and defray expenses of boards of examiners 116, 233 powers and duties of Ill .^UDOB. (See Judoe.) Model Schools. (Set Model Schools.) 'Treasurer. (See Treasurer.) ANALYTICAL INDEX. 257 6, 232 6, 232 .. 190 .. 238 19, 90 .. 97 6, 232 .. 116 .. 88 .. 233 6, 233 233 112 112 113 161 143 117 115 211 113 114 114 115 118 I 234 233 1 111 COURTS, (.^ee Decisions, Division, Superior.) paob. CROWN, school moneys may be retained by 114 DEATH of trustees, vacancy caused by 47, 177 DEBENTURES, investment in 168 to be issued by township council for trustees' loans . . 12, 14, 12J8, 133 in the case of altered sections 140 form of. , , . 155 DEBTS, liability of oriuinal section for old 12, 128, 133, 15? of county council committee on school boundaries 117 lands not liable for taxes 176 DECISIONS of Superior Courts on school questions. {See List of Cases.) DECLARATION of voter at school election or meeting 46, 178 of office, by rural trustees only required 11, 14, 230 before whom to be made by rural trustee 11, 14, 47, 49 effect when not made by trustee 1 1, 14, 230 of county examiners 90 DEDUCTION from school fund not allowed 112, 114 DEED, form of, for site of a public school house 18 absence of 18 register award as substitute for 18, 187 DEFAULTERS, school rate, goods and chattels to be seixed 31 trustees must sue nou'residents 25, 31, 39 DEFAULTING secretary-treasurei* and collector 14, 25, 26, 33, 41 DEVISEES, executors, and testators, liability of 35, 40, 166 DISCIPLINE to be maintained in the school by the teacher 63 DISEASES in schools, contagious 104 DISHONESTY AND UNFAITHFULNESS, protection against. ... 14, 25 DISMISSAL of inspectors 211 DISPUTES. [See Complaint.) inspector may settle school 50, 214 Minister may settle school 51, 215 DISPOSAL of school property provided for 19, 57 DISTANCE from a school, inspector to decide 205 DISTRICTS. (See Divisions, High Schools.) DISSOLUTION of union school sections 130, 131 of township boards 149, 150 DISTURBING A SCHOOL OR SCHOOL MEETING, penalty for.. 84, 231 DIVIDING A SCHOOL SECTION. (Set Alteratiow, Township Council.) DIVISION COURT. (See Court.) of school property 66, 125, 131 DIVISIONS or districts, union, formation, or alteration of 134 DOMICILE, legal, of trustees 11 DOMINION DAY a hoUday 100 DUTIES. (See Trustsis, Teachers, Inspecfor, &c.) EASTER, vacation at 100 ELECTIONS, school, who shall call meetings for 46, 177 time of keeping open the poll at 48, 176, 176, 177 258 ANALYTICAL INDEX. H ELEOTIONS-(C'on, 40, 106, 182 EXEMPTION from public school rates of separate 8chr>ol supporters, 168, 239 EXERCISES in school, religious 82, 83, 227 EXPEDIENCY or lawfulness of trustees' exiienditure 42 EXPENDITURE of school section trustees, lawfuhiess of 22, 42 EXPULSION of pupils 64, 104 EXPENSES, definition of school, in rural sections 22 in cities, towns and incorporated villages 169 decision respecting trustees' travelling 35 for books, &c., may be collected in cities, &c., as fees 103 of school to be collected by trustees' authority 34 of county council committee to be paid by council 117 EXTENSION of time to collect school rates 34, 165 of teachers' third class certilicatcs 86 112 167 ), 162 , 158 . 158 , 197 . 171 171 153 171 197 171 174 49 41 191 15 66 103 2.35 86 222 94 91 91 89 92 88 FALSE declaration of right to vote 46, 48, report or register 15, return FEES payable by non-residents 23, 27, 30, 37, 205, collector's 19, 26, for books and stationery 103, 200, cannot be lawfully charged on school fund 114, FELONY or misdemeanor, trustee convicted of, eflfect 11, FEMALE, OR SECOND SCHOOL, trustees may establish 24, FENCE round school premises 105, FINANCIAL REPORT. (See Scuool AuuiTORa, AsstAL Reports, School Accounts.) FINE, for refusal to serve as trustee for neglect of duty by trustee for non-attendance at some school 61, FIRE. {See