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ALSO DECISIONis OP THE SUPERIOR COURTS THEREON, DOWN TO THE PHESENT YEAR. '•■ BY J. GEORGE HODGINS, M.A., LL.D., BARRISTER-AT-LAW, Deputy Minister of Education for Ontario. TORONTO: COPP, CLARK CO., 9 FRONT STREET WEST. 18 8 5. Entered according to Act of the Parliament of Canada, in tl-.e year one thonsaud eight hnndred and eighty-live, Dy JOHN GEORGE H0D6INS, LL.D., Barrister-at-L&w, in the Office of tlie Minister of Agriculture. CONTENTS Page List of Cases Decided p.y the High Court of Justice v Prefatory Note. — Preliminary Remarks in Regard to the Office of Trustee 5 Chapter I. — The Office of Trustee 6 Chapter II. — Powers and Duties of Trustees 14 Chapter III. — Duties of a Secretary-Treasurer and Collector . . 24 Chapter IV. — The Law Relating to Non-Residents 31 Chapter V.— School Section Auditors — Accountability of Trus- tees 33 Chapter VI. — PubUc School Meetings 38 Chapter VII. — Selection of School Sites 54 Chai'ter VII 1. — Compulsory Attendance of Absentee Children . . 54 Chapter IX. — Public School Teachers 56 Chapier X. — Superannuation of School Teachers 67 Chapter XI. — Relationof Inspectors to Public School Teachers 69 Chapter XII. — Schools in Unorganized Townships 72 Chapter XIII. — General Provisions of the Law, Applicable to all Schools 78 Chapter XIV. -School Terms, Holidays and Vacations 8i Chapter XV.— County Model Schools 81 Chapter XVI. — Teachers' Institutes !32 Chapter XVII. — Teachers' Associations 82 Analytical Index 85 LIST OF EIGHTY-SEVEN CASES AFFECTING PUBLIC SCHOOLS, DECIDED BY THE HIGH COURT OF JUSTICE, ONTARIO, SINCE 1850, AND QUOTED IN THIS WORK. HAGF. Anderson v. Vansittart, 5 Q. B. 335 63 Anglin v. Minis, 18 C. P. 170 78 Apiilegaith v. Graham, 7 C. P. 171 77 Herlin v. Grange, 5 C. P. 211, and i E. & A. 279 78 Fioard of Education, In re, and Napanee, 29 Chy. 395 30 Birmingham v. I lungerford, 19 C, P. 41 1 65 Chief Superintendent, /// re Kelly v. Hedges, 12 Q. B. 531 19 Chief Superintendent, Iti re McLean v. Farrel!, 21 Q. B. 441 76 Chief Superintendent, In re Hogg v. Rogers, 15 C. P. 417 76 Chief Superintendent, In re Stark v. Montague, 14 Q. B. 473 3, 77 Chief Superintendent, In re Milne v. Sylvester, 18 Q. B. 538 04 Coleman v. Kerr, 27 Q. B. 5 78 Craig V. Rankin, 10 C. P. 186 76 Croupland v. Nottawasaga, 15 Chy. 339 54 Denison v. Henry, 17 Q. B. 276 77 Dunwich, Trustees of, v. McBeatty, 4 C. P. 228 15 Dunn V. School Board of Windsor, 3 C. L. T. 551 21 Farris v. Irwin, 10 C. P. 116 12 Fetterly v. Russell, 14 Q. B. 433 9 Forbes v. Trustees, 8 C. P. 73, 74 9, 15, 20 Fraser v. Page, .8 Q. B. 336 77 Ferris v. Chesterfield, 10 C. P. 272, 6 L. J. 272 26 Foster v. Stokes, 2 O. R. 590 44 Gillies V. Wood, 13 Q- B. 357 77 Glen V. Grand Trunk Railway, 2 P. R. 377 48 Vi LIST OF (!ASES CITED. PAlJh. Graham V. Ilungerford, 29 Q. B. 239 H Grantham v. Toronto, 2 Q. B. 475 77 Holcolm V. Shaw, 22 Q. B. 92 7« Hughes V. Pake ^/ r//., 25 Q. B. 95 1 1 Hamilton, Trustees of, v. Neil, 28 Chy. 408 25, 65 Jarvis v. Cayley, 11 Q. B. 282 78 Johnson v. Trustees, 30 Q. B. 264 20 joice, //' re Lawrence, 19 Q. B. 197 64 Keith V. Fenelon Falls, 3 O. R. 194 25 Kennedy v. Burness, 15 Q. B. 473 1 1 Kennedy v. Hall, 7 C. P. 218 12 Kennedy v. Sandwich, 9 Q. B. 326 31 Lambiere v. Trustees South Cayuga, 7 A. R. 506 65" Lamont v. Trustees Aldboro', 5 U. C. L. J. 93 13 Lee V. Public School Board Toronto, 32 C. P. 78 13 McBride v. Gardham, 8 C. P. 296 78 McCormick, In re, and Corporation Colchester South, i C. L. T. 215 .... Mclutyre v. McBean, 13 Q. B. 534 64 McMillan v. Rankin, 19 Q. B. 356 7^ Marshall v. Trustees, 4 C. P. 373 19 Martin v. Kergan, 2 Pr. R. 370 48 Monaghan v. Ferguson, 3 Q. B. 484 20 Munson, In re, v, Collingwood, 9 C. P. 479 15 Morrison v. Arthur, 13 Q. B. 297 54 Ness V. Saltfleet, 13 Q. B. 408 54 Newberry v. Stephens, 16 Q. B. 65 76 Orr V. Ranney, 12 Q. B. 377 9, I5. 5' Oakland v. Proper, i O. R. 330 3° O'Leary, In re, and Blandford, 19 Q. B. 556 3" O'Donohoe v. School Trustees, Thorah, 5 C. P. 297 64 Quin V. Trustees, 7 Q. B. 130 63, 64 Rabrais v. Trustees, 12 Chy. 115 20 Ranney v. Maclem, 9 C. P. 192 12 Regina v. Trustees Tyendinaga, 20 Q. B. 528 1 1 Regina v. Trustees, 3 P. R. 43 I3 Regina, Ex rel., Stewart v. Standish, 4 C. L. T. 392 13 PAOK, '4 77 78 II 25, 65 78 20 64 25 II 12 31 65- 13 13 78 T. 215 .... 64 76 19 48 20 15 54 54 76 9, 15. 51 30 31 64 63, 64 20 12 II 13 13 LIST OP CASES CITED. VII PA(ir:. Ridsdale v. Urush, 22 (^. B. 122 77 Ryland v. King, 12 C. P. 198 52 School Trustees of Hamilton v. Neil, 28 Chy. 408 25, 30 School Trustees v. Hunter, 10 C. P. 359 75 School Trustees, In re, v. C'asement, 17 Q. H. 275 77 School Trustees v. Caledon, 12 C. P. 301 160 School Trustees v. Farrell, 27 Q. H. 321, 5 L. J. 230 53 Scott V. Trustees, 21 C. P. 398 20 Scott V. Trustees, 19 Q. B. 28 20 Secretary of War v. Toronto, 22 Q. B. 551 78 Smith V. Belleville, 16 Chy. 130 54 Spry V, Miunby, 1 1 C. P. 285 15, 16, 76 Spry V. McKenzie, 18 Q. B. 161 . 75 Squire v. Mooney, 30 Q. B. 531 78 Stephen, Trustees of, v. Mitchell, 29 Q. B. 382 . . 25 Tiernan v. Nepean, 15 Q. B. 87 77 Toronto v. McBride, 29 Q. B. 13 12 Trustees No. 2 Dunvvich v. McBeatty, 4 C. P. 228 15 Trustees v. Mitchell, 29 Q. B. 382 25 Vanburen v. Bull, 19 Q. B. 633 12 Vance v. King, 21 Q. B. 187 48, 51. 52 Walsh V. Leahy, 18 C. P. 48 64 Williams v. Trustees, 7 C. P. 559 51 Wilson V. Thompson, 9 C. P. 364 13 Wyoming v. Bell, 24 Chy. 564 53 Wright V. Trustees of Stephen, 32 Q. B. 541 64 T PUBLIC SCHOOL LAW REL \ ' I XO TO TRUSTEES IN RUR/.L SECTIONS. PASSED IN 1885. PRELIMINARY REMARKS IN REGARD TO THE OFFICE OF TRUSTEE. Note. — There arc certain equitable principles which apply to the trustees and thair oflice, (some of which do not arise under the School Law,) to which it is proper to refer in this place, as follows ; — 1.— A Trustee defined. A trustee may be regarded as a person to whom money, or othor property or valuables, is intrusted to expend or manage, under certain rules or directions, for the use or benefit of another party. 2.— What a Trustee is expected to do. In the discharge of his duties, a trustee is required to use the customary care and diligence usually exercised by a man of ordinary prudence and vigilance in the management of his own aflUirs. 3.— Responsibilities of a Trustee. A trustee is responsible : — {a) For his own acts, and for the acts of his colleagues done with liiis knowledge. (6) For all breaches of trust, or default committed by himself, or by his colleagues, to which he is privy, or in which he expressly or tacitly acquiesces, or which would not have happened but for his own negligence, act or default. (c) {Under the School Law) a trustee is personally responsible for neglect of duty ; refu.sal to act when lawfully required to do so ; neglect to take security from Hecretary-treasurer ; or for loss of school money through his wilful act, negligence or cjirelessness in not keeping the school open ; in not reporting to Inspector, and in not compelling the attendance of absentees. (School Act, sees. 221, 257, 258, 260, 261 and 271.) 6 OFFICE OP TRUSTEE. [Chap. I. (cl) (Under the School Law) trustees ai-e responsible should they ])ay " 'compensation money or any part thereof," for a school site to a party not entitled to receive the saite — saving always their recourse against such pai'ty. (Ibid. sec. 79.) 4.— What a Trustee may do. He may, with the consent of his colleagues : (a) Defray out of the trust fund expenses legitimately and properly incurred. (b — Under tJie School Law) — Keceive i-emunemtion as collector of school rates. (c — Umlcr the School Law) — Receive payment for a school site. 5.— What a Trustee may not do. Unless allowed by Statute, or other authoritative direction, a trustee cannot lawfully : (a) Receive, even with the consent of his colleagues, any salary or remuneration for his services in the capacity of trustee. (b) Make any personal profit out of the trust, (c) Mix up trust money or accounts with his own private money or accounts. (d — Under the School Law) — Enter into a contract with, or have a pecuniary claim (except in the two instances mentioned above) on the corporation of which be is a member. (See School Act, sec. 253.) (e — Ibid.) — Act as bookseller's agent, or sell books, maps. api>aratus or other requisites to the school. (See School Act, sec. 272.) CHi^FTJER I. THE OFFICE OF TRUSTEE. Section 1.— Who may be a Public School Trustee. Any "actual resident ratepayer" in a public school section, "and of the full age of twenty-one years, and not disqualified under this Act," may be elected a trustee of such section. (School Act, sec. 13. See (h) of this chapter, next page.) 2.— Who may not be a Public School Trustee. The law excludes the following persons from the office of school trustee ; [Chap. I. ble should they r a school site a; alwavs their sly and pi-operly as collector of school site. ve direction, a s, any salary or 36. private money t with, or have oned above) on 1 Act, sec, 253.) naps, apixiratus c. 272.) nstee. I section, " and fied under this ol Act, sec. 13. tee. office of school Chap. I.] OFFICE OF TRUSTEE. (f() A non-vesident of the section, or school division. (School Act, sections 13 and 252.) (6) A resident, who is not an assessed ratepayer. (Ibid.) (c) An inspector of public schools. (Sec. 251.) (d) A teacher in a high, juiblic or separate school. (Ibid.) (e) Minors under twenty-one years of age. {Ibid. sec. 13.) 3.— The OMce of School Trustee may be vacated as follows : (a) By refusal to act, and payment oi Jive dollars as a penalty for such refusal, immediately after election to office. [Ibid. sec. 250.) (b) By resignation, with the consent in writing of his colleagues. {Ibid. sec. 25.) (c) Neglect to make Verbal Declaration. — On being fined five dollars by a magistrate for neglect, or refusal, to make a verbal declaration of office before the chairman of the school meeting or a magistrate (or before the secretary of the meeting should the chairmau bo elected trustee), before entering on his duties. {Ibid. sees. 23 and 250.) {d) Neglect of Duty. — On being fined twenty dollars for neglecting or refusing to perform the duties of his office — not having, on his election (as in {a) above), refused to accept office, and having paid the prescribed penalty of Jive dollars for such refusal. {Ibid. sec. 257.) (e) Removal. — By actual removal of domicile from the section. {/) Non- Residence. — By three consecutive months' absence from the meetings of the school corporation without being authorized by resolution entered upon the trustees' minute book. {Ibid. sec. 252.) {g) Outside the Boundaries. — On being jilaced outside of the section boundaries, by reason of an alteration in them. ( See note to section 6 of this chapter.) {h) Conviction for any felony or misdemeanor, or becoming insane. {Ibid. sec. 252.) 4.— VerbU Declaration of Office required to be made. Within two weeks after his election, the new trustee is required to make the following verbal declaration of office, in presence of the chairman of the school meeting : — *' I will tru.y and faithfully, to the best of my judgment and ability, discharge the duties of the office of school trustee, to which I have been elected." (School Act, sees. 23 and 250.) Note. — If the chairman himself be elected trustee, he should make the declaration of office before a magistrate, or the secretary of the school meeting. In the case of neglect or refusal to do so — in either case — the trustee-elect subjects himself to a fine of twenty dollars, to be recovered before a ma'^istrate, for the benefit of the section. Immediately on the imposition of this fine, the office \i 6 OfFiCE OF* TttUSTEE. [Chnp. I. vacated, and a new election should be held ; but, in the meantime, the bona fide acts of the trustee who was fined, if he should perform any, are biiitling upon tbc section. (See section 3, and note to section 6 of this chapter.) 5.— Trustee's Three Years' Term of Office. Evei'y trustee holds office for three years, and until his successor is elected. This rule does not apply to the second and thii-d trustees elected at a first school meeting in a section. One of these trustees (the second elected) holds office for two years, and the other (the third elected) holds it for one year, and in all cases until their respec- tive successora are api)ointed. {Ibid. sec. 30.) Note. — ^After serving his full term, a person cannot be compelled to act again as trustee until after the expiration of four years ; but he may, with his own consent, be re-elected on his going out of office. This privilege does not extend to a person who declines to act as trustee, and pays the fine of five dollars for non-service. Such a person may be elected to fill the next succeeding vacancy, but may again decline to serve, on paynie.it oi five dollars, as before. {Ibid. sees. 26 and 256.) 6.— Who are the Trustees of altered School Sections. That part of a divided or altered section, in Avhich the school house of the section continues to be situated, is held to be the old or original section. The trustees who live in this old part remain tho lawful trustees of the section, and only go otit of office on the expiration of their term of service. Those only who, by the alteration of the sec- tion, are placed outside of tho new boundaries — and thus beccine iion-residonts — cease to be trustees when the alteration takes efl'ect (25th of December). (See {g) of sec. 3, page 7, also " Note " below.) Note. — As a general rule, it is scarcely worth while to anticipate the annual meeting, and elect a trustee or trustees in place of the one (or two) who m.iy cease to hold office on the 25ih December, by reason of non-residence, caused by being placed outside the new boundaries, as explained above. The remaining trustee or trustees in tbe section (as well as the secretary «r inspector) can give notice of the annual school meeting. Should, however, an election be held before the annual meeting, another election must be held at the annual meeting, on the first Wednesday in December, to fill up the usual vacancy caused by the retiring trustee. 7.— Liability of the original section for old debts. The Court of Common Pleas has decided that one or more altera- tions in the l)Oundaries of a school section, or the change of owner- ship of laned with which to pay the teachei's salary. In that case they may be given, bearing not more than eight per cent. (See (f) above. The law, however, gives trustees ample powers at all times to procure by rate, imposed by the township council, such money as they may require. Trustees who desire to borrow money for the purchase of a site and the erection of a school house, can do so from the municipal council ; as provided by the 381st sec. of the Consolidated Municipal Act of 1883, 46 Vic, ch. 18). This section authorizes "any municipal corporation having surplus moneys set apart for educational purposes, by by-law, to invest the same in a loan or loans to any board or boards of school trustees 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, or may by by-law grant any portion of such moneys or other general funds by way of gift to aid poor school sections within the municipality." (See decisions of the Courts, section 3, chapter ii.) (^) Unqualified Teachers. — For the salary of teachers, or assistant.s (employed by tho-m), who do not possess legal cei-tificates of qualifica- tion during the whole period of their engagement. (See chapter ix.) (h) Befiisal to account. — For their own refusal, or that of their secretary (on their behalf), to furjiish either of the school section auditors with the papers or information in their possession, or within their jurisdiction, relative to their school accounts. (See chapter v.) (i) Account for Moneys. — For neglect or refusal to account to competent authority for school moneys or other school property entrusted to them, or in their possession. (See chapter v.) (j) Neglect of Law and Ihgnlations. — For loss to the section, o' any portion of the legislative grant (or county a.ssessment), in con- sequence of their neglect or refusal to keep their school open during the entire year, or of neglect to make I'eports and returns to the [Chap. I. Chap. I.] OFFICE OF TRUSTEE. 11 are not competent an o|ipoitunity ot ^I'ley d al., i\'o. /j, III tlie corporate any contract or 5ee also decisions thap. viii.) neglect to make jful duties after Kas the case may )1 Act, sees. 250 h they may sign , cl. (4.), author- eachers' salaries. linnrl, nnd even the s individual trustees 1 notes a corporate pay the teacliei'.s lian eight per cent, wars at all times to noney as they may ise of a site and the cil ; as provided by Vic, oh. i8). This us moneys set apart oan or loans to any inicipality, for such igreed upon by and 1 set forth in such ys or other general unicipality." (See ?rs, or assistants atesof qualifica- See chapter ix.) 'I- that of their ' school section ssion, or within See chapter v.) to account to 3hool property Bi- V. ) the section, o^ nnent), in con- ol 0|)en during returns to the insj)ector, or of their refusal to conduct their school according to law or to the official regulations (which have the force of law.) (h) Further Monetary Penalties for Neglect of Duty : (1.) Twenty dollars for making a false return to the Inspector. (2.) Five dollars for every week of delay in forwarding their annual report to the Inspector. (School Act, sections 209 and 270.) (3.) Five dollars for neglect, in not calling annual or other ' necessary school meetings. {Ibid 254.) 10.— Legal Decisions on the Personal Liability of Trustees. (I.) Personal Liability or neglect or refusal to exercise their Corporate ponvers. — The Court of Queen's Bench has decided as follows : — In a case where a manda- mus nisi was issued to school trustees to levy the amount of a judgment obtainew be made. Alt salaiy dUputes between trustees and teachers must be settled in the Division ' surts. (School Act, see. 160.) {4.) The same Court has decided that where trustees become personally liable under the statute, it is necessary to show that there has been some adjudication of the fact of wilful neglect or refusal to exercise the corporate powers vested in them for the fulfilment of any contract or agreement made by them, before such liability can be enforced, — Ramtey v. Aiaclem et al, 9 C. P. K. 192. (5.) Wheft Personal Liabilitv of Trusts arises. — The Court of Queen Is Bench has decided that triistt^s cannot be held liable unless they wilfully neglect to da their duty : not where they dedine in good faith to exercise their corporate powers on accountof any doubt or legal difficulty which they suppose to exist, — Vanburett V. Bull et al. No, 3, Rawdon. 19 Q. B. R. 633, Note.— See also Tp. Toronto v. AfcBride\ No, ( ) of sec. , chap. (6.) A Trustee {not bein^ secretary-treasurer) canttoi reeetve StAon/' M»neys. — The Court of Common Pleas has decided that a school trustee having money in his hands, not as secretary and trea'-urer of a board, or in any official capacity^ cannot embezzle such money, his duty as tnistee not requiring or authorizing himi to receive it. — Farris\. Ivwin, No, 16 Darlington, 10 C. P. R. ri6. -Chouse of Si'iOi'i Siie. — Two of . sv^'ool site, called a meeting; .'