Warming, Ventilation.) wood. (See Fuel. ) FIRST person elected trustee. (See Electiox.) candidates for class certificate (See Certificate) 87, 88, 96, school meeting, notice in rega/d to 122, meeting of school board 184, FLOWERS, Trees and Shrubs, &c., on schwd premihcs 20, FOREIGN BOOKS in English branches not to be used without permis- sion 82, FORM of declaration require GRADUATES IN ARTS obtaining certificates 88, 210, 23!? GRANT, legislative. (See School Fund.) GROUNDS, school house, to be kept in order 19, 224 GUARDIANS. (See Parents or Guardians.) HALF-YEARLY Report to be made by trustees to inspector 24,44, 78 trustees personally responsible for not making 15 Visit of inspectors 75 Meetings of county board of examiners 88, 232 HEATING school house. (-See Fuel, Warming.) HIGH SCHOOLS: union or joint board of pablic and, a corporation 174, 20® union may be dissolved 20ft law in regard to 207 corporate powers of 1 7-< object of division of property of J6 holidays and vacations in 100 auditors for, appointed by county councils 115 municipal grant to Ill, 207 no districts can now be formed 207 board of education of, can require municipal council to provide funds 20$ mode of assessment for 208 meaning of words, " maintenance " and "accommodation" of 208 entrance examination to 20ft decisions of Superior Courts in regard to 208 liability of, districts 207 and supporters of separate schools 207 HOLIDAYS AND VACATIONS : no> deduction can be made from teacher's salary for legal 71 ANALYTICAL INDEX. 261 27 27 32 233 8» 33 78 15 75 232 HOLIDAYS AND VACATIONS-(Con//HUft/). paoi. regulations in reuard to 100 every Saturtlay is a holiday 100 lost time cannot be made up on 68 H0UK8 of opening and closing school meetings 45 of teacniug 100 HOUSK, School, kind of . 108, 198 township council may build 67, 151 form of deed for 18, 187 second in a suction 24 not liable to be sold in judgment 21, 195 care and repair of 20, 44, 60, 105, 107 separate entrance to lOf), 199 exempt from taxation 22, 196 contracts, for school, require seal 21, 195 trustees alone may bulla or rent 20, 169, 194 not required, may be disposed of 19 warming, sweeping and cleaning 22, 67, 194 trespass on, proper remedy for 22, 196 use of, for other than schiml purposes 20, 194, 214 renting, repairing, furnishing, &u 20, 21, 44, 169, 197 township councils can levy rate for 151 key of, to be delivered up by the teacher 70 legal decisions, respecting 21, 195 For teacher's residence, provision for 20, 169, 194 I LLEGAL ACTS, of trustees, no rate can be imposed for defending . . 28, 35 INCORPORATED VILLAGE. {See City, Town, Villaue.) INDUSTRIAL SCHOOLS may be established 169, 203, 226 INDIGENT PERSONS, trustees may exempt 45, 103 IN DIVIDUAL responsibility of trustees 65, 180 members of a corporation may be required to appear ui court. . 17, 182 INEQUALITY of assessment how remedied 29, 122 INHABITANTS withm the meaning of the School Act 35 INJURY to school property 22, 103 INSPE(5T0R, public school, cannot be a trustee or teacher 10, 74, 210 appointment of 115, 209 in French and (iciraan settlements 116, 209 general powers of 216 copy of proceedings of all school meetings to be sent to 47, 48 may call special school meeting 4t>, 51 decide school election complaints 50, 214 qualifications of 116, 210 decide cases and give advice 205, 216 appeal from decision of, to Minister 214, 215 may refer matters to Minister 215, 216 may consent to rural trustees' resignation 11 may consent to establishment of a second or female school 24 trustees to give orders on 24 trustees to make half-yearly and yearly reports to 24 to appoint a school auditor in certain cases ... 