■:opo:al. The two trustees • 'ec. 30 Consal. Stat. U. C. •v ns.eholders, and under the .a r.nother meetii^, at which 1 he trustt'Cs' arbitrator and ( 7 . ) Loa n to School Trustees — Per social L ia Uikv- the trustees of a school section, wishing to cban:e of the freeholders and householders, who re €<:>. thereupon chose an arbitrator, assuming tu ac. ch. 64, bat noiw was chosen by the freehold f;Ks ;i;i advice of tl>e Deputy Superintendent the truste<;; a motion ta appoint such arbitrator was rejected, the local superintendent thereupon made an award changing the site. A special meeting was then called to consider how the money should be raised to carry out the change, at which the conduct of the trustees and the diange was strongly disapproved of. The two trustees thereupon petitioned the township council^ stating that the ratepayers were desirous of purchasing a new site, and asking for a loan of $400, " for which the trustees will bind themselves tc pay the interest annually, and the principal when due," This was granted, and secured by two. instalments, as follows : — "We, the undersigned. Trustees of School Section No. 11, do hereby promise to pay the Treasurer of the Corporation of Toronto Township, or," &c. tSigned) M, D. Trustees. with the corporate seal affixed. The money was expended for the purpose men- tioned. The township corporation having sued the trustees individually on these notes, and on the common counts : Held, that they could not recover on the notes, for, (l) They were payable to the treasurer; and (2) Thedefendants were not personally liable upon them. Held, also, Wilson, J. dissenting, the defendants were not liable upon the common counts either, for the intention of all pajties [Chap. I. Chap. 1.] OFFICE OF TRUSTEE. 13 iy thejfn with such ;as which averred as f 13 and 14 Vic. 7, sub-section 20), corporate powers hat on the facts, ml ascertaining for ng the trustees per- ise their corporate al, Ne. J, Oneida. ;a)aiy disputes between see. itSb.) ne personally liable ome adjudication of wers vested in then* before such liability t of Queen's Benchi iifully neglect to da eir corporate powers to exist.. — Vdidureit f StAoet Moneys. — tee having money in ^ny official capacity, I or authorizing htm R. ri6. SiJiOii siie. — Two of ite, called a meeting . The two trustees Conso]. Stat. U, C. :lers, and under the cr meeting, at which itC'Cs' arbitrator and he site. A speciaj e raisetl to carry out ^ange was strongly township council,, site, and asking for tc pay the interest and secured by two do hereby promise- ', or," &c. f Trustees, the purpose m*n. dividually on these lot recover on the lefendants were not ng, the defendants :nt|on of all pgutiea plainly was that the trustees as a corporation should be bound, not the defendants personally ; and there being no fraud and concealment on their part, the fact that they as a corporation had no authority to borrow, nor the plaintiffs to lend, could not, under the circumstances, make them personally liable. Scmble, per Richards, C. J., that under section 30, the difference of opinion as to the change of site authorized a reference to arbitration ; but that the refusal of the freeholders and householders to name an arbitrator did not enable the other two arbitrators to proceed, the proper course being to compel the appointment by mandamus. Per Wilson, y., the difference of opinion must be as to the position of the new site, after the change has been agreed to by the ratepayei-s, not as to whether there shall be a change ; and the arbitration, therefore, was unauthorized. — The Corpo- ration of the Taionship of Toronto v. McBride etal.. Executors 0/ William Mc Bride, 29 Q. B. K, 13. (8 ) Not obeying the Writ. — It has been decidetl in Chambers, that "No attach* ment will lie for not making a return to a peremptory mandamus ;" it should be for not obeying the writ. The rule nisi called upon the trustees of school section 27 in the townshi]) of Tyendinaga, iu the County of Hastings, to shew cause why an attachment should not issue against them. On an affidavit of service of this rule on A, B and C, stating them to be trustees of said section, a rule absolute was granted, following it in form, and thereupon an attachment issued against A, B and C. Held, bad, as not warranted by the rule. Queen v. 37 Tyendenai;a. 3 P. R. 43, C. L, Chamh.~Burus. (9.) Public School Truntee — Contract — Dwiualificaiion — Costs — Where a school trustee, who was a medical practitioner, acted in his professional capacity under an engagement by the board in examining the pupils attending the school as to the prevalence of infectious disease, and made a charge of $15 therefor, which the board ordered to be paid. Held, that this disqualified him as such trustee and rendered his seat vacant. A rule for leave to exhibit an information in the nature of a quo vmt^'unto to test the defendant's right to retain his seat was directed to be made absolute with- out costs, unless within ten days the defendant admitted he had forfeited his seat and consented to the board declaring it vacant, in which case the rule was to be discharged without costs.— /^e(/i»»a tjc ml. Stewcu't v. Staitdkk, C. L. J., iv., 392. (10.) DiaqualiJicaUon 0/ Trustees — FurnlsJihig School Supplies. -Held, Osier, J., doubting, on a special case stated for the opinion of the Court of Chan- cery and transferred to this court, that the fact of the public school board of the city of Toronto entering into an agreement with and purcliasing their stationery and school supplies fram a publishing company, and having obtained gas from a gas company, and insured their properties in certain insurance com- panies, of which said companies the plaintiff was a shareholder, did not disqualify him from acting as a trustee of the school board, or render his seat vacant, under 44 Vict., c. 30, s. 10, O. — Lee v. The Public School Board of the City of Toronto^ 32 C. P. 78. QucBre, per Osier, J., whether the case could properly be entertained, no fact being disclosed by which jurisdiction could be exercised under the Act relating to mandamus and injunction, R. S, O., c. 52, s. 30, no wrongful act having been actually done by the school board, but merely an injury to the plaintifTs rights threatened, it being alleged that the board intended to declare the seat vacant. — Jbid. (li.) Trutiteea cannoi he Contractors or BuHdern — School Houses. — A school trustee cannot, even by the consent of his co^trustees, be a contractor for the building of a school house. — Lamont v. The Sc/iool Trustees of Section No. j(, Aldboro, 5 L. J. 93 — D. C., Hughes. Held, that power is given, under 13 and 14 Vict. c. 48, 16 Vict. c. 185, to schoul trustees ta asacnxble a. sjiecial meeting of the freehalders and hai^seholdecs I i 14 POWERS AND DUTIES OF TRUSTEES. [Chap. II. (if any scl'ool section for the purpose of maintaining a common school within their section : — ILld, also, that any resolution passed at the general annual meeting may Ix; resciutled by a special meeting properly convened for that purpose. — ]VU- .I'jH \. Thompson, 9 C. P. (12.) PersotKil Liability of Trufitee.H — Iftfitsintj to Exercise Corporate Forcers, ■School trustees cannot he held liable under 23 Vict. c. 49, s. 9, for wilfully neglecting or refusing to comply with an award, without being at first afforded AW udpoitunity of explaining or justifying such non-compliance. Where, there- fore, the defendant was justified seizing the plaintiffs goods under a warrant of the r\rl)itrators issued against ilie plaintiff and the other trustees for non-complience v'ith an award, but did not shew th^t the iiIaintifT was notified or called upon to tshew cause before such warrant issued, field, that the plea was bad. Remarks as to the informality of the warrant. Orakam v. Huiujerford et al. 29 Q. B. ^39- CH^VFTER II. POWERS AN I J DUTIES OF TRUSTEES. I. GrEXERAL CoilPORATE PoWERS. 1.— Rural fSchool Trustees to be a Corporation. The law declares that "the trustees in every school section shall be ft corporation, under the name of Tke Hoard of Public School Trustees J or iSectioit 0/ the Township of , in the County of . And no .such corporation shall cease by reason of want of trustees, lu case of such want [a) any two ratepayers of the section, or the lusppctor, may, by oration. further declares irsons a corpora- irporation power li in their corpo- mge the samo at r to acquire and ral comiiiiinication ; a its intention — namely, members may express ind the corporation ; it f the individuals com- law, b. I, clwp. 4. hold personal property and movables for the purposes for which the corporation is constituted, and to alienate the same at pleasure ; and shall also vest in any majority of the members of the corporation, the power to bind the others by their acts ; and shall exempt the individual members of the corporation from personal liability for its debts or obligations or acts, provided they do not contravene the pro- visions of the Act incorporating them. (Rev. Stat. Ont. ch. 1, cl. 24^ But no corpoi'ation shall carry on the business of banking \i.e. taking or issuing promissory notes, ifeo.,] unless wlien such power is expressly conferred on them by Sttitute. (See ^'- Decisions of Courts" next section (1). 3.— Legal Decisions regarding School Trustee Corporations. (l.) Circtdation of School \Orders on Treasurer, ati Act of Banking coiiti a*}' to Za:ci. — Chief Justice Draper thus condemns unauthorized acts of tanking on the part of corporations. He says : " The evidence given at this trial shows that a pra:tice had grown up for the defendants to give orders on their treasurer, which, when he had accepted them, got into circulation, and at last found their way into the collector's hands in payment of taxes. Such a practice seems to -ne al variance with the spirit, if not the intention, of the Consolidated Municipal Act, which enacts that no council shall act as a bariker, or issue any bond, bill, note, deben- ture, or other undertaking of any kind, or in any form of the nature of a bank-bill or note, or intended to form a circulating medium, or to pass as money ; and any l)ond, bill, note, debenture, or other undertaking issued in contravention of thi* section, shall be void. — In re Afuusen v. 7'he Muukijiality of CoHiug'u'ood, 9 C. P. R. 497. (2. ) A Corporation as^gregale is not bottnd to appear as Witnesses in Court, Init its In.iiviJnal MentlKrs may be suhpaniaeii. — The Court of Common Pleas has decided that a corporation aggregate is not bound to appear at the trial as witnesses, under a notice served on its attoniey under the Consolidated Statute, chap. 32, sec. 1$ (now R. .S. O., chap. 62, sec. 18). If the individual members are required to appear, they must be individually subposnaed. — Trusties TVIe. 2, Dumvick v. AlcBcath, 4 C. P. R. 228. (3.) Two School Trnstets can enter into a Contract against the xvishes of a third. — The Court of Common Pleas has decided that a contract entered into by two trustees under the School Acts, with the corporate seal attached, is sufficient, and a plea that it is signed by the two subscribing trustees without the consent or approbation of the third, [but not without his knowledge,] was held to be bad. — Forbes v. Trustees, No. 8, Plytnpton. 8 C. P. R. 74. (See next decision.) (4.) But t-,00 Trustees cannot Act toithout consulting a third. — The Court of Queen's Bench has decided that two of the trustees of a school are not competent to act in all cases without consulting the third, and giving him an opportunity of uniting in or opposing the acts of his colleagues. — Orr v. Jianney, et al.. No. ij, IVest minster. 12 Q. B. R. 377. (5.) A Trust -e, lohm sued for a Corporate Act, entitled to Notice of Action. — The Court of Common Pleas has decided, in a case of alleged trespass under a warrant, that a school trustee who is sued for any act done in his corporate capacity, is entitled to notice of action, and th.it the aution must be brought within six months ; and that a school trustee, acting in the dischan;;e of his duty as such, is entitled to the protection of, and comes within the Consolidated Statutes, chap. 126 (now R. S. O., chap. 73), notwithstandini, he should have signed a warrant individually, instead of in his corporate capacity. — Spry v. Munby et al.. No. IJ I^azc/don. II C. P. R. 285. 16 POWERS AND DUTIES OF TRUSTEES. [Chap. II. (6.) ProUction of Trustees, Cc.'lectors, and other lawful School Officers. — The following are the provisions of the .\ct for the protection of magistrates and others, to which the judge in the foregoing decisions referred. Sec. I. Every action brought against any Justice of the Peace, for any act done by him in the execution of his duty as such Justice, with respect to any matter within his jurisdiction as said Justice, or against any other officer or person JulfilUn^ any public duty, for anythint^ by him done in tlie performance of such public duty, [interpreted by the court in the foregoing case (il C. P. K. 285) to apply to school trustees and to collectors of school rates, when acting under the trustees' lawful warrant ] whether any of such duties arise out of the common law or be imposed by Act of Parliament, either Imperial or Provincial, shall be an action on the case for a tort, and in the declaration it shall be expressly alleged that such act was done maliciously and without reasonable and probable cause ; and if at the trial of any such action, upon the general issue pleaded, the plaintiff fails to prove such allegation, he shall be nonsuited, or a verdict shall be given for defeodant. •♦•».».♦• Sec. 20. So far as applicable, the whole of this Act shall apply for the protec- tion of every officer and person mentioned in the first section iiereof, for anything done in the execution of his office, as therein expressed. Note. — The one hundred and fifty-fourth section of the Consolidated Public School Act o 1885, also provides ihnt " Tiu.stees shall not be liable to any ptosecution, or the payment of any damages for acting under any by-law of a municipal council before it has been quashed." II. — Powers and Duties of Trustees in Eggard to the Site and School House. 4.— Duty of Trustees in regard to the Site of a School House A change of site can only take place by consent of a majority of the ratepayers present at a meeting called by the trustees (or the county insi)ector). Should a difference of opinion arise at the meeting between a majority of the trustees q,nd the ratepayers on the choice -^f a new site, the mutter mu.st be referre4 to arbitration, as explained in the chapters relating to " School Meetings " and " School Sites ;" but the trustees alone have the legal right to decide upon the size or enlargement of a school site, as provided in sec. 10 of chap. vii. 6.— Trustees to hold School Property by any Title. Trustees are required by law " To take possession and have the custody and safe keeping of all public school property which has been iiaqnired or given for public school purposes in such section ; to acquire and hold as a corporation, by any title whatsoever, any land, movable property, moneys, or income given or acquired at any time for public school purposes, and to hold or apply the same according to the terms on which the same were acquired or received," (School Act, sec. 40, el. (9.) See also sec. 8 of this chapter, on next page.) 6,— Necessity for a proper Title to the Schpol Site. The provision of the law, and especially thtj one mentioned in section 8, below, which vesta all school property in the trustee corpo- ration for tlie purposes of sale, requires that trustees should, without J. [Chap. II. School Officers. — The lagistrates and others, :ace, for any act done respect to any matter cer or person /iiljilling ce of such public duty, 85) to apply to school ;r the trustees' lawful on law or be imposed be an action on the alleged that such act cause ; and if at the the plaintiff fails to ct shall be given for • • * apply for the protec- n Hereof, for anything ited Public School Act o on, or the payment of any as been quashed." Lbgahd to the ' a School House tit of a majority of le trustees (or the arise at the meeting ayers on the choice ration, as explained id "School Sites;" de upon the size or ) of chap. vii. y any Title. ission and have the arty which has been li section ; to acquire ', any land, movabla any time for public cording to the terms School Act, sec. 40, )age.) Schpoi Site. ♦) one mentioned in in the trustee corpo- bees should, without Chnp. IT.] l'0>N'^nS AND DUTIES OF TnUSTEES. 17 delay, whenever pracUcjible, obtain a deed,* A bortd for a deed, a lease, or other leg»e are in a tit condition, and suitable wood provided ; that the desks and seats are in good repair ; that the outhouses are properly provided with doors, and are frequently cleaned ; that the blackboards are painted, the water supply abundant, and everything provided necessary for the comfort of the pupils and the efficiency of the school. 13.— Legal Decisions in Regard to the School. (l.) Trustees can levy a rate /or the erection of a School House. — The Court of Queen's Bench has decided that, under the School Act, school trustees are authorized to levy a rate for the erection of a school house in their section. — Chiff Superintendent of Education^ appellant, in re Kelly v. Hedges, Burford, and jj Uindham. 12 Q. B. R. 531. (2. ) School House Contracts not valid ivithout trustee Corporate Seal. — The Court of Common Pleas has decided that the trustees of a School Section, being a cor- pora, ion 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 erec- tion of the same. The seal is required as authenticating the concurrence of the whole body corporate. — Marshall v. Trustees, No. 11 Kitley. 4 C. P. R. 373. Note. — Such a contract, not beine binding on the corporation, would be binding on the indi- vidual trustees who made it with a third party, acting in good faith. Query, whether the trustee- corporation would not, by subsequently taking possession of the school hous:, or by some othei act, recognize the validity of the contract t If- ' 20 POWERS AKD DUTIES OF TRUStEES. [dhap. II. f ''I ^ 1 (3). Contract under Seal, sioufd l>v a majority of (he Corporation, bindins;. —The same Court has also deciiled the foUowinjj cast : — A contract was entered into by txao of the trustees of a section under their corporate seal for building a school house ; after the house was built the trustees refused to pay, on the plea that the contract was not lej^al. A jury having given a erdict in favour of the trustees, a new trial was ordered, and the former verdict '\^ favour of the trustees was set aside. The Court held, tha' a contract entered inic by t^oo trustees under the School Act, with the corporate seal attached, is sufticient ; and a plea that the contract was signed by the two subscril ing trustees, with the consent or appro- bation of the third, was held \ra.(i. — Forbes \. Trustees, No. 8, Plympton. 8 C. P. R. 73, 74- (4), Alteration of Boundaries no valid p-ound for refusing to levy rata to pav for a School House. — The same Court has decided the fd'lowing case : — The pLmtiff recovered a judgment in March, 1858, against the school trustees for a debt due to him for building a school house (or the section, and made several unsuccesstil attempts to obtain payment of the same from the trustees and their successors in office. The trustees always refused to levy a rate or >d pay the judgment. To an application for a mandamus to compel the trustees to levy a rate for payment of the judgment, the Court fuld that it was 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 rate-payers originally liable ; or that the merits of tlie claim on which the judgment was iounded were capable of being impcache 1. — Johnston v. School Trustees of Hanoich, 20 Q. B. 264, distinguished. Scott v. Trustees, No. i Burgess, and 2 Bathurst. 