40 may call meeting to select school site 53 to be or appoint arbitrator as to school site 53 to be remunerated for arbitration, &c 52, 55, 212 to assist in forming union sections 127, 128 262 ANALYTICAL INDEX. >i mSVECTOn— {Continued). ^ rAot. to make payments to union sections 212, 220 to equalize the assessment in union sections 29, 123, 134, 212 to give notice of decision as to boundaries 117, 131, 137 to notify to\vnship council regarding township boards 146 to be furnished with information by township clerk 122 to furnish township clerk with certain information 128, 131, 140 county clerk to notify Minister of the appointment of 115, 121 power and duty of 74, 213 shall designate what school a pupil may attend 103 to be appointed and paid, in part, by county council .... 115, 210, 211 to be appointed in cities, towns, &c., by board of trustees. . . . 209, 213 general duties in cities and towns 213, 214 cannot oversee mce than 120 rural schools . . 115, 210 may be changed in a county 210 full time to be employed 213 payment of, by Education Department 21 1, 217 payment to, for specific duties 211, 212 order on county treasurer to be honoured 113 may recommend county aid to poor sections 112 to be furnished with information by master or teacher 70 tenure of office of 116, 211 salaries and duties in cities and towns 206 warden may supply vacancies in office of 211 not to hold certain offices 10, 74, 210 to distribute school fund 218 to apportion, but not pay, unless trustees make average return, 24, 218 to give cheques to qualified teachers only 76, 201, 219 to countersign cheques to teachers in cities, towns, &c 201 conditions of giving orders to teachers by 219 to make two visits a year to each school 75, 222 not to give any notice of school visit 75, 2i:3 to examine into state of school 75, 213, 222 authority of, in a school 75, 223 procedure in the visitation of schools 75, 22.^ intercourse with teachers and jiujjils 76, 22' see to compulsory attendance of children at school 76, 224 allow teachers to visit other schools 76, 222 payment to superannuated teachers' fund 24, 74, 76, 221 verify attendance of pupils 75, 78 check by, against incorrect returns 78 appeal from school section auditors 42, 215 responsible for trustees' blank reports 221 authorized to decide as to satisfactory returns 221 to see to observance (.. lawfid regulations 236 to act according to instructions 74, 217, 236 to attend certain meetings 212, 213 to decide disputes 214, 216 may suspend teacher's certificate 77, 99, 214, 217 to give temporary certificates to teachers 77, 214 to give temporary certificates in new townships 99, 213 relations of, with Minister 75, 216 to make separate school returns to clerks aiul trustees 239 warden to decide between in certain cases 220 to be a member of the county board of examiners .... 88, 89, 110, 212 to give notice of non-professional examination 88 to preside at county examinations 89 may appoint substitute in certain cases 89 AyALYTICAL INDEX. 263 INSPECTOR— (Con au(litors may summon trustees and secretary treasurer before .... 41 can enforce compulsory attendance at school 61, 2'2ii KEY, school house, consequence of teacher's refusing to give up 70 LAND. {See Nok-Residents. ) unpatented not liable for taxation 31 unsiirveyed not liable for taxation 164 vacant, may be taken for school site 1 >S7 patented and unpatented 31 , 164 ordnance. (See Crown. ) LAWFULNESS of school trustt^s' expenditure ; auditors' duty 42 LEGAL decisions. (.7('e Decisi(»ns.) estimates. (See Estimate.) LEGISLATIVE GRANT. {Sec School Fund.) LEGISLATURE, members of the, are school visitors 2.34 LIABILITY. (.SVe Corporate Seal, Penalties, Responsibility, School Trustees. ) of school collectors 33 of corporate property alone to seizure 21 of non-residents in their own section .'17 LIBRARIAN, rural trustees to appoint 22 teacher to act as 67 in civics, towns, &c., board of school trustees to appoint 264 LIBRARIES, trustees to est.ibliah school se jtion 22 trustees may purchase books for 22 exempt from taxation 23 264 ANALYTICAL INDEX. LIBRARIES— (Con7, 96 .. 