21 C. P. R. 398. (5). School House and Site in use not liable to be sold on judi^ment against Trustee Corporation. — The Court of Queen's Uench has given judgment as follows .--In a caorati(Ht, bhtdin<;. —The act was entered into by 1 for building a school y, on the plea that the favour of the trustees, a of the trustees was set hvo trustees under the t ; and a plea that the 1 the consent or appro- No. 8, Plympton. 8 C. ig to levy ratfs to fay for ig case : — The pluintiff trustees for a debt due ade several unsuccessliil and their successors in y the judgment. To an y a rate for payment of ince the recovery of the of the section, and that riginally liable ; or that :d were capable of being 1. H. 264, distinguished. P. R. 398. •udi^ment against Trustee jment as follows ,--ln a ;es for the purposes of a er in case it should cease erected a school house, )ney due on the building id deeded liy the Sheriff ; kvfuUy be sold — it being (any more than a court ion, as, not the trustats, ust (/. e. , the persons for lave resorted to his other > provided in the 252nd iSS^.]— Scott V. Trustees i. K. 28. :en's Bench has decided Id sue for a trespass on > have given the teacher erty of occupying it dur- Ferguson et a/., London. lyer, seeking to restrain d for religious services ; be plaintiff and all other to the injuncli"^-, being I the grounds — firf.., that been, it appearing that a f the plaintiff, they had ed to the Court doing, of himstif and all other rly c*r(stituted ? — Rabian 3 (8 ) Propoi^ed School Home — Subnil/xtion to Electors — Sufficiency 0/ Suhminfiion. — t appeared from affidavit of the .Secretary and Treasurer of a school section, that at two retrularlv called meetings of the only qualified electors of a school section at which a chairman was appointed, proposals to purchase a site, build a school house, and borrow money therefor, were put by way of motion and carried, upon which a by-law was passed authorizing the i.-.sue of debentures to rai->e money for the above purposes. Held, by Armour, J., that under 42 Vict., cap. 34, sec. 29, subs. 3, this was a sufficient submission to, and approval of die the proposal by the duly qiialifieil electors of the section, and a rule to c[uash the by-law was discliarged. — Inte McCo inick ai'2 the Corporation of t/u! Township of Colchester South, C. L. S., I., 215. (9.) Public School — Transfer of Pupil — Want of Accommodation — Mandnmuji, — A child w.is registered at one of the public schools in the town of Windsor, and attended thereat during the last school term ; on 3rd September last the plaintiff, her father, made application for her admission into the other school, which being refused, he applied for a mandanuis. By the Public School Regula- tions, cap. 12, sec. 6, it is declared that a registered pupil shall continue at the school at which he has been registered till regularly withdrawn ; by sec. 7 the inspector may transfer pupils. The plaintiff had not complied with these regula- tions. He.ld, by Ferguson, J., that he was not entitled to a mandamus. It appeared that the school to which he sought admission for his child did not afford accommodation for her. Held, a sufficient ground for refusing the mandamus. — Dunn v. The School Board of Windsor, C. L. /., iii., 551. (10). ^ ,te Assessm-'nt Act exempts from taxation "every public school hou";e, with the land attached thereto, and the personal property belonging to it." (Sec. 9. cl. 5-) NoTH. — See chapter vi. on " School Meetings," and section 15 of chapter vii., containing De- cis.on of the Courts in regard to School sites. IIL- -PowER AND Duties of Trustees in regard to the School Teachers, »tc. 14.— Providing Teacher, Apparatus, Books, School Bell, &o. The trustees alone, and not any public meeting, liave the right to decide what teacher b!»all be employed, how much shall be paid to him ; what apparatus, library, prize and te.Kt books shall be pur- cha.sed ; what repairs ; that contingent expanses for stationery, postage, warming and cleaning the scliool houses, purchase of school bell, tfec, shall be authorized, (as explained in the next section of this chapter ;) ill short, they alone have the right to decide upon everything which they may think expedient to do in order to promote the intet-ests of the school. 15.— Who shall determine the Expenses of the School. The majority of the trustees of every school section have, as we have shown, the sole right to decide as to what expenses they will incur for maps, school furniture, apparatus, library and prize books • 3 '22 POWERS AXD DUTIEE OF mUSTEES. [Chap. ir. ! (i - Hiilaries of teachers, rent of school liouse, cost of school bell ; warm- ing, cleaning, re[Kiirs, contingent and all other expenses of their Hcliool. The trustees, as explainoil in the preceding section, are not required to refer sujh matters to any public meeting whatever ; and no resolutions of a public meeting on the subject have any legal force, especially us the schools are now free by law. (See sec. 1 of chap, xiii.) 16.— Trustees to establish Free Public School Library. Trustees should, under the general regulations, establish a free ])ublic school library for the children and ratepayers of their section. 'I'iiey can appoint and pay any competent person to act as librarian. In case they do not appoint any such person, the teacher is required, without additional salary, to act as librarian ex-officio for the section. (See chapter ix., relating to teachei'S.) Note, — The property of every public library is exempt from taxation. 17.— Fees Ohargeable on all Non-Besidents. The children of all non-residents alike, whether I'atepayers of the section or not, must now pay a school fee per calendar month in itdvanoo, not exceeding fifty cents per pupil, (See section 207 of the School Act of 1885.) This applies to non-resident children who reside nearer to the school concerned than to " the school in their own section. '* In case of dispute as to distance from the school, the inspector shall decide." 18.— Authorized Text Books only can be used. The School Act makes it the duty of trustees " To see that no unauthorized text books are used in the school, and that the pupils are duly supplied with a uniform series of authorized text books, sanctioned by the Education Department. (Sec. 40, cl, 11.) The Act further declares that no teacher siiall use or permit to be used as text books in a model or public school any books except auch as are authorized bj' the Education Department. {Ibid. sec. 210; see also sec. 4 of chap, xiii.) Note. — Teachers or other per.sons who shall negligently or wilfully substitute any unauthorized text book * * » shall be liable to a penalty not exceeding ten dollars. (/l was not liable for the moneys so received by A, which were outside the duties per- taining to his office, and should have been retained by the municipal c )rpjration. h havmg been informed by the school board that A w.as in dtf-iult, but not in respect of what mopeys tlie default was made, as to which he made no enquiries, an I m 4*^ : h < I ■V' i m' 26 SECRETARY -TREASURER AND COLLECTOR. [Cliup. III. having at the request of the school board given a mortgage to secure the liability wliich he was informed he had, by reason of such default, incurred as surety under the above be nd, and having subsequently ascertained that the default was partly in respect of moneys so improperly paid to A. Ilefd, that H was entitled to redeem on payment of the balance only of the moneys for which he was held liable as surety, the mortgage having been executed under a mistake. — Keith v. Fene/un Falls Union Hchuol Suction et al., 3 O. R., Chy. D., 194. ( 3. ) Pcrxoiial Liability of Secretary- Treasurer in r'gnrd to vilhliohViig lionkx, &c. — Hiid, that an award made by urbitrators appointed nnder sec. -'it of C. S. U. C, c. 64, against one of the trustees (the sccretnrv-trenaurer), in his indi- vidual caitncity na SHid trustee, for wrongfully withlioldins; books, moneys, ifce., is binding; -'. That the citing of a trustee to appear before the judge of the County Court, nnder sec. 130 vt xeq , of tlie School Act. is not necessarily a bar to Droceeding by arbitration under sec. '.'9; and 3. That under sec. ISO, the judge of the County Court has no jurisdiction, except when a secretary-ti-ens- urer " has in his possession books, moneys, I Council of the Township shall pass a By-law for the said purpose, and shall forthwith issue a debenture or debentures to b» repayable out of the taxable property of the school section con- corned, and subject to the limitations contained in this Act. [Ibid, sec. 133.) The limitations are contained in the following section : — " The Municipal Council of any township shall not borrow or levy, or collect any rate for any sum of money for any of the purposes mentioned in this [next preceding] section unless the proposal for the same has been submitted by the Trustees to and approved of at a spe- cial meeting of the duly qualified school electors of this section called for that purpose." {Ibid. sec. 134.) The school meeting has the right to object to a loan by the Trustees, or to the levy of a rate by the fownship Council, for the purposes mentionei,! above. In other words, it has full power to discuss with the I'rustees, and decide with them upon the expediency of the proposed outlay, its amount, or any parti- cular item in the estimate. The final result of the discussio'i at the meeting should be embodied in formal resolutions for the guidance of the Trustees, and on which they can, if the outlay be approved, base their estimate and requisition to the 'lownship Council. When the proposed loan or rate for expenditure has been sanctioned by the school meeting, the Trustees can compel the Township Council (in case of its re- fusal) by inandamiis, froni the High Court of Justice, to raise the amounts re- quired, as agreed to at the special meeting. Discretion is given by the following section to the Town.ship Coun- cil in regard to the tiuie at which the debentures necessary for these purposes shall be issued : — " No Township Council shall levy or collect in any scliool section (luring any one year more than one school section rate except for tlie purpose of a school site, or for the erection of a school-house." (Sell. Act, tec. 137.) OR. [Chap III. by the Trustees. he rate by the Towii- ;.\penscs for building, of the collector's fees IS to enable the Coun- This sum the trustees nt is not paid over to use, etc. 3u the application s of debentures fur n of a school-house >f a teacher's resi- 1 pass a By-law for ture or debentui-es school section con- this Act. {/bid, sction : — lot borrow or levy, v of the pur[)oses he proposal for the •proved of at a spe- ■ this section called lan by the Trustees, ; purposes mentioneil ; Trustees, and decide liiiount, or any parti- al the meeting should rustees, and on which nd requisition to the en sanctioned by the mcil (in case of its re- raise the amounts re- e Township Coun- iiecessary for these any school section m rate except for if a school-hortss." Chap. III.] SECRETAHY-TREASURER AND COLLECTOR. 29 10.— Township Special Assessment for each School. In oi'der to stimulate Trustees to keep up a good school, provision is made in section 121 of the School Act for a permissive special as- sessment in aid of each school as follows : — " The Municipal Council of every township may levy and collect by assessment, upon the taxable property of the public school siip- porters of the township, in the manner provided by this Act, and by th(> Municipal and As.sessment Acts and amendments, the sum of one hundred dollars for every public school section therein in which a school has been kept open the whole year exclusive of vacations (a proportionate sum being levied for a shorter term, and an additional sum of fifty dollars for each additional teacher employed the whole year)" (/6w/. sec. 21.) 11.— For what a Section School Rate may be Collected. Township councils can collect rates for any of the school purposes enumerated in sections 9 to 12, inclusive, of chapter ii. 12 — For what a Section School Rate cannot be Collected. No rate can be lawfully levied : — 1. Teachers Scdari/. — ^To pay the salary of any master or assistant teacher, who does not, during the whole time for which the salary is claimed by such teacher, etc., possess a legal certificate of qualification. (School Act, sec. 157.) 2. Trustee's Claim. — To pay tny claim of a co-trustee for any- thing except a school site, or as remuneration for acting as a collector of school rates. {Ibid. sec. 253.) ;5. Cost of Suits. — To pay costs of an illegal i^iiit, or for unsuc- cessfully defending a suit brought against them for illegal acts, as decided by the Court of Queen's Bench, 14 Q. B. R. 473. itc. 4. Uanecesaary Expenses. — For unnecessary travelling expenses, 5. For excessive Interest, i.e. over eight per cent., and the expenses of unauthorized loans, «fcc. Note. — In the case of Malcolm v. Makolvi (15 Chy. 13), the Court of Chancery declared it was "contrary to the rule of this court, in dealing with persons who have not acted properly, to punish them more severely than justice to others readers necessary ; and therefore where school trustees wrongfully expended moaey in building on a site which had been changed by competent authority, relief was only granted to a ratepayer who complained of the act, subject to equitable terms and conditions." 13.— Application to Township Council to Collect Rates. Before authorizing any school rate, the trustees should decide before hand whether the money requii'ed by them is (1) for current 30 SECRETARY-TKEASURER AND COLLECTOR. [Chap. III. M oxponscs, or (2) on capital account, as autliorizwl by tlio ratepnyere. Tu either case an estimate of the sum recpiired by tlie trustees in the former case should be sent to the township council, at or before its August meeting. (Sec. 40.) The council, upon receiving the trus- tees' estimate for current expenses, and a request in writing, must levy the required ratu within a reasonable time, and pay it over to the trustees (without any diminution of the collector's fees or expenses — which must be added to the rate itself by the council). NoTK. — In case of refusal, on the part of a township council, to levy the amount re(|uired by the trustees, the remedy is by irandamus from either the Couit of (Queen's Bench or Common Pleas. (Decisions of the Courts on this subject are !,'iveu in Part II. of these Lectures, and also an analysis of the whole school law in regard to township councils.) XW HIank forms of estimates and requisitions on the township council can be sent by post by Mos.-.rs Copp, Cl.irk & Co., Front Street, Toronto, for lo cents per sheet. For the special expenditure the council must issue a debenture, or j< of Oakland v. Prosser. I. O. R. div. D. 330. (2.) Requisilion to Municipal Councils for Funds fir School (S'i^c.^ A muni- cipal corporation has no discretion in accepting or rejecting the requisition of school trustees for funds for a school site, except by a two-thirds vote. An adverse vote by a smaller majority is a virtual acceptance, and the requisition mu^t must therefore be complied with. — Re Board of Education of Napanee and tat Corporation of the town of yapanee, 29 Chy., ^95. To a bill by a rurul school section corporation to compel the municipality to mike go.id money paid by the municipality to a person alleged not to be the duly ap;i )inted olfijer of the corporation, the treasurer of the municipality is not a pro )or party.— 5c;/iooi Trudees of the Township of Hamilton v. Neil, 28 Chy., 40S. ... OR. [Chap. III. fl Chap. IV.] law kelatino to non-uesidents. .•^1 y tho ratepnyeifj. lie trustees in tho il, at or before its eceivin<,' the trus- in writing, must i\u\ pay it over to ollector's fees or y the council). council, to levy the mus from either the f the Courts on this analysis of the whole cil can be sent by post by :t. ue a debenture, or dde the means for early rate imposed chool Rates. les of Municipalitj/ — )ond of a Township ) pay over for the use irtue of his office, anil icit occured in Clergy i)f the Provincial Sur- ) and 1875, these two d to be invested and ious as the Township id distinction between ropriated, prima facie es to be applicable to e sureties to the bond d by R. S. O. cap. easurers of Countie-s, \shlp» of Oakland 0, •Jiool Site. — -A muni- 151 the requisition of wo-thirds vote. An 1 the requisition muit if Napanee and tnt the municipality to ;ed not to be the duly lunicipality is not a m V. NvU, 28 Chy., (») Mnndamm to lent/ Sch'tol JlUen to SviiotA Trnittee». — The Court r»'fo«»'d a mandamus to i;()rn|)i'l scliool triistues to piiy a Huin awardt'd to \w diu' to a teacher for arrears of Balnry, observin<^ that tlicro wt-re other ri'rner/Mirntio7ix. — K. was piii- jiloved in 18*8 by the trustees of school section 4, in the townsldp of Sand- wich, acting under a by-law of tho district council, to furidsh materials for and to ireot a scliool house in tiiat section. Part of the money was |»aid to him on account, and for the balance he recovered jud);ment ajiyainst the trustees. Findimr no property on whicii to levy, he applied in l85"t to tl>o municipal council, who passed a by-law imposing u rate to satisfy Ins judgment ; but this bylaw was re[)ealed before een levied, and the part not paid over to K. had been handed to the secretary-treasurer of the trustei-s, wi»o absconded, and that K. was in ponsessioii of the school house, and retained it for tho money duo him:— /A-''/, tliat the township council were not liable ; and a mandamus to tliem to pass a by-law for raising money to satisfy the claim, was refused Seinhle, also, that if Hit- applicant were entitled to recover, an action would lie against the council, iuul therefore no mandamus should go.— A't"»»e(/^ v. Munic'ipul VonncU of the 7t"i''.- shlp of Saiidwivh, « Q. li. b'i6. CII/VPTEK TV. THE LAW RELATING TO NON-RESIDENTS. 1.— A Resident of a School Section Defined. (1.) A porson who has his home, domicile, or place of business in a section or other .school division, and on which he pays taxes, is a resident ; (2) A non-ivsident who ]>ays " the averai^e school i^.ito" to the section of an actual resident (School Act, sec. 2, ol. ((>) ; (3) A]>- prentices ; and (4) boni fide settlers whose names are not yot on the asaesiiuient roll, are to be regarded as resideiits. 2. -A Non-Resident of a School Section Defined. A " non-re.sident " of a school section or division, is, s.triotly speaking, one who does not reside in it. Bnt a person (as in No. 2 above) may be a legal " resident" of a section, tmd have a rigiit to vots at its school njaetings ai\d not yet reside in it. Transient visitors, ohildreix who leave home and coinfi to remain in a section or division for a short tinje, and innvites of school age in a house of refuge (School Act, sec 208) are non-residents. Note.— .Any resident claiming to be the guardian of a non-resident or other child thit may come to live witli hin^, must satisfy the trustees, by dLicainenti.\ry or other legal proof, of the validity of his claim to be such guaordian. * 32 LAW UELATINC TO XON-UESIDENTS. [Cliap. IV. *^.» 3.— Non-Resldents Liable for Rates in their own Section. A person paying rutos in the seotioa in wliicli he resides tloes not tliurehy relieve lumsolf from tlie payment of rates in any other school suction in which he owns property and is taxed. (Scliool Act, sec, 128.) 4.— Bights of the Non-Besldent Ratepayers of a Section. A non-reaident ratepayer of a section (defined above (2) as a resident ) has a light to send his children or wards (if ho be a guardian), to the school of any section in which he pays school rates without any additional charge. {Ibid, sec. 2, cl. (U.) See section 17, cha]»ter ii.) No I'E.— 'I"he children of a non-resident " .attending a public school in .iny city, town or incorjiorated viiia;;e, sh.ill be reported as attending the public scIkjoI of the school section in which tht-y are actual residents." — (/i/f/, sec. 207, cl, (2.) 5. -Authority of Trustees in regard to Non-Residents. Trustees are required to admit the children of non-residents to their school on payment in advance of a rate bill of fifty cents per ciiild jier calendar month, (See sec. 17, ch. ii.) Should the non- residents reside nearer to the school than to the one in their own Kftction, the trustees must admit them on the paymeiit of tl e fee. in case of any dispute as to the comparative distance from the school, the inspector has power to finally decide the nuitter. {Ibid, sec. 207.) Note. — Supporters of Roman Catholic separate schools, have no right to send their children to the public school while they arc supporters of these schools. 6.— Rates on Non-Residents owning Property. (I.) Non-Residents. — Non-residents owning taxable property in the section are as liable as other ratepayers. {Ibid^ sees, 2, cl. (6), ■ and 128.) [33J CIIAIPTER V. SCHOOL SECTION AUDITORS— ACCOUNTABILITY OF TRUSTEES AND OTHERS. Wil 1.— When and by whom School Auditors are appointed. Tlie law requires the Trustees of eucli section, " on or before t!ie first day of Deoeiiiber, to appoint an auditor, jind in ciseof tlieir neglect, or the neglect of tlie ratepayem to do so, or in cise of an ai'- ditor being appointed, or elected, who refuses to act, tlien the inKp<>r- tor, at the recpiest in writing of any two ratepayers, shall make sucIj appointment." (Sch. Act, sec. 37.) 2.- Auditor's time of Meeting, and object of it. The auditors, chosen, " or one of them, shall, on, or immediately after, the tirst day of December, in each year, appoint a time befoie the day of the next ensuing annual school meeting, for examining the accounts of the school section." {Ibid. sec. 38.) They should, of course, apprise the Secretary-Treasurer of the Trustees of the day tixed for examining the accounts. 3.— The object of the School Audit, and duty of the Auditors. Is " to examine into uad decide npon the accuracy of the accounts of such section, and whether the Trustees have truly accounted for, and expended for school purposes, the moneys received by them." (Sch. Act, sec. 31), el I.) 4.— Duration of the Time of the Audit. In case of delay in completing the audit, even beyond the year of ajipointment, the law declares that " the auditors shall remain in office until their audit is completed." (Ibid. sec. 39, cl. 4, ((/).) 5.— When, and to whom, are the Auditors to Report. The auditors are I'equired to submit the school accounts of the section, with a full report thereon, to the next annual school meet- ing. (Ibid. sec. 39, cl. 1.) NoTK. — In case collusion shouH be found to exist between the auditors of a rural sciiool section and the trustees in regard to their accounts, or in case of any other alleged irregularity in the school accounts, any two ratepayers can, under the authority of the 263rd and following sections of the Public Schools Act, 1885, apply to the judge of the County Court n summon witnesses and hold an inquiry into the facts, and take evilence in regard thereto under oath. (Minister Crooks' Decision, 1879.) M ACC)U^f TAOILITV OF THC^TEES, ETC. [Chap. V. 6.— What the School Auditors have authority to do. Any School Atulitor can " require th« attendance of all, or any of tli« pinsons interested in the accounts, and of tlieir witnesses, with all such books, papers and writings as such auditor (or auditors) may direct taeni, or either of them, to prochice." The auditors may " ad- minister oiths to such persons and witnesses." Tliey have also full power ti enforce by warrant " the collection of any moneys by them awarded to be paid." {Ibid. sec. 39, ol. 4.) 7.— Obligation on Trustees and others to furnish Information. The law declai'es that " the trustees, or their secretaiy-treasurer, in their behalf, shall not refuse to furnish the auditors of any ac- counts of a rural school section, or either of them, with any papers or information in their power, and which may be required of them, re- lative to their school accounts, and any contravention of this section upon prosecution therefor [before a magistrate] by either of the audi- tors or anv ratepayer, shall be punished by fine or imprisonment." (/6i(/. sec."'267.) 8.— Obligations on Trustees and other parties to Account. Tlie School Act also declares that no secretary-treasurer * * * and no person having been such secretiiry-treasurer, and no trustee, or other jierson who may have in his possession any books, papers, chattels or moneys which came into his possession as such secretary- treasurer, trustee, or otherwise shall wrongfully withhold oi neglect, or refuse to deliver up or account for and pay over the same or any parr thereof to the person and in the manner directed by a majority of the school trustees. Upon proof of such wrongful withholding or refusal, the County Judge shall order the party complained of to deliver up, account for and pay over, the books, papers, chattels or moneys applied for, by a certain day, with reasonable costs, on pain of imprisonment by the sheriff, without bail. {/bid. sees. 262-265.) 9.— Responsibility of Trustees and others for Lost Moneys. If it can be proved at the audit, or at any other time, that "an\ ])art of the public school fund or moneys be embezzled or lost, throng! i the dishonesty or faithlessness of any trustee, secretary-treasurer, or other person to whom it has been entrusted, and proper secui-ity against the loss shall not have baen taken, the person or persons whosa duty it was to have exacted the security shall be permnalli/ renpnnsible for the sum so embezzled or lost ; and siich sums may be recovered from him or them by the pei*son entitled to receive the same, by .'Ction at law in any court having jurisdiction to the amount, or by information at the suit of the Crown." (Ibid. sec. 261 ; see Ferris v. Frwin, No. 16 Darlington, 10 C. P. R., 116, in regard to Embezzle- ment by Trustees. ) Chap, v.] ACCOUNTABILITY OF TRUSTEES, ETC. 3d 10.— Lawfulness or Expediency of Trustees' Expendlturo. The two auditors may object to the Imv/ulneifs, but not to tho fcixpodiency of any expenditure. Tlie trustees are the sole judges as to the expediency of such expenditure. It is oidy when both of the auditors object to the hiwfuhiess of an expenditure (that is, wliether the expenditure is authorized by the School Law, or conies fairly within the objects of the trust), that it is necessary to submit the matter for the decision of the school meeting, which may either determine the same, or submit it to the Minister for final decision. {Ibid. sec. 39, cl. 3.) Note. — " In case of clifTerence of opinion between the auditors on any mntter in the account, it shall be referred to and decided by the county inspector." (IbiJ, sec. 39, ci. 2.) 11.— What are Lawful School Section Expenditures ? The " expenditure " of a school may be '• for any lawful ))urpose whatsoever," and may not only include the ordinary exi)enses of the school, but also collector's fees, law costs incurred in luaintaining or defending necessary suits, postages, stationary, or any incidentals connected with the office of trustees. NoTK. — Wiiile trustees carry out the lawful decision of their constit'ients, neither tlie auditors nor any pul)!ic meetinij can limit or dejirive them ol the authority conferred upon tiiem by tlie Act, "as to keeping in repair and order tlie section school house, and its furniture and appendages." (Ibid- ^^tc. 40, cl.. (5) ; see also sections 6 and 7 of chapter iii. ) 12.— Summary in regard to Audit of School Section Accounts. The law requires trustees, or their secretary-treasurer, to lay all their accounts before the school auditors of the section, with all the vouchers, contracts, agreements, books, and verbal information, under oath, if necessary, on the subject of the receipts and expenditure, as may serve to explain the items in the accounts, {Ibid. sec. 37, cl. 2.) 13.— Summary of Duties and Powers of Rural School Trustees.* The duties wliich trustees are required to perform, as well as their discretionary powers, may be summarized as follows : — (I.) To call the annual school meeting; also a special one to fill up a vacancy in the office of ti-ustee, (2.) To call .ipecial school meetings to decide tho question of school site, (3.) To call a special school meeting for any lawful school purpose. (4.) To prosecute all illegal voters at school meetings. (5.) To make a verbal declai-ation of office, after knowledge of election as trustee, and before entering on its duties. * The provision of the law prescribiiif; the duty of trustees in regard to compulsory education, will be found in chapter viii. W 36 ACCOUNTABILITY OF TRUSTEES, t [Chap. V. (0.) To see tliat their school is furnished with a trusfceea' book, a visitors' bDok, the eutr.ince, daily class an 1 general registers, and an eluc.itional periodical, an the expanse of tlo sahool. (School Act, sec. 40, cl. 11.) (7.) To a]>poiiit at their discretion an officer to make an annual return of all the cliildren in their school section or division who do not attend any school. {Ibid. sec. 217.) * {?>.) To charge absentee pupils not more than one dollar per month for such absence, or report the case to a magistrate. (Ibid. sec. 221.) (9.) To provide suitable school accommodation for all the pujiils in their section, as defined in the regulations. (Ibid. sec. 40, cl. 2.) (10.) To employ and pay school moneys to none but legally qualified teachers and assistant.s. (Ibid.) (11.) To permit all pupils between the age of five and twenty -one years, on whose behalf school rates are paid, and who observe the rules, to attend their school. {Ibid.) (12.^ To fix a rate bill of fifty cents each, per calendar month (payable in advance), upon all of the children of non-residents who are sent to their school {Ibid. sec. 207.) (13.) To visit the school and see that it is ^n'operly conducted ; that ho unauthorized books are used ; that all the uupils are properly supplied with pi'oper text books. (Ibid, sec, 40, cL 10.) (14.) To exercise all the corporate powers vested iv them, for the fulfilment of all agi-eements, contracts, &c. ; and to maintain a school in their section during the year. (15.) To transmit their half-yearly returns and their yearly reports to the inspectoi', and also to submit their yearly report to the annual meetinir of their constituents. (16.) To affix their corporate seal to all contracts, agreements, deeds, &c., under their hand. (17.) To appoint and take proper security from the secretary- treasurer and school collector. (IS.^i To make a return to the municipal clerk of all rate bills imposed by them. (19.) To make no contract with any member of the school corpora- tion, except for school site, or as collector. (20.) To transact no school business except at a trustee meeting, of which each member of the corporation has had due notice. (21.) To appoint a school auditor before the 1st of December in each year, and lay before the auditors all necessary information. * The provision of the law prescribing the duty of trustees in regard to compulsory education will be found in chapter viii. Chap, v.] ACCOUNTABILITY OF TRUSTEES, ETC. 37 (22.) To comply with the award of the arbitrators arising between themselves and other parties, under the school law. (23.) To provide, at the expense of the section, for the cleaning of the school house and the lighting of fires, &c. (24.) To provide a well, play yard and separate conveniences for boys and gii-ls. (25.) To provide an assistant for their school, in case the number of enrolled pupils exceeds fifty. (26.) To see that the pi-escribed pi'ograinme is fully carried out. (27.) To establish a free public school library as rerpiired Vjy law, to see that it is available to the inhabitants, and that it is properly managed. (28.) To make out an estimate and .send it to the township council for the collection of the school rate. ^29.) To take possession and have sole custody of all public school pro[)erty, niovaljle property, moneys, &c. (30.) To obtain a legal title to their school premises, as pi'ovidod by law, and if a conveyance cannot be obtained to register the award of the arbitrators. (31'.) To do whatever they may judge expedient in regard to the building, fitting, itrator. It is, thoroforo, nob competent for this special meeting to adjourn, in case of a diinu'eiict' of opinion on tho subject, until they n'S[)ectively appoint an ari)itralor to select a site for thoin. (See next section, and sec. 8 of this chapter.) 4.— Failure to call a Meeting, or to appoint an Arbitrator. In case tho trustees refuse to call a special meeting for " pro- curing" or ''changing" a site, the inspector is authorized to do so ; or, if at such special meeting a dili'erenco of opini'^n should arise in regard to a sit<;, between the trustees and rat' ers, and the meeting should neglect or refuse to appoint an i 'tor, the law declares that then "it shall bo competent for the CL....ity inspector, with the arbitrator appointed, to meet and det(!rmino the matter; and the inspector, in case of such refusal and neglect, shall have a second or casting vote, provided " he and the one arbitrator appointed should not agree. (School Act, sees. 65 and 08.) i •■i B i 5.— Remedy in case an Arbitrator shovld refuse to act. " If only a majority of the arbitrators appointed " to select a site, be " present at any lawful meeting, in consequence of the neglect or the refusal of their colleague to meet them, it shall be competent for those present to make and publish an award upon tho matter or matters submitted to them, or to adjourn the meeting for avy _"3riod not exceeding ten days, and give the absent arbitrator notice of the adjournment." (Ibid. sec. 70.) 6.— Power of the Arbitrators.— Kind of Site to be chosen. The law says, that " in case of a difference as to the choice of a site," the arbitrators appointed " or a majority of them present at any lawful meeting shall have authority to make and publish an award upon the matter or matters submittetl to them." Unless, therefore, the choice of one out of two or more sites in dispute is the matter submitted to them, their choice of any site in the section is left free, and they should choose one best adapted to the wants of the section. It should be an acre in size (but cannot be less than half an acre), in a pleasant situation, and (without the consent of the owner of the site chosen) should not be within a hundred yards of his house, orchard, pleasure-ground or dwelling-houso, although it may be close up to the orchard and dwelling-house, of any other party. (Ibid. sees. 65 anu 73.) Note. — Arbitrators are "entitled to the same remuneration /^-r diem and travelling expenses for the time employed" as are county councillors ; "and the parties concerned shall pay all the expenses of the arbitration, according to the award of the arbitrators and the school inspector respectively." {/6iU. sees. 191 and 72.) !hap. VII. iffei* as to ire choofie meeting jocfc, until for tliom. trator. for " pro- to do so ; lould arise and tlie , the law- inspector, le matter ; lall have a appointed D act. lect a site, neglect or bpetent for matter or u??y _^9riod )tice of the ihosen. choice of a sent at any li an award , therefore, the matter is left free, ;he section, m acre), in • of the site io, orcliard, ilose up to id. sees. 65 er diem and s ; "and the ording to the ^iJ. sees. 191 Chap. VII.] SELECTION OF RURAL SCHOOL SITES. 47 7.— Making and Publishing a written or parol Award. When tlic arbitrators have agreed upon thoir award, they should reduce it to wiiting, sign and seal it. Tliis is " making" tlio award. \Vh<'n tlnis madi', it sliould Ije sont to the trustees for their informa- tion and that of the ratepayers. Tliis is *' pul)lishing" it. It is com- petent, liowcviu-, for the arhiti-ators to d(iclaro or ])ul»lish tlie award orally, in pnisonco of the party couc(!rned, viz., a public meeting of the trnst(!(;s and ratepayers. Should the award thus published be afterwards, l»y consent, redt.eod to writing (as above), it should be identioal in its terms with tii»! oral ili-i-Iaratiou made, that is, it .should be mei'dy a writti'ii iccur.l of it Any mat(!rial variation in the written record of the oral award would destroy its valid'ty and iinality. (^'ee Davis v. McGivern, 11 Q. B. 11. 112.) N(JTK. — All award may, with the consent, or at the request, of the parties to the reference, lie reconsidered. (Sc i ^er. 9 of this ciiaj'ter. ) 8.— Summary of General Rules in Regard to Arbitration. NoTli. — Tile f(jllowinf^ arc some of tlie yeneral ruj;;iilalions wliicli govern arlii- trations. They are inserted for the jjuidance and information of the arliitiatrirs. (l.) CoiislitiitioH of the Arhitmtion Court. — Any one who can contract cnn sub- mit matters in dispute to arbitration. liither a friend, or enemy, or a person havini; an interest in the cause, may lie chosen.* Persons unim[K'aciiabk- on the score of interest or cajiacity should, if possible, be choscii, and no arliitrator siiould act as the partisan of the persons appointing him. He sliouid divest liim- self of all prejudice. If an arbitrator acts corruptly, or with manifest partiality. or colludes with one of the parties, the award is bad. All the arbitrators should be chosen before ]iroceeding to the arbitration, except where otherwise provided (as in the case of a school site.) Xotificalion in writing to the I'crstm chosen, and acceptance by him of the otHce, are necessary to complete the appointment. Where there are an odd number of arbitrators, the majority decide all matters submitted to them, but where the number appointed is two, four, is.c., who are equally di- vided ill their opinions, any person who may be selected as umpire has the sole right to determine the jioints of difference, and make the award. The inspector is ex officio and virtually umpire in cases where he and another arbitrator only are present, as he has, in the absence of the tliird arbitrator, a second or cast- ing vole. 