88 .. 97 .. 14 .. 33 ANALYTICAL INDEX. 267 !'A(IE. PARLIAMENT, members of, are school visitors 234 PAROL, award may be by 54 PATENTED and unpatented land 31, 104 PENAL CLAUSES, various. {See Penalties.) PENALTIES. {See Responstbility. ) ON Tkus'1'ee.s, for not calling certain school meetings 230 for refusing to serve as trustee 230 in case of neglect to exercise corporate powers 13, 14, 230 for neglecting to forward to inspector returns 15 for losmg school moneys througli neglect of duty 13, 229 for refusing information to auditors 14 for signing a false report l.*), 229 for non-observance of regulations 14, 84 for non-attendance at school 61 , 226 on chairman for not sending to inspector copy of school nit'eting proceedings 47, 230 for false declaration of right to vote at school meetings 179, 230 for false declaration of right to vote at school meetinjs in cities, towns, &c 179 on toAvnship clerk, for not preparing school map 231 on treasurer, for refusing to honour inspector's order 114 on county clerks, for delaying to make yearly returns. (.SVe Sta- tistics. ) on returning officer, for wrong-doing in cities, towns, &c 179 on secretary-treasurer, for refusing to account 25, 228 on teacher, for refusing to deliver up school property 70 on teacher, for keeping a false register or making false returns . . . 229 for copying at examinations 91 for personation at examinations 89 for writing name instead of number 92 for pupils for profane or improper language 64 on any person for disturbing a school or school meeting 84, 231 provision for recovery of 231 PENSIONS, {See Supekannuated Teachers.) PERMITS. {See Certificate.) PERSONAL RESPONSIBILITY. {See Responsibtlitt.) PERSONATION at examinations, penalty for 89 PETITION in regard to union sections necessary 127 in regard to township boards 149 PLAY GROUND required 19, 200 PLEAS, Court of Common. (.S'^e Decinkjns.) POLICE MAGISTRATE and compulsory education 61, 226 POLL hours at school election 47, 48 book, at city, town and village elections 176 POOR SCHOOLS to be aided by county and townshij) councils, 112, 151, 152 surplus municipal money may be given to 158 Persons. {See Indigent Persons.) POSTAGE, &c., paid by trustee is a lawful expense 42 allowance to inspector 212 POWERS OF TRUSTEES. {See School Trustees.) PREMISES, general directions in regard to 20, 66„ 67, 200 PRESENTS, subscriptions, &c., to teachers forbidden 68 PRESIDING inspector and examiner. {See Examiners, iNsPtcroKS.) 2G8 AN'ALYTICAL INDEX. "PREVIOUS QUESTION " may be moved 186 PRIVILEGED COMMUNICATION, representation as to teacher, a. . . . 69 PRIVY TO SCHOOL 20, 67, 106, 106, 199, 226 PRIZES, in the schools, trustees may procure v 22, 169, 197 on what principle distributed . > « 66 PROCEEDINGS of annual meeting, copy of . . > 47, 48, 230 PROFESSIONAL examination of teachers {See NoN -Professional.) .... 97 PROGRAMME for examination of teachers by county board 86, 94 for teachers' association meetings 119 IPROMISSORY NOTES, trustees may not issue 14 no payment of school rates 33 PROPERTY rates. (5ee School Rates. ) chattel, alone can be seised and sold 21, 162 when no longer required 19, 126, 136, 137 injured by pupils 64, 103 Adjustment of claims in regard to 126, 131, 136, 147, 160 form of notice in regard to disposal of 126 disposal of .......... 126 PROTECTION of trustees, collectors and magistrates, 17> 21, 31, 33, 34, 184 PROTEST at school meetings 48 PROTESTANTS, Act respecting separate schools for 237 cannot have separate school unless teacher is a Roman Catholic . . 238 cannot be compelled to attend Roman Catholic sej^arate schools . . 246 PROVINCIAL CE RTIFIC ATE. {See Certificates. ) PUBLIC INSTRUCTION. {See Council of Public Instruction.) PUBLIC SCHOOL BOARD. {See Trustees.) PUBLISHING, and making an award. 