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 -.ii ,'xys, and notice ot another meeting .again sent to each arbitrator. At the subsequent meeting, duly notified, two arbitrators can act without their colleague, and make and ])ublish an award. (2.) Ditties of Arli/trators. — It is the duty of arbitrators to hear evidence on both sides ; one witness may be excluded while the other is being examined. They are the judges of the admissibility of evidence, and the competency of the witnesses, as well as of the law and facts of the case. If ]iarties to the arbitration and their witnesses, who are duly notified, do not attend, the arbitrators can pro- ceed ex parte, and decide according to the best evidence before them. Where evidence is received, however, it should always be taken in the presence of the * The principle laid down in the Municip.il Act .should, if possible, be .-icted upon, viz : " No member, officer or person in the employment of .iny corporation which is concerned or interested in the arbitration ^ - • shall be appointed to act as arbitrator in any case of arbi- tiation under this Act." (Sec. 398, Municipal Act of 18S3.) 48 SELECTION Of RURAL SCHOOL SITES. [Chap. VII. h A A 3 J parties t the reference, or some one attending on their behalf, or after due notice to the parties. Befoie 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 adcjit it as his own. He may, however, delegate purely ministerial acts, such as to go from one place to another, to obtain certain definite information, or esti- mate the value of some specific work performed ; but he cannot direct any person to commit a trespass. (3.) Time 0/ making a a7uard. — If no time be fixed, an award should be made and published within three months from the time of the submi^.sion. The time for making an award may, however, be ' nlarged by the parties to the submission. If time lapses, the power of the arbitrators is gone until it is enlarged. (4.) Making and publishing an award. — If the award be in writing, (as, under the Municipal Act of 1883 (Sec. 405), it must be,) it should be signed in the presence of an attesting v/itness. Where there are two or more arbitrators, all (or the ma- jority, if all be not present) must execute the award at the same time and place, and in the presence of each other, and an opportunity should be given to the min- ority, (if disposed) to join or not in the award. An award, however, may be made and published orally. An award is made when the arbitrators have signed it. When so signed by the arbitrators and witnessed, their power is gone, and no single arbitrator can remedy a mistake or correct a blunder. It must be done by the signers, and with the consent of the parties to the reference. An award is published when it is sent to either or both of the parties 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 expenses on it are payable. Any kind of words may be used in an award ; but they should be definite, conclusive and final on all points submitted. Arbitrators are not required to give reasons for their award, nor are they answerable for want of skill in performing their duties ; but an arbi- trator may be called as a witness to prove facts which occurred or came under his notice during the reference. (5.) yudgment and Experience. — In Martin v. Kergan (2 Prac. R. 370), it was held that the parties to an arbitration " have a right to the arguments, experience and judgment of each arbitrator, at every stage of tht proceedings. " (6.) Costs of Arbitration. — Where the costs of the arbitration are at the discre* tion of the arbitrators, and the award says nothing about them, each party pays his own costs of reference, and the costs of the award are to be bore equally. (Glen V. Grand Trunk Railway, 2 Prac R. 377.) Under the School Law the costs may be fixed at the discretion of the arbitrators. The award need not be given up until the amount of costs thus avoided be paid. (7.) When an award 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 are irregular, as from want of notice of meetings, improper conduct of arbitrators in receiving evidence. (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. (8.) Arbitration, be fort award made, may be superseded by natural concurrence. — Chief Justice Robinson thus laid down the law on this subject : — As a general rule, we take it that where two parties have a difference upon any matter of business, and refer it to arbitration, they may afterwards agree upon the matter on which they had diff,;red, and so may render it unnecessary that any award should be made. By the common law either party might, before the award made, revoke the submission. There have been restrictions lately placed by statute upon this right of one party to revoke without the concurrence of the other, but it woulil 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 arbi- trator's proceeding. — Chief fustice Robinson, in re Vattcc v. King et al. No. i, Hall. (5) Fraud e acted upon. ottcurrence. — 1 general rule, r of business, ;ter on which rd should be made, revoke ute upon this It it would be nay not come for the arbi- et al, Mo. /, (9.) An award in regard to the selection of a school site may be reconsidered. (See the next section of this chapter.) 9.— Power of School Meetings in regard to Awards. Even aftei' an arbitrator or arbitrators liave been appointed to select a site, it is competent foi a majority of the trustees and of a public school meeting called for that purpose to agree upon the choice of a site before an award is made. Such an agreement revokes the submission of the matter to arbitrators, who should at once be notified of the fact, so that no award may be made. The school law pro- vides an easy way of meeting the difficulty, should an award be made which is not satisfactory. It provides that " with the consent, or at the request of the parties to the reference, the arbitrators, or a majority of them, shall have authority, within three months from the date of their award, to reconsider such award, and make and publish a second award, which award (or the previous one, if not reconsidered by the arbitrators) shall be binding upon all parties concerned, for at least one year from the date thereof." (School Act, sec. 06.) 10.— Power of the Trustees to Enlarge a School Site. Where no desire is felt by the trustees or ratepayers to change the site of a section, the trustees have full power to enlarge it at their discretion to an acre or more in extent, and to erect a new school house on it, or to repair or enlarge the old one, without consulting their constituents. {Ibid. sec. 74 ; see sees. 2 and 13 of this chapter.) 11.— Sale or Exchange of the old School Site. Trustees are re(|uired " to dispose by sale or otherwise, of any school site or school property not required by them, in consequence of a change of school site, or other cause, and to convey the same under their corporate seal, and to apply the })roceeds thereof for their lawful school purposes." (School Act, sec. 40, cl. 9.) N'OTE. — This case differs materially from one in which a change of boundaries necessitates a change of site. Under such circumstances the law declares that, "In case a school site or school house or other school properly iie no longer required* in a section, in consequence of the alteration or the union of school sec- tions, the same shall be disposed of by sale or otherwise, in such manner as a majority of the assessed freeholders and householders in the altered or united school sections may decide at a public meeting called for ihat purpose." "The inhabitants transferred from one school section to another shall be entitled, for the public school purposes of the section to which they are attached, to such a proportion of the proceeds of the sale of such school house or other public school property, [after, of course, paying the debts of the section,] as the assessed value of their property bears to that of the other inhabitants of the school section from which they have been so separated ; and the residue of such proceeds shall be applied to the erection of r new school house in the old school section, or to other public school purposes of such old school section. In the case of united sections, * A full explanation of the phraie " no longer requirsd" here u*cd, will be found in Fftrt . W thekt Liccturei, chap. uL, tec t>. SELECTION OP RURAL SCHOOL SITES. [Chap. VII. the f-foceeds of the sale shall be applied to the like public school purposes of such united sections." {Jdt'd. sec, S4.) 12.— Owner of Land must Sell School Sites selected. If the owner of a newly selected school sito, or of land adjoining an old site (which the trustees have decided to enlarge), should refuse to sell it, or should ask an unreasonable price for it, the law requires the trustees and owners each to appoint an arbitrator to appraise the damages, to the owner, of such compulsory sale. Upon the tender of payment of these damages to the owner of the land by the trustees, they can take possession of the land for school purposes, and proceed to erect a school house on it, or to enclose it. (Ibid. sees. 68 and 69.) Note. — The School Act defines an owner to "include a mortgagee, lessee or tenant, or other person entitled to a limited interest, and whose claims may be dealt with by arbitration as herein provided." (Sec. 2, cl. 5.) •I li if -a 13.— Privileges of the Owner only relate to a New Site. On the selection of a person's land for a new school site (with or without iiis knowledge), within one hundred yards of his garden, orchard, pleasure-ground, or dwelling-house, the owner may either consent to the sale of the new site at a reasonable rate, or he may refuse to sell it, at his pleasure ; but he cannot be conipelled to sell it. In regard to the enlargement of the old school site, however, the law gives the owner of the chosen land only a restricted privilege, should the trustees offer to buy it. But they can compel a sale when the pro- posed enlargement is not ' made in the direction of the orchard, gar- den, or dwelling-house," provided that it can.iot be otherwise enlarged. Without the consent of the owner no part of the garden or grounds attached to the house can be taken. In case of refusal to sell it (within these re:;*^^rictions), the law requires the trustees and owner, each, to appoint an arbitrator to appraise the damages, and upon tender by the trustees of the amount of damages awarded, the trustees can take possession and use the land for the purposes of their trust. {Ibid. sees. 73 and 74.) Note. — The provisions of the law on the compulsory sale of school sites are twofold, although they huve been freruently confounded together. Sections of the 67th section refer first to "land selccttd for a new school site," and section 74 to the selection of land for f;iilarging existing school premises. In these two cases, the trustees can deniand an arl)itration siiould the owner of the selected or enlarged site refuse to sell, or ask too large a piice for the land. In the first class of cases, (i.e., tlie selection of a )/t':o site,) the owner can lawfully refuse to sell, or to submit to arbitration, when the site selected is within 100 yards of /it's "orchard, garden, plerisure-ground or dwelling-house;" but where the trustees merely wish to enlarge their existing school premises, the owner ha. only a restrictetl right, (as exjilained above,) which shall not "be held to restrict trustees in the enlarger:ient of a school site existing to the required dimensions." (.Sec. 74.) The provision of the law does not in any case apply to other persons whose house, orchard, &c., may happen to be within 100 yards of the propose' site, and who are not in any way concerned in the sale of land for the enlarged site. (S. 73. } Chap. VII.] SELECTION OF RURAL SCHOOL SITES. 61 14.— Township Council;^ may Purchase School Sites. The Municipal Institutions Act autborizes township councils to pass by-laws " for obtaining such real property as may be required for the erection of public school houses tliereon, and for other public school purposes, and for the disposal thereof when no longer required," etc. (Sec. 490, cl. 7, of the Act of 1883.) 15.— Decisions of the Courts in regard to School Sites. (I.) In scLrthi^ a Siie, Trustees cannot act ivUliout consulting their constituents. — The Court of Queen's Bench has decided that the trustees cannot, without refer- ence to the [asses'^ed] freeholders and lionseholders of the section, determine upon a site for the school house, and impose a rate to meet the expense of its purchase. — Orr\. J\aitnty et al, No. /j, Weslininsicr, I2 Q. B. 1\. 377. (2.) Arbllration before award made may be superseded by mutual concurrence. — Chief Justice Robinson thus laid down the law on this subject : — As a general rule, we take it that where two parlies have a difference upon any matter of business, and refer it to arbilratioii, they may afterwards agree upon the matter on which they had differed, and so may render it unnecessary that any award should be made. By ;he common law either party might, before the award made, revoke the submiosion. There have been restrictions lately placed by statute upon tliis right of one pnrty to revoke williout the concurrence of the other, but it would be most unreasonable and iiiconveni'-nt 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 y. King et al. No. i, Halknvell. 22 Q. B. K. 187. (3. ) Fir.il a) bitralioii in re; aid to a School Site cannot be set aside by a subsajucnt Special Afc:. ':;.";■. — 'I'lie Court of Common I'le.is has decided the following case : When a nicc'ing wa^ held tu change the sile of a school house, and arbitrators appoint'fl. who met and di'cidcd '.lie fpic^tion, but their ih-cision was not acted upon ; sul)-i.([uciu!y an-,)'lier nieeling was called, and their decision and proceedings were acted upon and ihe site cliajiged. I/r/,/, that the proceedings were inegular, and that ihe tiiislce« iiad no auliiorily to change the site of the school house witliout the -.mciioa of a special nueling of the [assessed] freeholders and house- holders, and (hat the second mee'iiig liacl no authority to alter the determinations previously made. — VViUiams v. 'I ruslccs, No, S, riympton. 7 C, P. R. 559. (4. ) Rch!. rill — .Irbi'iation in regard to School Site --Bianhs filed in after execu- tion — A'lVaid rendered invalid thocbv. — I he Court of ('onimon Pleas decided the following C.I e : /I'.'/Vv'.'//.'' — Two dePiodan's avowed [/.."., mjinlaincd and jii>iified the act done by tliem| ; the ihinl plcidtd Mie lonvening of a special meeting of freehok'iM-; oiul householdrrs of a cer:ain school section to procure a school site, when it w.i- ngre d to pioeure a cerlaiii piece of gruund and erect a school house tluieon, wiii li w.t^ done. 'I'li.it plainiit'l' was a resilient fieeliolilcr when the meeting \\\\\ held ^v^\ wlien his goods were seized, and was a-;s(sscd $So for building said school, iVc. The plainiilf pleaded that the meeting above set forth was null anil void, bcc.ui-e before the said meeting another had been convened accoriling o law, when a difierence of opinion existed between a majority of the freehold'i^ imd iiou--( holdeis as lo choo-iiig a school site, and arbitrat.ns were appointed, who decidr ! upon a cmlain site, which decision remains in force, and the defend.ini ■■ in eonliav. mion iheieof wroiii,ri|ily pui'cliascvl tin- site meniiniied in their plea, nnd wrongfullv disiriiniel, &c. Upon ik nuirrer, Ifild, that the second meeting pleaded by the defendant was a violuiion of the provisions of the statute, ' t\'r/it \;'ii: !lie ii.ime of ;ni ai.iioii for the rceovcrv of ^oods and ch;illels. K e/iltmy: io rt-dclivui iiojii . v\lilch li.ive liceii di .Iraiiied, lo the ori;^liial possessor of ilicm, on his giving pledges in all acliuu uf leplevin. 52 SELECTION OF RURAL SCHOOL SITES. . [Chap. VII. If ih if 3 i: i and that the plaintiff was entitled to judgment. The arbitrators to whom a refer- ence in this cause was made under the School Act, executed an award, the descrip- tion 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. //M, that the award was insufficient, //e/d, .ilso, that school trustees who executed a warrant as such trustees under the seal of the trustee corporation, were not personally responsible. — Rylandv. King el al. No. /, Hallouv'J. [See decision of the Queen's Bench below, in effect reversing this case.] 12 C. P. R. 198. For definition of the word '^replevin" see* below. (5.) A similar case decided by the. Court of Queen's Bench. — Replevin against two school trustees and one King, a bailiff, for a horse. Defendants pleaded, i, That they did not take ; and 2, an avowry, setting out in substance that on the 30ih of October, 1858, a special meeting of the freeholders and householders .f the section had been duly called to procure a school site and erect a school house thereon, at which it was agreed to procure a certain site named : that this was procured and the school house built : that the plaintiff was duly assessed for a sum specified : that the trustees by their warrant commanded King to collect it ; and that after demand and default made he seized the horse. The plaintiff pleaded to the avowry, 1st, de injurid ; and, 2nd, as to the justification by the trustees, that the meeting was void, because before it took place a special meeting of the freeholders was duly held to procure a school site, at which a majority of the trustees differed from a majority of those present with regard to the site, in consequence of which the freeholders and householders, the trustees and local superintendent, each appointed an arbitrator to decide the question ; that the arbitrators determined upon a site specified, different from that mentioned in the avowry, which award remained in force ; and that the trustees, contrary to this decision, wrongfully purchased the site mentioned in the avowry. The defendants replied that there was no such award. As to this issue taken upon the first plea of the defendants, it appeared that the horse was seized by King under a warrant signed by two trustees, commencing: "We, the undersigned trustees of school section," &c., and sealed with the corporate seal. Held, that the trustees were liable personally, not in their corporate capacities only. With regard to the second and third issues, raised by the plea of de injurid to the avowry, and repli- cation denying the award, the evidence showed that in 1857 the inhabitants were divided as to the choice of a school site, and an award was made but not acted upon : that in 1858 the same difference existed, and one of the trustees also differed from his co-trustees ; that in March the two trustees, defendants, obtained a conveyance of half an acre, part of lot 15, and in May a meeting was held at which arbitrators were named and an award mad ; but the inhabitants being still dissatisfied, another meeting was held in July, when the arbitrators mentioned in the plea to the avowry were chosen. In the meantime the building was com- menced upon the land conveyed. On the 4th of September an award was drawn up [in which a blank w.is left for a description of the site]. On the 30th of Octo- ber, 1858, a meeting w.is hekl, having been regularly called by the two trustees, to settle the question finally, and a resolution passed adopting [as the site] the land conveyed. In April, 1859, the two trustees, defendants, met, the third being absent from the country, and resolved upon the rate, which was inserted by the clerk in the roll, and the warrant was issued to King, who seized the plaintiff's horse. The plainttff, after that, set about getting the award of September, 1858, whicli was afterwards filled up by two of the arbitrators, who stated that it had been left blank because they did not know the precise description of London's land. Helil, that upon the second issue raised by plaintiff, defendantswere entitleil to succeed, for the evidence sustained the avowry. And that uponthe third issue raised by the plaintiff they were also entitled to the verdict, for there " Replevin : the name of an action for the recovery of goods and chattels. Replevy : to rt-Ueliver goods which have been distraiaed, to the original possessor of them, on his giTing pledges io an action of replevin. , VII. n a refer- e descrip- hich was ward was as such iponsible. 's Bench 311 of the Chap. VII.] SELECTION OF RURAL SCHOOL SITES. 53 was in fact no award ma le, and even as it was altered after execution the descrip- tion wastoouiiceriain. Kylaiid v. Tlie same defenilmts, in the Coiiit of Common Pleas, commented upon. [See aliove.] lli'ld, that under the circumstances ]MiJvcd, the referencj did not mai)i-l every exse of delincjueiicy to the mi;^istrate, they become personally respoa- sihie for the amount of tlie rate bill or of the fine which may he lost to the section or division in consequence of nuch neglect on their part. Hesides, they are re- sjwnsible for the loss of the apportionmeat which would have been made on the average attendauce of the absentees. PUBLIC SCHOOL TEACHERS. 1.— Who are qualified Public School Teachers, A duly qualirtod public school teacher is one who, at the time d eiigaginjj: with tlie trustees, and durinsf the i>eriod of .such eugage- nieiit, holds " a legal certificate of qualification." (Sch. Act, sec- J53.) Noi'E. — One of the Superior Courts has decided tbit tiiwtees cannot legally apply a rate to the payment of a teacher who does not possess the necessary cjua.i- lications as such, under the school laws. (See clause 4, sec. 1 1 of this chap., p. 6j. ) 2.— Who cannot hx)ld the office of Public School Teaclier, No high or public school trustee, and no inspector, can lawfully hold the ofiice of, or act a.s, a [jublic sciiool teacher, and vice wf^a. (Sch. Act, sec. 21o.) 3.— Agsistant Teachers in a Public School. Whenever the number of pupils enrolled in a public school ex- ceeds Ji/ti/ there should be a teacher and an as.s^istant, and, at the oj)- tiou of the trustees, a monitor, A monitor cannot take the place of an " assistant teacher," or Ixj j)i\t in charge of a division of the schooi. He can only aid the master or assistant in the classes. (See liegulations.) 4.— Agreements between Trustees and Teachers. " All agreements between trustees and teachers, to be valid anti binding, shall be in writing, signed by the parties thereto, and sealed with the corporate seal of the trustees," and " n>ay lawfully include any stipulation to ])rovide the teacher with board and lodging." (Sch. Act, sec. 152.) Payment may also be made quarterly or monthly. NoTK. — .VU agre^ements l>et\reen trustees and a teachei*, to be valid, must be authorized at a rejjular or special meeting of the trustees, and must be signed by lap. IX. (liily IV- y respDu- le section y are re- ail t he- time oi engage- Act, sec- K>t legally wary qua.i- ip., p. 6j.) ;lier, lawfully ?l>ool ex- ,t the oj)- i place of le schooi. s. (See '^alirl and 111 stuiled r iucliule o.lging." •tei'ly or 1, must be signed by Chap. IX.] PUnLIC SCHOOL TEACHERS. 57 at least two of the tni=!tee.s and the teacher ; they must also have the corporate seal of the section attached to them (as above), otherwise the trustees may be made p-'rumwllji f-pxpovx'ihle for the fulfilment of such a.L;reements, and can ho sued on them individually by the teacher. It should also be entered in the trustees' book, and a copy of it given to the teacher.* Tiie trustees being a corporation, their agr^^ement with their teacher is binding on their successors in office, if made ill accordance with the foregoing section ; and should they refuse or wilfully neglect to exercise the corporate iiowers vested in them to give it effect, they would be personally liable for the amount due a teacher. 'I'he mode of settling disputes between trustees and a teacher is by suit in the Division Court. iSchool Act, sees, 156 and 157.) No rK. — Soe " Decisions of the Courts relating to Trustees and Teachers," section ii of this chapter, page 63. 5.— General powers of the Master of a Public School. In every school in which there ai'o two or more teachers employed tlierein, the trustees shall determino who shall be considorod as the master of the school. Note. — The head teacher employed in any public school in which there is more than one teacher, shall be designated and known as the )Ka.*le and litigation. He is merely an officer or agent of the trustees, and possesses no powers, except those conferred upon him by statute, Deiiartniental regulations, or by the trustees tiiemselves. All rules, therelore, which he enforces should have the sanction of law, regulation, or the authority of t!ie trustees. (1.) Sea that the Rules are observed. — He shall see that the general rules and regulations, and any special rules (not inconsistent with them) which may be approved by the trustees for their resjiective schools, are duly and faithfully carried out, subject to appeal, in case of dissatisfaction, to the -inspector. NoTK. — The master is recpiired to read, or cause to be read, in his school, at least once in each quarter, (or otherwise inform the pupils of,) so much of the regulations as shall be necessary to give them a proper understanding of the rules by which they are governed. (2.) Prescribe Duties of Teachers. — He shall prescribe (with th(? assent of the trustees) the duties ot the several teachers in his school, but lie shall be responsible for the control and management of the classes under their charge. * Korm^ of agreement between trustees and teacher, can be oh^"ined from Messrs. Copp, Clark Jt Co., Frout Street, 1 oronto, or any bookseller, free by post, for 5 cents. r)8 PUBLIC SCHOOL TEACHERS. [Chap. IX. ; \m -4 n (3.) Religioua Exercises — Ten CovimamlmetUn. — He shall see than tlio reijnlixtious in regard to Openinf/ and Closing Exercisex of tJif> Diijl are observed, and that the Te'i Cornnmndments are duly taught to all the pupils, and repeated by them once a week. 6.— Discipline in the School— Authority over Pupils. It shall also be the duty of each master and teacher of a public •si-hnol, to observe the following regulations : — (1.) General Principles of Goveiiiment. — Masters and teachers are to evince a legard for the improvement and gcnorul welfare of their ])Ui)ils; treat them with kindnes.s, comlniied with tinnness, and aim at governing them by their afl'ections and reason, rather than by har.shness and severity. Teachers shall also, as far as practicable, e'xei'cise a general care over their j)iipils in and out of school, and shall not confine their instructions and superintendence to the usual SL'hool duties, but shall, as far as possible, extend the same to the mental and moral training of such pui)ils, to theii- personal dopoit- ment, to the practice of correct habits and good manners among rheiii, and should omit no opportunity of inculcating the principles of Truth iind HoN'KSTY, the duty of respect to superiors, and obedience to all persons placed in authority over them. (2.) Discipline. — Each master and teacher shall ])ractice such discipline in his school class or department, as would be exercised by a kind, firm and judicious parent in his family. It is strictly enjoined upon all teachers in the schools to avoid the appearance of indiscreet haste in the discipline of their pupils ; and in any dilKcult cases which may occur, to aj)ply to the master, [if an assistant,] ins|iector, or to the trustees, (as the case may be,) for advice and direction. Note. — Tl-e following are modes to be adopted or avoided : (i.) Proper. — Reproof, kindly but firmly given, either in private or before the school, as circumstances require it, or such severe punishment as the case really warrants, administered as directed in the above regulation. (2.) Improper. — Contemptuous language, reproof administered in passion, per- sonal indignity or torture, and violation of the laws of health. (.3.) State of feeling amomj Pupils. — Masters and teachers shall cultivate kindly and affectionate feelings among the pupils ; dis- countenance quai'relling, cruelty to animals, and every apj)roach to vice. (i.) Power to suspend Pupils. — The master shall suspend (subject to an a])i)eal by the parent or guardian to the trustees) any pupil for any of the following reasons : — (a) Truancy persisted in. (b) Violent opposition to authority. (c) Repetition of any offence after notice. ip. IX. Chap. IX.] PUBLIC SCHOOL TEACHERS. 59 (d) H;ibitual and deternunecl neglect of duty. (e) The nso of i)rofane, or otlier improper language. {/) General bad conduct, and bad exani[)le, to the injury of the Hchool. (ff) Cutting, marring, destroying, defacing or injuring any of the jiuldic scliool pro[)erty, such as buildings, furniture, seats, fences, trees, shrubbery, ikc, or writing any obscene or improper words on the fences, walls, privies, or any part of the premises. Any master suspending a p\ipil for any of the causes abovti named, shall, imme- diately after auch sus[)ension, give notice thereof, in writing, to the jiarent or guardian of such pupil, and to the trustees, in which notice shall be stated the reason for such suspension ; but no pupil shall be expelled without the authority of the trustees. (5.) Expuhhn of Pupils. — When the exam[>le of any pupil is very hurtful to the school, and in all cases where reformation appears hopeless, it shall be the duty of the master, with the approbation of the trustees, to expel such pupil from the school. But any pupil under public censure, who shall express to the master his regret for such a course of conduct, as openly and explicitly as the case may reipiire, shall, with the approbation of the trustees and master, be re- admitted to the scliool. Note. — The School Law declares that "any x>\.\\>\\ who shall 1)e adjudjjed so refractory l)y the trustees (or a majority of them) and the teacher, that his presence in school is deemed injurious to the other pupils, may be dismissed from such school, and where jiracticable, removed to an Industrial school." (Sec. 40, cl.[8].) Note. — The master, under clause (2) of section 5 of this chapter, may author- ize the assistant to suspend or otherwise deal with pupils in his class, as provided in clause (4) of this section. 7.— Duties of Masters and Teachers in regard to Teaching. The law requires each master or teachei- of a public school : (I.) ^'' To Teach Dillf/eutl/j and faithfully all the branches required to be taught in the school, according to the ternjs of his engagement with the trustees, and according to the provisions of the School Act, and the i-egulations of the Education Department. ^Scli. Act, sec. 1.54, [1].) (2.) Glassifji Pupils. — He .shall classify the children according to the books used ; study those books himself, and teach according to the improved method recommended in their prefaces. The division of the pupils into classes, as prescribed by the programme, shall be strictly observed ; and no teacher shall be allowed to take his or her class beyonel the limits fixed for the classes taught by such teachers, without the consent of the master (if an assistant) or inspector, ex- cept for occasional i-eviews ; but individual pupils, on being qualified, may, with the consent of the master, be advanced from a lower to the liigher class. *.ij sM i <■ it ? > t * CO PUBLIC SCHOOL TEACHERS. [Chap. TX. ff i^.l (.*?.) Con>>t(nit emplojfniant tu Pupils. — He shall ja[ive thf» children jiiiilcr ]ii>s c'liaigd coiistiiiit ♦•iiiiiloyiiK'iit in the stiulicH iire.sci'ilu'd iu tlic atitliorizcd pi'o^fvaimni.' ; iuil cndcartiur Ijy judujioiKs iiiul divei'si- licd inodos to I'cndfi* tlif excrcisus of the school plcasiiiit as w«dl as |ir')(itid)l('. Tn giving out llie lessons for tlio nt^xt ilay, difHcult jmrts shoidd Itu oxpliiiued, ami where neccsviry, tho best niudo of studying tliciii should he pointed out to the pupils. Note. — The object of the school protiiiimnic istW(j-fold — to provide work, (l), for tlic master or ti-nchi-r, and (2), for the puiiils wliile lie is ei\L,'a^;ed. No ninster is rci|uired lo lup.ch more than ;;7^ hoiu> per week ; but while he is teachinji one class one siii)jcct, the other cla^1cs bhuuld be engaged in studying the other sub- jects, aceurtling to the proj^ramme. (l.) Time 'J'iil)le. — Each master shall keep, in some conspie\iou8 j>laco in tho school-room, a tinu;-tal>lt', showing the order of exercises for each da} in tlu; week, and the time for each exercise, as prcijcribed iu the progruuinie of studies fur puhlio schools. (o.) lleijlsh'Ts — Prir:es. — The pu])ils' names shonhl be carefully eii- tcrcd in the geiu'ial, entrance, and daily class and other registers. ^Should pii/,('S l>e given merit alone should determine who are entitled to receive them. (Hee School Act, sec. 154, cl. [2].) (G.) Ter7)i Examination — Each class in every school shall bo open for public exaiiiination and ins])cction during the last week of every term ; and th(! master or teacher shall call upon every jnipil in the school, unless excused, to review or recite in tho coiu'so of such exam- ination. (Ibid, cl. [S].) Note. — See clause (i) of section 13 of this chapter. (7.) In Scliuol at S^ n..m., d-c. — All teai-1 spective schools, and ojien their rooms for tifteen minutes in tlu; morninc; and tivo m ,11 be in their re- ■.>n of pu])ils t least .isi- hAI as It parts |iitlyiiig and t<'iii|)(Mut,Mrf", a.s \vcll as to (lin clcaiiliiK'ss of tlic scliool liotis(» ; li»' sliall also i>r(!scril)(f siicli nilcs tor tlm use of tlio yard ami oiitlmild- iiij,'.s c'oiiH('(!Uid with tiio sdiool lioii-so as will iiisiiro tlioir bcinif kept in 11 iioat and propc!!- condition ; and lio shall be htdd rt!Sponsil)U' for any want of ch^anlincss ul)out tho pn-niiscvs. (.''».) Scliotd iijicn /or /'itpils. — (y,\n> must Im^ falcon to have tlu^ Sfhool-honso ready for tlu; recoption of pupils .at h'wut Jl/trcn miuiitcn lu'foro tho timo prcscriljod for opt-nin;^ the school, in onU-r to all'oril shrltci to those who may ai'rivo Ixdbro th(5 appointcil hour. (Sco clan.so (7^, sootion 7 of this diajitor.) (4.) (ynt-Premhos. — Tho master or tcaihor sliall see that the yaids, .sheds, privies, and other out l)uildiiiifs are kept in ordei', nnd that the school house and huildimjs a;e locked at all proper times ; and that all depcsits of sweepings from rooms or yards are removed from the ])remises. (;').) Fires nnd Swef.plng. — He shall oni))loy, at a conijiensation fo \w lixed hy the trusli'es, .i suitalile person to make Jires, to sweep tlu- rooms and halls daily, and dust tiie windows, walls, seats, desks, and other furniture in tho same ; i)iit no master, assistant tea(;lier, or jMipil shall be. reipiinnl to p(!rforni such duty, unless voluntarily, and with suitable compensation. 9. -Duties of Teachers in reg^.rd to Library, Reports, &c. (1.) Act iiH Lihrnrian. — Each master or teacher shall act as lil)rarian of the school, and take* char^'e of the books ; .also make, keep, and preserve a catalo^'uo of tho SJiiiie ; delivei', charife, i-eceive, and credit the volumes ijivcm out, and keep ii veqister of the same ; nund>er, label, and eataloguf^ the l>ooks;and make retui'ns of the library, its books, &o , as ie(piired by the libj>;iry regulations. (2.) 77/6 f/thrdrif. — He shall keep the libi'ary o]ien for the disti'i- bvition and return of Iwwks to tho scholars and r.-itepayeix of the .school division, on Friday afternoon of each week ; but this duty shall not be pevmittod to into'fere with the regidar exercises of the school. (.'?.) General lieonse of the trustees), in which shall be entered tho 62 PUBLIC SCHOOL TEACHERS. [Chap. IX. namps and daily attendance of pupils, their proficiency in various studies, and otlier information. Note. — See clause 5 of section 7 and (3), of section 13 01 this chapter, (5.) Rttiirns. — The master [or teacherj shall make such returns, and at such times, as may be required by the [master] inspector, oi' trustees, relating to his class, school, or department. (G.) litiports. — He shall make the necessary term special, or annual re[)orts to, and with, the trustees, to the inspector at such tinies and in such manner as may be required. [See School Act, sec. 154, cl.(10).l Note. — See section 21 of chapter ii. (page 23), and clause (4) of sec'.ioa 12 of this chapter, page 66. 10 —Regulations in regard to Sickness, Visiting Schools, Visitors, Presents, Teachers' Meetings, &c. (1.) AhsPMce and Slchiess — No master or teaciior shall be absent from the school in which he or she may be employed, without ])er- uiission of the trustees or inspector, except in ease of sickness, in which case tlie absence of such teacher shall be immediately reported to the trustees ; and no deduction froni iiie salary of a teacher shiill be made on account of sickness, (not exceeding at the rate of four weeks for the whole year,) as certified by a medical man. (School Act, sec. 158.) Note. — See latter part of section 15, of this chapter. (2.) Visiting Schools. -r-T\\G inspector may permit a public school master, or teacher, to be absent two of the ordinary tcacliing days in each half year, for the piii'pose of visiting and ob.serving the methods of class, fication, teaching, and disci{)line practised in other Hcliools than that in which he or she teaeiies. Note. — This visit, with the name of the school or schools visited, is to he duly .cpiirted l)y such master or teacher to the inspector. Kach puhlic school master and teacher must ijive at least three days' notice of each visit to the trustees. In order that no loss of apportionment may accrue to any school in conseipience of the master's absence under this regulation, a proportionate amount of average attendance will be credited to the school for the time so employed by the teacher; but under no circumstances can lost time be lawfully made up by teaclung on any of the prescribed vacations, holidays, or half holidays, nor will such time be allowed by the Department, or l)e reckoned by the insjiector ; but such iiermi^sion shall not be given by the insiiector if the absence of the teaclier will, m his judgment, be injurious to the intere>its of the schocd ; nor shall ibis ]iermission be granted to any master or teacher who fails to report, or who has employed the time hert-tofore given to him otherwise than in visiting schools, as authorized by this regulntion. (.3.) Visitors Look. — The master (or teacher) .shall keep the visitors l)ook (which is required by law to be furnisluHl by the trustees 1, in which shall be entered the dates of visits and names of visitoi-s, with such remarks as they tnay choose to make. The book is to be handed to the visitors for this purpose. [See School Act, sec. 154, cl. (4).] fp. IX. arious [otunis, 3toi', or Chap. IX.] PUBLIC SCHOOL TKACHEflS. 