65 trustees' report in the newspapers 205 PUPILS. {See Examination, Teachers.) resident, between 6 and 21 to be admitted to school 23 non-resident, where to be returned 37 school visitors to examine and give advice to 235 duties of 64, 102 suspension of, by teacher 64 expulsion of, by trustees 66, 104 to be classified . 63, 224 absence of . 102 should be constantly employed 65 not obliged to attend religious exercises 82, 227 to attend such school as inspector decides 103 authority over, by inspector 103 ■QUALIFICATION of members of township boards 148 of inspectors and examiners. {See Inspectors, Examiners. ) QUALIFIED TEACHERS only to be employed 14 trustees' orders to be given to, and to no others 14, 76 definition of the term 62 inspector's cheques to be given to, and to no others 76, 201 QUARRELLING among pupils to be discouraged 64 tJUARTERLY EXAMINATIONS. {See Examination.) payments to teachers 113 resent report at annual 47 auditors to he appointed and to report at annual 5, 40, 47 who are and who are not legal voters at 46 trustees to give notice of every ordinary 46 mode of calling a special 61 may be called l)y inspector 46, 61 to fill up vacancy in school corporation 47 to select school site 18 place of annual, to be appointed by the trustees, &c 46 penalty of trustees for not calling certain 230 complaints cannot he entertained unless made within twenty days. . 60 to unite sections 137 first, notice of, in cities, &c., to be given by returning othcer 177 in cities, towns and villages 177 penalty for disturbing 84, 231 {See Auditor, Oiiairman, Free Schools.) Moneys. {Sec Penalties, Secretary-Treasurer, Trustee.) Notice. {See Form, Notice. ) Premises {See House), trustees to provide 19, 186, 198 authority for sale of 19 regulations in regard to 104, 199 in cities and towns, unard nf school trustees to provide 169, 198 Property, trustees to acquire and hold 18, 186 vtih^s absolutely in school corporation 13, 187 in cities, towns, &c., boards of trustees to take possession of 186 Rate. {See Rate. ) Reoister. {See Remisters.) Reports. (iSVe Annual Report, Half- Yearly Report. ) Section Auditors. inspector to decide diflferences between 42, 215 Section.s. {See Alteration, Union Sections, Town.ship Council.) liability of original, for its debts 12 minimum size of 124 tovniship board may be formed for all the 146 decisions re&pecting boundaries, inspector to give notice of 117 township council may form new 123 township council may alter 124 intimating alteration of 117, 125 appeal against alteration of boundaries of 112, 116, 125 when township council may unite 137 Site. {See Site. ) Teacher. {See Teacher.) Trustees Rural School. {See Form, Penalties, Responsibilitt, School Rates.) definition of a 9, 12, 14 who may and who may not be 10, 50 legal decisions respectmg 13, 15, 85, 182 of towniships 147 election of, in each section 11, 50, 142 ANALYTICAL INDEX. 273 , 123 11 r>0 , is , 5'i , 48 51 51 , 47 , 47 . 46 , 46 . 51 , 51 . 47 . 18 . 46 . 230 . 50 . 137 . 177 . 177 [, 231 12 124 146 117 123 124 126 125 137 .SCHOOL— TRtTSTREH—ICVn/inwt/). '*4, 103 may borrow money from municipality 14, 85, 152, 157, 158, 183 must apply to council before August to levy rate 36, 45, 154 not liable to prosecution for acting under municipal by-law ... . 17, 117 re-election of, lawful 12 to see that regulations are observed 43 {See CiTiKS, Towns, Villaorh, Sites, Arbitration, Award, &c.) SEAL. {See Corporate Seal.) SECOND class certificate. {See Certiticatk.) SECRETARY, appointment of, at achool meetings, his duties 87, 94 appointment of, in cities, towns and villages 184 Treasurer (See Form), appointment and duties of 25 bond of. (See Security. ) 25 must account to school section auditors 14, 25 collector should take receipt from teacher and 27 penalty on, for refusing to account 25 mode of proceeding against 25, 26 SECTIONS. (See Alteration, School Sections, Township Council.) SECURITY from school collector and secretary-treasurer 13, 25, 201 consequence of neglect of trustees to take from treasurer 13 to be lodged with township council 13 from all parties holding scnool moneys, county council to take .... 113 SEIZURE of goods and chattels by collectors 31 SEMI-ANNUAL REPORTS, (See Half- Yearly. ) SEPARATE SCHOOLS. (See Roman Catholic.) taxable supporters to be assessed 123 supporters of, not to vote at public school elections 46 settlement of disputes between supporters of and officials 234 Protestants cannot ])e supporters of Roman Catholic 245 coloured people not entitled to attend school where they have .... 244 visitors of 243 inspector to visit, in rural sections 222 exception as to, respecting non-residents 82, 227 Protestant and Coloured, Act respecting 237 SERVANT ACT, master and, does not apply to teachers 69 SETTLERS, bona fde, are residents 37 SHALL, the word, is imperative 197 SICKNESS of teacher 71 SIGNATURES of trustees to warrant number required 26, 36 SITE, school, form of deed for, and registration of it 18, 187 necessity of proper title for school 18, 187 PAOR. ANALYTICAL INDEX. 275 25, 201 .. 13 .. 13 .. 113 .. 31 .. 123 .. 46 .. 234 .. 246 .. 244 .. 243 .. 222 J2, 227 .. 237 .. 69 .. 37 .. 197 .. 71 6, 35 8, 187 8, 187 BVIE-^iConlinued). p*<'« is exempt from taxation 18, 187 size of, defined 19, 105 when required to be chosen 18, 62 kind of, to be chosen 62, 63 sale or exchange of old Ill, 66 owner of, refusing to sell, remedy 67, 187 power of trustees in enlarging 18, 66, 67 privileges of owner of, in regard to house and orchard 67 not liable to be sold in judgment 21, 196 to be disposed of by trustees when not required 19 when rural trustees must obtain approval of meeting before changing old 18 in cities, towns, &c., trustees to do as they judge expedient as to 169, 186 purchase of a 18, 62, 57, 84, 169 morary jnoperty exempt from 23, 164 teachers not exemi)t from 71 of union school sections and divisions 12',), 134, 136 TAXES. (,SV'e Rates.) TEACHERS, Pl'HLIC ScQOOL. (See SUPERA^f^'UATED Teai'iiehs.) who are (pialitied 62 in unorganized townships 81 to be Her Majesty's sul)jects 233 Minister may appoint conductors of institutes for 118 scliool fund to l)e ap])licd only to salaries of 220 salaries may be s\ipi)lemented by township council 152 powers and duties of 63 legal decisions respecting 69 trustees or inspectors cannot be 10, 62, 210 c; iniot sue for trespass on school house 22 right of action against council does not belong to 172 assistant, when to be employed ... 62, 98, 99 residence may be erected for 20, 57, 194 form f>f agreement with 63 form of deed for site of residence for 18 not to teaoli on legal holidays 68, 101 no deduction can be made from salary of, for legal holidays .... 68, 101 trustees to employ qualified, only . . . . m 14 no rate can be imposed for payment of mnqualified 69 certain agreements with, invalid 62 (jualiticd, only entitleil to school fund 24 (lecision respecting trustees agreeing to furnish fuel to 69 inspector signing contract with, is a m.ire approval of it 69 salarie-i of, how to be fixed and provided 22 Master anil Servant Act does not apply to 69 exemj)ted from service as jurors 234 cannot sue trustees for scliool fund but for ordei" 69 order to be given to (pialified only 24, 69 township council may authorize provision for residence of 57 county treasurer cannot refuse payment to 1 13 association library fin* county or town.ship .... 115 to a day scliool section librarian 23, (>7 to teacli according to law and regulations 65 to keep and give access to school registers 67 distinction between masters and 63 power fi suspend pupils 64, 102 when to be in their schools 66, 101 ANALYTICAL IN'DKX. U I 02 81 233 118 220 152 63 «!) 