63 (4.) Visitors. — Each master or trustee shall receive courteously the visitors appointed by low, and afford them every fiicility for inspect- ing the books used, and examine into the state of the school: he shall keep the visitors' book accessible, that the visitors may, it they choose, enter remarks in it. The frequency of visits to the s\.'h()ol by intelligent persons, animates the puj ils, and greatly eiicourages the faithful teacher. Note. — See clause (2) of section 12 of this ci'cr (■'1.) Subscriptions, Collections, Presents, dc. — No collection shall be taken up, or subscriptions solicited for any juirpose, or notice of shows or exhibitions given in any public school, without the consent ot the trustees. NoPK. — No master or teacher sliall act as a^ent for .any bookseller or other per- son, to sell, or in any way jn'omote the sale, for such bookseller or i)erson, of any school library, prize or task book, map, chart, school apparatus, furniture, or sta- tionery ; nor receive compensation or equivalent for such sale, or for the jiromo- tion of such sale, iu any way whatsoever ; nor receive presents (unless presented to ?hem on leaving; the school), norawanl, without the permission of the trustees, medals or other prizes of their own to the pupils undt^r their charge. (School Act, sec. 267.) (G. ) Ti'dchors^ McetiiKjs. — /VU masters an(^ teachers in cities, towns and villages, shall regularly atteiul the teachers' nteetings, at such times, and under such regulations, as the inspector shall direct, and by study, recitation , and general exercises, strive to systematize and perfect the modes of discipline and teaching in the public schools. 11. -Decisions of the High Court of Justice in regard to Teachers. (i.) SiitnuKj (til tiifrci'iiU'iit ir/lJi jioint- miut. — 'l"h( Court of (>ueen's Bench has decided that an inspector siijiiini^, to- gether wilh trustee, a contract with a teacher, will be considered iis having sii^ncd the same only as a))proving of th<; appointment, and n^t as contraciinj; w iili the teacher. — Vaiiiphtll v. EUlutt el al, Counti/ Model School, JU cddlinex. 3 (J. B. R. 167. (2,) Trmte^a (Kjri'chiij to furninh a I'curher with Fuel mud fi(^ npfiJicd to for (7.— The Court of (Queen's Hench has decided that when a teacher charged -the trustees upon a special agreement stated to have been made by them, to furnish the said teacher with fuel when .eipdred, they could not be chargeti with a breach of covenant, as a rer(uest, with time and place, had not l>een staled in t'./e teacher's declaration. — Am/ernon v. Vmts-ittart ct al. 5 Q. B. K. 335. (jutore by the Court, whether such an at;reement could be enforced ? (3.^ Tnidt'c ctDinut he nind for Mamij due. — The Court of Queen's Bench has decided that trustees '-efusitig to give an order to a teacher for the soh(j.)l fund, according to their agreement with him, camiot be sued for money due, but f(jr the refus.al to give theoixler. (Jiuii v. Trmttcn, 4, tSi'i/iuuur. 7 Q. B. K. 13CX (4.). No rate mii he imposed for the pai/ineiit of an Unipml'ifuHl Teacher. — The Court of Queen's Bench has decided that no rate can legally be im|iosed by trus- tees for the salary of an unciualified teacher. Chiii' Superintendent of Edt^cation^ appellant, in re Stark v. Munlat^ue et al. 14 Q. B. R. 473. (5. ) Trutiti-e ami Teacher are not Mauler ami Servant. — The Court of Queen's 13ench has decided that the .Master and tievvaut Act (10 and 11 Vic, c. 23,) does CA PUBLIC SCIlOOIi TRACHF.RS. [Clmp. IX. not apply to sclinol tru<5tops ami scliool teachers, Wlicrp a soliool trn-itci^ there- iuvc. hiiH been convicieil uikIm- it as a inn-.ter, llie e'lin ' licm was (]ii.i-~lieil. — /// ,••(' LiiHiciicc Ju'k'c, No. — , I'itisltiii-(/, cuurtrii.d In) UuIk rl Am/lin, J. P. 19*^. IJ. K. 197. (6.) Rppresfnlndon n.-i fo tli<' rhcrartm- of n Tiic-Ji/r hi/ n nal'^piiii'r i-o a Pri- r'lh-iiid Cii. — The Comt of (^Uieen's llciich Ikis deiiilcil tli.il a re- prjseiUatiim by the assessed iiihabuaiits of a sehudl scciioii as to ihe charaeier of a leaoher, made with a view of ublai'iinLj redress, is a |}iivilt;^cd coinnuiiiieaiion, vvliieii it is of iiniiijrtanee to the public 10 ]irotect ; and sueh a sMienient wuuUl not be the less privilet^ed if made i)y mistake to liie wion:;j ipiarltT. Wiiere the lii)el C()m])lained of is clearly a privilei^ed commmiieation, the inference nf malice can- not be raised upon the face of the libel ii. elf. as in o'her c'ses it niiijht i)e, but the jilaintifT must j^;ive intrinsic evidence of a^iii.il exjui'^s malice ; he mu^t also prove tiie statement to be false as well as ni.i'icious ; and the dd'endaiU may still make out a i,'ood defence by jirovini; that he had <;oo 1 1; round lo believe the statement true, aid acted honestly under that pei'.juasion. (^hiicn' by the Court, whether a communication of this nature, made bv an inhabitant of any other uart of the I'ro- vinco, would nwt be privilegetl.— J/(.7/(/'//r« v. MdJidn ct id. 13, Q. B. K. 534, (7.) Ma!iihtmu>i for Rate for Safari/. — The Court of Common Pleas has de- cide! the following; case: "The court refused a rule nisi for a ni'indiiD/itx to the trustees to levy a r:iie to p»y the applicant the balance of his salary as teacher, re- covered in the Hivision Court at^ainst former trustees, it not ap])earini^ when, f(jr Iiiiw loni,^ and by whom the said teacher v.as employed." — O' JJono/iue v. iSclioul, Truitn:.i 0/ Section JVo. 4, Thorah. 5 C. I'. 297. (8.) Enforcement of A'lreeiwiitt.— The Co\irt of Queen's Rench I^as decided the following case : " A school teacher sued the trustees in the l'ivisi(jn Court for liis salary, upon an ai^reenient, under defendants' corporate seal, by which they !)ound themselves to employ the powers lei^ally vested in them to collect and p ,y him ; and u])(m the common count of work and labour. It ajijieared that he was r.ot a letjally ([ualifi .'d teacher, but that he Iiail tauijht the school durintj the time claimed for. /felil, that he could not recover : I. liecause by C. S, U. C. c. 64, s. 27, sub-sec. 9, as amended by 34 Vic. c. ^^, s. 30, defendants were jirohiblted ^'ll 8(i, and eharijc to lU'couiit of county a.->;essm<'iit for IStWi, imd iilh-tjini;' it refusal to pi»y su(!h order, with a ciaiin for ti mandamus. Ilehl, de(d.ira(ion biul, as not shewirifj that the cheek or order wiiK drawn ou the order (if the sehonl trustees, and in setting; out a cheek void on its f.uM', beciuise di'awn upon a. fund over wliieh the loeid i=n]ier- iiiteiidenl liiid no control, and in not sdiewinij that defendant, had money in his liunds behiniiintj to the school (section, or tliiit tiie county council had made pro- vi'^ion 1(1 cnatile him to jaiy the iimount. — Welxh v. jA'nhcii, 18 C. I'. 48. AVtu'rc nn action in the Division Pourt by a teacher nu;ainst the trusters was referred by order of the judire, with consent of tin? parties — //(•/(/, that the awiird could not be appealed from uiuler lii Vict., c. 158, s. '24. Kcnntrks ns to tlefendiint's remedy by prohibition, — The Chief Superintendent 0/ SehouU In re Milne and Sylmaler, 15 l^. B. b'iii. >. IX. there- 1.-/// 19 n. a PrU a re- t-r of a cniion, II 111 not c Iil>el ci' can- )Ut the prove nuke ciiieiit lether a le I'ro- K- 534. Chap. IX.] FL'BLIC SCHOOL TEACIIKKS. 65 Held, on tiemiirrer to the avowry and co<;nJz:ince set ont in the report, th.'it there i« no rtu;ht to arbitrate under (!. S. U. U., c. (i4, unless the contract of ser- vice is entereil into by tl)e truriices) in titeir corporate eapaeity, made iindi-r tlii?* corporate seal ; and witlioiit this the per.-(oii (iisebari^inu; tlie diilies »)f teacher }ias no lei^a! utatua as such. — Biriiii.n(/hiini v. llninjcrfwd el at., ly C. V. 411. (10,) Contractu villi Tni.-'tco*. — In an action by a school teacher lo recover dauiai^jes as for a wrong dismissal, it was slimvn that the ai,'reement to employ the plaintitT was made in writin<^, under seal and sij^ned by two, of the thret: school trustees, but not at the s^ame time oral any meeting of the trustees called for the )iurp()se of transacting school Inisiness : — llctd, reversing the judgment of the County Court (Ilaldin»aii of hamiltun v. 2stU, 28 Chy., 40S, p, 661.) 12.— Miscellaneous Duties of the Public School Teacher.* (1.) To hold Public Exmninntiontt. — Tito toaclier is rt^jtiivt'il liy law " to hold (litfing each tx;rni a [>ul>lic oxamiiiation of Win sclinol, of A\hich ho sliall give duo notice to the ti'i.i.steos of tlie school, to any, school visitofs who fe;?ido iKljacniit to the school, ai\d through the l)iipils to their parents and gtiardian8."t (Sch. Act, sec. 154, cl. [8].) (2.) To give the trustees and visitors access at all times, when de- sired by them, to the; registers and visitors' book appertiiining to the school. — {Ibid. cl. [5]-) (i.) To deliver tip atiy school register.^, visitors' books, or hcLooI- lioii.se key, or other school property in his possession, on the demand ur order of the majority of the trustee corporation employing him. (////(/. cl. [G].) No rK. — •" In case of his wilfully refusing to do so, he shall be deemed guilty of a misdemeanor, and shall not be deemed a cpialilied teacher until restitution be made, and shall also forfeit any claim which he may have against the said trus- tees." (lliUL cl. [7J.) ^ As to the control of the teacher over the school-house, see decision No. 6, section is- chapter ii.. of the (.'onrt of Queen's Bench, on pa;,'e vo. ♦ It will Vie seen hy this f.l.iusc of the Act tli.it " it shall ['sliall ' here is imper.ntivel bo the chiiy of every teactier of a sch.iol ; (8) I'o hokl diiring each tmii a piibhc examination of his sclioi 1." Tc.jchcrs ounot, tliercfore, lawfully omit tins part of their duty. Form of Toacher'8 Circular Notice of tha Quarterly Examination of his School. School nou;se of .Section No. — i3 Sir, — As reqiired hy Inw, the quirterly examinations of my school will he held on ■ day, ll, . _ (,f ■, 'vhen the | up. Is of the school will be publicly examined in the several siihjei is which they have been tauL'Jit ilurint; die cpiarter now clo-iinn. The exercises will commence at o'clock a.m., and you are rcApecilully requeued to attend them. I am, Sir, your obedient servant, A. B., Teacher. To C. I)., .School Trustee, (or Vi.silor). UnMAHKS.-Ac'.py of the above notice ought to be sent to each of the trustees, and to as many visitors of the sclu> I as pos.-.ible. The teaciier should address a circular notice to those of them who raside within three miU-s of his sch 1 il. H ; is also reipiired to (jive ii'jticc, through hi& pu- pils, to their parents aii.1 giiardi.ms and to the nei;{hbjurhojd, of the examination. GG PUBLIC SCHOOL TEACHERS. [Chap. IX. ■I I (4.) To furnish Information, to the Minister, or Inspector. — "To funiish to the Minister of E(hiCiitioii, or to the Scliool Iiispecto", in tiie trustees' n^port or otherwise, any inibnnatiou wliioh it may be in his power to give, respecting anything connected with I'le operations of his school, or in anywise ail'ecting its interests or character." {Ibid. cl. [9].) Note. — This duty involves the preparation of reports and returns, as provided in clause (6), section 9 of this chajjlcr, p. 62, and section 21 of ciiajjter ii., p. 23. 13 —Claim of Teacher for Salary until he is paid.* " Every teacher shall he entitled to be paid at the rate mentioned in his agreement with the trnstees (see section 4 of this chapter}, even after the expiration of the period of liis agreement, until the trustees pay him the whole of his salary, as teacher of the .school, according to their engagement with him ;" and including allowance for holidays and vacations, if provided for in the agicoinent with the trnstees. (School Act, sec. 159.) Noi'K. — This section shall only apply where the teacher prosecutes his claim for salary within tln^ee nionlhs after it is due and payable by tlie trustees, {/hid.) 14— Teacher entitled to be paid for teaching days. " Every qualified teacher of a public scliool eiii[»loyed for a period not less than three months, shall be entitled to be paid his salary in the })roportion which the number of teaching days, during which he has taught, bears to the whole number of teaching days in the year." {Ibid. sec. 155.) " In case of sicknes?, certified by a medical man, every teacher .shall be entitled to his salary during such sickness, for a jieriod not exceeding four weeks for cJie entire year; which period may be increased at the pleasure of the trustees." {Ibid. sec. 158.) 15— Matters of difference in regard to Salary. " All matters of difference between trust<3es and teachers, in regard to .salary or other I'emuneration, shall be brought and decided in the division court by the judge of the county court in each county, subject to an appeal as provided by this Act." (Ibid. sec. loG.) No'iK. — l^y seclion 4 of this chajner, it will be seen that no ajjreement between trustees and teachers, is lawful or binding on the scliool corporation, unless it is in writin;4 and sealed with the trustees' corporate seal. None other can, therefore, he enlorced in a court of law against the corporation. (.*^ee decisions of the superior courts, in section II of this chapter; see section 13, also.) 16— Failure to carry out agreement with Trustees. " Any teacher who enters into an agreement at common law with a board of trustees, and who wilfully neglects or refuses to carry out * The Assessment Law does not exempt a school tcicher either from the payment of a tax upon his sal.iry (if over $400 per annum), or from the performance of two days of statute labour, if hi-i salary be under $400. liip. IX. Cliap. X,] SUPERANNUATION OF TEACHERS AND INSPECTORS. 67 r.— " To ecto", ill iiy be in )eriiti()iis aracter." s provided ii., p. 23. eiitioiieil chapter}, intil the school, illowance with the Hiich agreement, shall, on the complaint of any boanl of school trustees, ]ie lialjje to the suspension of his certificate by the inspector in whose jurisdiction he may be engaged for the time being." {Ibid. sec. IGG.) No IE. —Minister Crooks decided l!iat "a school teacher possessing a Pro- vincial certificate is in tiie same position as any other contracting party, and is liable to he sued in damages for refusing to fulfil an agreement. The question whether tiiere is a coiUr.aci or not would depend upon written evidence, signed by the teacher, or sent by original telegraph over his signature Letters and tele- grams will answer if sufficiently unequivocal. The proceedings against a teacher 111 case of failure to fulfil his engagement could be had in a division or a county court, or in one of the superior courts, according to the amount of actual damage.^ which had resulted from such failure.* SUPERANNUATION OF TEACHERS AND INSPECTORS. s his claim {{hid.) ;s. • a period salary in whicli he the year." y teacher )eriod not I may be ) , in regard leil in the h county, loG.) ent between nle-is it is in 1, therefore, iions of the law with carry out t of a tax upon s labour, if hi.H The School Act of 1885 contains the following provisions in regard to the superannuation of teacliers and inspectors : — 1 92. From and after the date of this Act, every teacher or inspector whose name is enttued as having paid into the fund for the su[)port of superannuated teachers, may contribute to sucli fund in such manner as may l)e prescribed by the Education Department, the sum of at least four dollars annually. 1U3. On the decease of any teacher or inspector, his wife, her husband, or other legal representative, shall be entitled to receive back the full amount paid into the superaniuiation fund by such teacher or inspector, with interest at the rate of seven per cent. i)er anntun. 1D4. Every teacher or inspector who, while engaged in his pro- fession, contributes to the superannuated teachers' fund as provided by this Act, shall, on reaching the age of sixty years, be entitled to retire frorti the profession at his discretion, and receive an allowance or pension at the rate of six dollars per annum, for every year of such service in Ontario, upon furnishing to tiie Education Depart- ment satistfictory evidence of good moral character, of his age, and of the length ot his service an teacher or inspector. (2.) Evex-y pension payable under this Act may be supplemented out of local funds by any municii)al council, [)ublic school board or l>oard of education, at its pleasure. (3.) To remove doubts, nothing in this section contained shall be held as applying to any person, who, prior :o 1871, Jnul ceased to be engaged in liia profession as a teacher, and has :iot heretofore con- * Any questions as to legal li.ibility en either side would be removed, if the form of Teachers' Contract-Agreement, prepared by the Author of this work, and pub.ishea by Messrs. Copp, Clark iSi Co., Toronto, is used. It can be obtained from any bookseller. 08 SUPEnANNUATIOX OF TEACHERS AND INSPECTORS. [Cliap. X. trihiited lo the said fund ; iind no ]>ayniont for arrears shall l)e lojuived after the lirst day of July, 1S8j. 105. Every teacher or inspector under sixty years of age wlio has con(ril)Uted as aforesaid, and wjio is disabh'd from practising his profession, shall he entitled to a like pension, or local supplenientaiy allowance, upon furnishing the like evidence, and upon furnishing to the Education Department from time to time, in addition tliereto, satisfactory e\ idence of his being disabled. 196. Every teacher ei-.^icit/' to receive an allowance from the suiterannuated teachers' fund, wlio holds a first or second-class jiro- viucial certificate, or a tirst-class county board certificate, or who is au authorized head master of a high school or collegiate institute, shall, in addition to said allowance or pension, be entitled to receive a further allowance at tlie rate of one dollar per annum for every year of service while he held such certificate, or while he acted as head master of a high school or collegiate institute. 11)7. The I'ctiring allowance shall cease at the close of the year of the death of the recijiient, and may be discontinued at any time should the pensioned teaclier fail to maintain a good moral charactei', to be vouched for (when re(piested) to the satisfaction of the Educa- tion Department. 198. If any pensioned teacher or inspector shall, with the consent of the Education Department, resume the profession of teaching or inspecting, the payment of his allowance shall be suspended from the tiaie cf his being so engaged. I'J'J. In case of his again being jdaced by the Education Depart- ment on the superannuation list, a i)ension for the additional time nf teaching shall be allowed him, on his compliance with this Act, and the regulations of the Education Department. 2U0 Any teacher or inspector who, having resumed his profession? draws or continues to draw upon the superanni:ation fund for any part of his allowance as a superaimuated teacher [or inspector], shall forfeit all claim to the fund, and his name shall be struclc off the list of sujterannuated teachers [or inspectors]. 