210 ^M 172 99 194 63 18 101 101 14 69 62 24 69 69 22 69 234 69 69 57 113 115 ill 65 67 63 102 101 TEACREllS—iCoiifuuieif] _ paoe. to have care of school premises 66 absence and sickness of 68, 101 visiting other schools 68, 101, 222 presents, subscriptions, &c., to, forbidden 68 meetings with inspector 69 sh.all not act as bookseller's agent 69 representation of character of, privileged 69 not exempt from assessment or statute labour 71 {tupils responsible to, going to and from school 103 ost time cannot be made up by 68 to maintain order and discipline 63, 101 to give access to visitors' book 68 consequence to, of refusing to give up schoolhoiise key 70 to hold public quarterly examinations, and give notice 70 to furnish information to Minister and to insjjector 24, 70 protection of, in regard to salary 71 , 113 quarterly payments to, by county 113 scliof)l fund payiible to, alone 112 cheque must be made payable to 24, 76, 113, 201 insi)eotor may suspend certilicate of 77, 99, 214, 217 inspector may give tenq)orary certilicate to 77, 99, 217 inspector may give tenqjorary certilicate to, in unorganized ^'ov.n- ships 81 examinations of .... 86 first, second, and third class certiiicates to 86 county board of examiners to give certiticates to S(i, 232 county board of examiners to decide cases of suspended certiticates of, 233 oath of allegian'.e by alien 233 TEACHING hours, number of, in a day 66, 101 TEMPOllARY certiticates to monitors and teachers 98 TERM of office by trustees 1 1, 47, ISO school, length of 100 TESTATOR, executor as well as, liable for rate on non-resident laud, 35, 40, 166, 182 TEXT-BOOKS : provisions of the law in regard to 23 pupils must be furnished with 103, 200, 203 trustees to permit no unauthorized 23 may be imrchaseil and charged for 22, 200 in cities, towns, &c., board of trusti^es may charge fees for 103, 200, 204 foreign, in English branches, prohibited , 82, 227 trustee may supply to indigent pupils 45, 103 THANKSCaVING DAY a holiday 100 THIRD class certiticates (Sc<' Cektificates) 86, 94 THREK TRUSTEES, election of 11 TIME TABLE in schools ()5 TITLE to school propcrtj' is in trustee corporation 18, 186 necessity for proper IS, 187 registration of IS, 187 TOWNSHIP Assessor {Sf.'e Assessor) 33 collector, powers of 26, 123 collector, penalty on 33 collector's roll 28 27% ANALYTICAL INDEX. VAOC. P I f ill h ; U S TOWNWHIP— (Con^inHfifi). Boards of school trustees may be formed, when 146 who may form, conditions 146 when should formation tal^-^ eflfect 146 compoHition and designation of 147 time and place of electing 147, 149 qualification of members of 148 f)ower8 and obligations of 148, 149 low dissolved 149 union of school sections with 133 in unorganized townships 149 Clerk, general duties of 122 to allow trustees to copy assessor's roll 28, 122 penalty on, for fraudulent assessment 33 trustees to make return to, r' ,ion-resident rates 39, 122, 159 to prepare map, in duplicate, of school sections 29, 122, 231 to furnish information to inspector 122 to make return to county clerk 122 mandamus to compel, to give trustees access to assessment roll .... 35 to give notice of formation or alteration of school sections. . . . 122, 125 to notify person appointed to call fii:«t school meeting 122 to make out list of public and separate school supporters 122 to make return of non-resident rates to county treasurer .... 122, 159 Council, powers and duties of 121, 151 topassby-lawactiuiringauddisposingof school property, 57, 121, 151, 152 may purchase site and Imild school house 58, 121, 151, 152, 157 to establish township board of trustees 121, 146 power to raise school moneys 152 may aid poor school sections 112 must levy and collect the sums desired by the trustees .. 36,121, 151 152, 153, 156 is entitled to notice of action . . 163 overrated 183 cannot interfere with established school system 161, 162 cannot raise school moneys for county purposes 161 must authorize trustees to borrow money 14, 121, 151, 156 must issue debentures for loan 14, 121, 151, 154, 156 may raise money for teacher's residence and school purposes. . 153, 157 must loan surplus money to trustees 14, 85, 152, 163 may not levy more than one rate in the year, except in certain cases . . 153 meeting in August, trustees' ai)plic!ition for rate to be made at. . 36, 154 maximum rate of interest to be paid by 3(5, 154, 156, 163 may establish lil raries 122, 152 may establish a-id be trustees of township model school 121, 152 to form new school sections 121, 123 to appoint person to call lirst school meeting 123 to appoint valuators 126 to appoint referees 127, 135 cannot leave any part of a township without school organization . . 123 may alter school sections 121, 124 must use by-law in forming or altering sections 123 may alter or dissolve union sections {See Union) 127 to unite two or more sections into one 137 need not give notice to outsiders of alteration of school sections . . 138 liability of, for refusing to pay uncollected rates 39 to authorize schools for Protestants and coloured persons 237 security from secretary-treasurer and collector to be lodged with, by trustees 13 ■: ' ^ . ' "W fw ij iiw ANALYTICAL INDEX. 279 TOWNSRIF— {Continual). pauk. Model School, public schools may be united with 121 may be established by 152 ITnorgasizkd. (See Unorganized Townships.) TOWNS. (See Cities, Towns, &c.) TRAVELLING expenses of inspectors 212 TREASURER, Municipal. (See Secretary-Treasurer.) orders on, illegal circulation of 17 municipal scbool rates must be paid to 162 township and village must report to county 169 can compel collector to account 32, 33 their duties 120 must honour inspector's order for school moneys 113 clerk to notify minister, name and address of 115, 121 responsible for school moneys 114 to give security 113 remedy to persons aggrieved through default of 114 county council to appoint sub-, for townships 114, 120 audited accounts or, to be sent to the Minister, 1st March. ... 115, 121 inspector's salary to be paid quarterly by 211 township clerk to fui lish account of arrears to 122 TREES and plants, &c., on school site 21, 194, 2(H) TRESPASS, suit for, trustee entitled to notice of action 17, 183 trustees, and not teacher, to sue for, on school house 22, UMi TRUANCY, punishn.ent of ()4 TRUSTEE. (See School Trustee.) TRUST lands liable for rates Kid TUITION fees, when chargeable 23, 27, 30, 37, 205 UNCOLLi:CTED school rates, mode of obtaining 34, 39, 158 when sureties of collector not liable for 33 13 UNDIVIDED lot must be in the same municipality as the section rating it UNFAITHFULNESS and dishonesty, protection against 25, 26, UNION school section. (See Alteration, Decisions, Wards, High Schools. ) diflference between "united " and 126, 1S7, addition to or withdrawal from a what kind can be formed provisions of the law in regard to time of passing by-laws in regard to formation and alteration of boundaries of, by township council . . . 130, 132, powers of township in regard to terms of, to be reported to council with township boards no appeals to county council in the case of 117, form prior to 1877 of two or more sections, inhabitants must concur in 127, of two sections, when it takes ett'ect council may form, if majority of ratepayers petition of sections, new election of three trustees necessary separated part of, to share in proceeds of proj)erty •ale of site or other property when not required .... 19, 125, 126, sections only made or altered by councils 29 41 142 131 127 129 130 i27 143 128 128 133 125 135 137 137 127 142 133 133 127 u 1 i ii \::i 280 ANALYTICAL INDEX. UNION— (Con IIalf-Yearta' Rf! outs.) COPP, CLAKK * CO., PBISTERa, COLBOENE STREET, TORONTO.