201. In the case of those teachers or inspectors who may not avail themselves of the provisions of section l'J8 or 207 of this Act, the provisions of sections 11)8 to 207 inclusive shall apply, so far as relates to all sums of money already paid into the fund for the su[t- porc of superannuated teachei'S. 202. Any teacher who retires from the jtrofession, or any toachei', or inspector, who desires to remove his nanu) from the list of contri- butors to the superannuated teachers' fund, shall be entitled to receive back from the ^linister of Education one-half of any sums paid in by him or her to the fund, through the public school inspector, or otherwise. [G9] ;ing liis •ofession- I for any or|, sh.ill I' the list CHAPTER XI. RELATION OF INSPECTORS TO PUBLIC SCHOOL TEACHERS. [Note —No public school inspector shall, during his incumbency, hold the office of trustee of a his^h or public school, nor act as heal master of a hi_q;!i school, or master or teacher of a public school. (Sch. Act, sees. iSo and 251.) 1— Oversight of Public Schools by an Inspector. The School Law requires eadi inspector of public schools " to see that every school is contlucted according to law and the regulations of the Department. (See. 184, cl. [1].) 2.— Inspector's Visitation of Schools. Tlie law requires every county inspector " to visit every public school within Jiis jurisdiction once in each term, unless oftener re- (juired to do so by the county council which a[)pointed him, or for the adjustment of dis[)utes, or other purpose." [Ibid, sec. 184, cl. [I].) NoTF.. — The ref^ulations require the inspector to devote, on an average, half a day to the examination of the classes and pupils in each school, and to record the result of such examination in a book to be kept for tiiat purpose. He shall also make inquiry and examination, in such manner as he shall lliiuk proper, into all matters affecting the condition and the oijcralions uf the schoul ; (but he shall not give any previous notice to the teacher or trustees of his vi^it. ) (See Kegulalioiis.) 3.— Authority of an Inspector in a School. The authority of an inspector in a school, while visiting it, is su- premo ; the master, teachers, and pupils are subji'Ct to his direction ; and he shall examine the classas and pupils, and direct the masters or teachfl^plo examine them, or to proceed with the usual exercises of the school, as he may think proper, in order that ho may judge of the mode of teaching, management, and disei[)line in the school, as well as of the progress and attainments of the pupils. 4.— Inspector's Procedure in the Visitation of Schools. On entering a school, Avitli a view to its inspection, and liaving courteously introduced himself to the teacher (if a stranger), or, if otherwise, having suitably addressed him, the inspector shall : (1.) Note in the inspector's book tho time of his entrance, and on leaving, the time of departure from t'ie school. (3.) Examine the general and daily registers, and other school records, and take notes of the attendance of pupils, number of classes in tho school at the time of his visit, itc. G 70 INSPECTORS AND TEACHERg. [Chap. XI. i (4.) Observe the mode of teaching, the management of the school, and generally its tone and spirit : also whether the bearing, manner, and language of the teacher, his command over the pupils, and their deportment at the time of his visit are satisfactory. 5.— Intercourse with Teachers and Pupils. In his intercourse with masters and teachers, and during his visit to their schools, the inspector should treat them with kindness and rospect, counscflling them privately on whatever he may deem de- fective or faulty in their manner and teaching ; but by no means should he address them authoritatively, or in a fault-finding spirit, in presence or hearing of the pupils. 6.— See to Attendance of Ohildren at School. The inspector should see that the provisions of the School Act, in regard to the rights of every child in the municipality under his jurisdiction, to attend some school, are not allowed to remain a dead letter. • Note. — The law requires each township clerk to furnish to the county inspec- tor a statement, annually, of the number of children between the ages of 7 and 13 resident in each school section, and also a statement of the assessed value of the l)roperty in each echot)l section, and also of the requisition on the council of the trustee board. (School Act, sees. 115 and 117.) 7— Teachers Visiting other Schools. County and city inspectors shall have authority to allow teachers to visit schools, under the restrictions contained in clause (2), section 10 of chaj^ter ix., page G2. 8.— Cheques to Teachers payable to Themselves. Any cheques for school money due a section must be made payable to the (qtialified) teacher, assistant, or monitor, or his order, and to no other pei-son ; and no cheque shall be given to such teacher exce]>t on an order signed by a majority of the trustees of the school section, and attested by a lawful corporate seal, and tlien only for the tinu' during which the teacher has hold a legal certilicate of qualification, not cancelled, suspended, recalled, or expired. (See note to sec. 22, of chapter ii., page 23.) Note. — A form of order, which the trustees should semi to the inspector, will b^ furnished by Messrs. Copp, Clark & Co., Toronto, free of postage, for 5 cents. (See note to section 22 of chapter ii., jiage 23.) 9.— Granting Special Oertificates. The School Law authorizes every inspector "• to give, at his discre- tion, any candidate, on due oxamination, according to the programme authorized for the di'e examination of teachers, and subject to the regulations of the Education Department, a certificate of qualification to teach school within the limits of the charge of such inspector, XI. Chap. XI.] INSPECTORS AND TEACHERS. 71 until (but no lonjjer tlian) the next regular meeting of the board of examiners of which such inspector is a member." (School Act, sec. 181, cl. 10.) 10.— Suspension of Public School Teachers' Certificates. " The inspector of public schools may suspend the certificate of any teacher under his jurisdiction for inefficiency, nusconduct, or a violation of the regulations of the Education Department, or of this Act. In every case of suspension he shall notity in writing the trustees concerned, and the teacher, of the reasons for such suspen- sion." {Ibid. Anc. 1G5.) XiiTE. — OfTicera, required by law to exercise their judf^nients, are not answer- able for mistakes in law, or mere errors of judgment, \\'thout any fraud or malice. 11.— Inspector to Verify Attendance of Pupils. The inspector should see that tlie aggregate attendance of each school is correctly added up, and divided by the divisor for the half year, and that no lost time is made up by teaching on Satunhiys, or otlier holidays, or vacations. (See chapter xiv.) Under clause (2) of section 11 of chapter' ix., U'achers may, with the con.sent of the inspector, employ certain days in the year in visiting other schools. In order that the school may not lose a corresponding proportion of tlie school fund, the inspi'ctor is authorizcul to add a proportionate amount of averages utlendanco I'or time so em|)loyed, or use a smaller divisor. XivrK. — After having examined and tested the correctness of the return, the inspector slunild file away and carefully preserve it, so that it may be handed over, with other .school documents, to his successor, when he retires from office. 12.— Check against Incorrect Returns. The half-yearly return of the pupils' names, and ntimber of days in whioli they attended during each month, will be a check against false or exaggerated returns ; as the inspector can, in his visit to any school, tak(! the return with him, com{)are it with the school register, and make any further inquiries he may deem necessary. He should, also, at his visits to the school, take notes in his book of the school attendance, (kc. Note. — The returns, carefully compiled, will furnish materials for the .statistical tables in the inspector's report, and will show at what periods of the year the attendance of pupils at the schools is the largest, and how many attend school during two, four, six, &c., months of the year, [72] CIIAIPTER Till. SCHOOLS IN UNORGANIZED TOWNSHIPS. 1.— Ponnation of School Sections in ITnorganized Townships, " 111 iinorf:;iinize(l towiiHhijw in any county or district it sli.iU I)t7 lawful for tho sti[)on;Uiiiy niiigiss'trate tlieruof and tbo public school iusi>cotor (if any) of the county or district, or for the Htipinuliury mairistrato alone if tlun'o bo no inspector, and for the inspector jiViiie if tiju!o bo no stii^endiary niaf]tistrato, to form a portion of a town- ship, or (;f two or more a)ll, iis so corrected, shall b« oj)eii to inspection by all pin'Hons interested, at soin(i convenient place in tlu' section, notice wheniof, signed by the stipendiary niai,'istrate, or insptsctor, if there bo no stipendiary niaj^istrato, is to be annualiy posted iu at least three of tlie most ])nbli(; places in the section, aiial by-laws can be recovered. [Ili'ul.) (4.) Assessment on Real Property. — In regunl to real property, the magistrate, or inspector, "after healing npon oath the complainant," anil the party who assessed the property, " and any wif;ness adduced, and, if deemed desirable, the party complained against, shall determine the matter, and confirm or amend the roll accordingly." {Ibid. sec. 50, cl. 15.) I ■■■J '"5 :i 74r 74 SCHOOLS IN UNOKOANIZED TOWNSHIPS. [Cliap. XII. 41 1 1 (i f! 'V C5.) Asarssment on Personal Property. — If tho party nsseswvl corn- jdiiins of ail o^'crcliarge on lii.s poi-sonal property, or taxable hiconic, lie, or his agent, nniy make a declaration of tlie true value of jiei- Honiil property, svitliout deducting ordinary d(jl)ts (though del)tH on tilt! property itself are to l>e stilted), and of gross income fi-oni all sources ; and no aUatement shall he made from the amount of income in respect to debts, except debts due for or on account of such p<'r- sonal property ; and the magistrate or inspector, shall, IheitMipon, ent(?r the person assessed at such an amount of personal projierty. or taxable income, as is spociHee a collector (who may also be secretary-treasurer), to collect the mtes imposed by them upon the mtepayers of their school section, or the sums which the inhabitants or others may have subscribed, or a iiite-bill imposed on any person ; and pay to such collector at the rate of not less than five or more than ten per centum on the moneys collected by him ; and every such collector shall give such security as shall be satisfactory to the trustees, which security shall be lodged for safe keeping with the stipendiary magistrate or the inspector by the trustees. (Ibid. sec. 51.) 10 —Powers of School Collectors. Every such collector shall have the same powers in collecting the school rate, rate-bill, or subscriptions, shall be under the same liabili- ties and obligations, and shall proceed in the same manner in his Chap. XII.] SCHOOLS ix unokuanizkd townships. 75 school snction and township as a townslilp collector tlons in his muni- cipality ill colUx^tin",' rates in a townsiiip or county, as jtrovidcd in the Municipal TiiHtitutions and Asscsanient Acts from time to time in force, {/hid. sec. 5"J.) NoTK, — Tiicse " powers" are summari/ed as follows : — (i.) Under a warrant from the triKtces, the cnllector is authorised and ref|uirc(l ti) collect the school ratc'i imposed by tlveni, or the suni-; whicli llie iiilKihiiaiits or »)'.hers7 may have subscribed, anti also the scliool rate bill payalil" by n(jn-re>i- d 'Uts. The trustees are a'Uli/<'i;irt[see Index] for horses : J'lea, — justifying the taking under a warrant for school tixes, and alleging that they were delivered by the collector lo defendant, an innkeeper, to take care of until the SCHOOLS IN UNOnCANIZED TOWNSHIPS. [Cliap. XII. • I 1 1 f! Si sale. l^,'(])Iicri/'i(iii,—^ctUn^ out facts to show tlie rate il'ei^al, and ftvi-rring tliat plaintiff, nfUM- st-i/iire of llie yo(xIs, at the leciucst of collector and tmstees, j,'ave his note for a sum named, (not >ayinj; that it was the anu)unt due hy hin\,) pay- able to hearer, whicli was accepted in satisfaction of the taxes ; that the collector relea-cd the ])roi)erly seized, and s:,id note is still out>tandin!,% and the plainlitT jiahle upon it, ami that the seizure i:i the jilea mentioned was made afterwards. IJcht, on (lennirrer, ri plication bad ; for, 1st, The collector, actint; under a war- rant lcj,'ai on the face of it, would no' be liable to tresspass or trover, and there- fore not in this action, nor the delenciant for t.iking the horses from him to keep ; and, 2i)d, I'lven if the note hacliooi tax in the city of Kini;ston, imj'osed liy by-law in Decem- ber, 1S55, wa-. extended by resolution of the city council, under iS \'ic. c. 21, s. 3, until till- i--t of Aui^ust, 1S56 ; and ayain on the 22nd of December, iSgb, to the 1st of March. 1S57. i/cA/, that the collect(jr, wIkj was the same jierson for both years, mitjlit distrain Letweeii the 1st of August and the 22nd of December, 1956, althoU!,di no resolution extending tiie time was then in force — McLmn, J., dissL'nting. — Xcwherry Sl tlie legality of tlic r'Aler.sion of tim^, it woiilil lie l":ti' r fur tiiislces to issue u new warrant and lake a Iresh Ijond whenever th: p'jriod i:i'--nliuncd in the hund expires. (4.) I'iijht to collect School Torif nftcr the cxjiiralion of /he y'vir. — -The Court of •Jucen's J^each has decided, on an ajipcal by the Chief Superintendent of I'ldu- catioii, that a collector of school taxes mioln, in iS!,i, collect by distress the laxes for ly^yj and 1S60, not having made Ids Ihul return of such taxes as in arrear, and lielng still colltclor ; and xmilile, that in this case the jilaintin", who complained of the seizure, having jeo to it by his own conduct, the proceednig should have bec'ii withheld in the division court at all events. — Chief Su^jtriineinkni 0/ Education, appellant, in re. Mrfcnn v. Farrell. 21 (). IJ. R. 441. (5.) Collcctir ciininifdiiii Tt-espasn if{ enlilled to notice of Action. — Limit. — Tlie C )u;t of C'ommon I'leas has decided that a collector who committed a trespass while acting under a warrant issuiid by a ompcient authoiity. was entitled t > no- tice of action, and that the action should be brought within six mowvha.-Sprij v. J/iiiuh;/, ct al, Xo. If', Jiawdon. II C. 1'. R. 285. (6.) School Trustic.i hm-c pon'c-r to I'vi/ Ldt". at nni/ time. — Under the Acts re- latuig to ])i!blic schools, trustees may at ani/ tint'' impose and levy a rate for school purposes ; they are not bound to wait until a copy of the revised assessment roll for tlio ]">artioular year has been transmitted to tlie clerk of the municii:ality, l)Ut may and can use the existing revised assessment roll. — Chief Superintendent of L'ltticotion, appellant, in re lloijij v. lioijers. 15 C. 1'. R. 417 (7.) l-'j-jien.feH of the. Scliool inuttt he defnti/etl t'l/ the authnrilji of the Trnst'-es, dfd not It;/ the iuha'iil((nt>i IhemKelren. — 'I'lic Court of (Queen's IJiMich has decided that Ireeliolders and liouselioldevs of a school section cninol substitute a volun- tary subscriiniun among ihemscives, ami a rate upon the parents and guardians of c uldren alone, for the whole expenses of the school, instead of tb.e provisicms made by law ; and a resohiti'Mi to have such private subscription, which the trus- tees neglected to collect, is iherefjrc no answer to an avowry by the trustees for a rate levied by them in the iisual way. — .)fc.\fillun v. liankinel al, Xo. 14 Kin;/- ■sion. I (J Q. H. R. 356. (S.) Schoo' Toj; upon Paren's ,ind Onnrdian^ unlawful. — Tlu Court of Com- i similar case : A general school nieetiui; passed the fuU moil I'leas has also tiecic Clliip. XII.] SCHOOLS IN L'NOPOANIZED TOWNSHIPS. i i lowing resolution : " That tlie expenses of the school section he jinid liy vohintaiy suhsi.'fiption, and the balance to l)e raised from a tux to he Icvicil n/mn flir /"ircni.^ (iiid (/i(iinli(iii-< of those sendinij cliildieii to school." 'J he school truslees, after tiie failure of the vohuUary subscription, levied a general rate, upjou which this replevin arose — the |jlaiiiliff contendinL,^ that he was not liable, as imt luiii;/ u jifirciit or ijiianHiin of a cliild attending the school. JlchI, that the trustees had no authority to tax the parents or guartlians of those sendini; children, or to al'ler or aninil the resolutions ; and that the Iviilli clause of the iK'nilii-tiorcntli section of t!ie School Act authorized the levy as made. — C'raitj v. Jliinkin ct dl, J\'o. /.'/, Kiiii/stou. lo C. I'. K. 186. [I).) Foivn of, anonscs incurr<;d in older to consult wilh the superintendent ; but a rale may be levied to reimburse school Irustces fcjr the costs of defending a i/roiniitJi's.i action brought iigaiiist them. — CVa.;/" Snpi rintrii'liiit of L'lliiiiifiuii, (ijipfllaiit, in j"0 Stiir/i v. Moiitniinc, 14 (). I',. K. 473 ; and 7"k riKin v. Miniiri- piililij of N<'}Kan, 15 Q. 15. R. S7. (tr.) MamfiiinKx atinlnxt Vlcrk of n Tnvutih'ij) to permit Triixtci':^ to e.i-nviiitr till As'^-s.-iiiii'iil JloU. — The Court of Queen's llench has deeide(l that wlieie. on an applicitioii for a mand.'.mus, a demand and a refusal were sworn to, and de'eiulaiit ill answer denied the relus.il, and alleged that he had always been willing to do what was recjuircd, tl'.t Court nevertheless granted the writ. — Id ri' Trio, Flamhoroiiiih East. 7 C. I'. R. 171. (.See " iN'on-Residents," chapter iv.) (I^.) Liahilitji of J'Jji'cn/or.i and I)cr!.i('c.'''rr- reaident.s,) 5 C. P. R. 21 1. ii si ''1 f! ■?: Si CTIA-FTEK XIII. GENKR.\L TROVISIONS OFTHE LAW & REGULATIONS APPLICABLE TO ALL SCHOOLS. 1.- AH Public Schools shall he Free Schools. All " |nililio schools shall he free schools, ami every ]>ersou be- tween the ages of .') and 2 1 years shall have the right to attend some school." (Sell. Act, sec. 6.) 2.— Residents in one Section sending to another Section. " Any peison residini^ in one school .section or division, and .send- insi a child or children to the school of a ncdj'hhouriun: one, .shall, nevertheless, be liable for tJie ))ayment of all rates a.sse3sed on his ti'xable i)roi)erty for school purposes in tlie section or division in wliich he resides, as if he .sent his cliild or children to the school of such section or division. {^Ibid. sec. 125.) Note. — Children from rural sections attending ]>id)Iic schools in cities, towns or incorjiorated villages shall " be reported as attending the public school of the school section in which they are actual residencs." (Ibid, sec 203, cl. 2.) .See chapter iv., on " Non-residenls," page 31. 3. —Exception as to Supporters of Separate Schools- Xothiii2; in this Act authorizing the levying or collecting of rates on taxable ])ro[)erty foi* pnlilic .school pnrpo.ses shall apply to the supporters of Roman Catholic separate schools. (School Act, sec. 3.) Chap. XIII.] GENERAL SCHOOL REGULATIONS. 79 4.— Authorized Text Books to be used. No teacher shall use or permit to be used as text books any books in a model or public scliool, except such as are authorized by the Education Department, and no portion of the les^fislative or municipal j^rant shall be ))aid by the inspector to any school in which unauthorized books are used. {Ibid. sec. 20G.) Any authorized text book in actual use in any public or model school nia)' be changed by the teacher of such school foi' any other authorized text book in the same suliject on the written approval of the trustees and tlie inspector, ])rovided always such change is made at the beginning of a school term, and at least .six months after sucli approval has been given. {Ibid. sec. :i07.) In ease any teacher or other person shall negligent')' or wilfully f^ubstitute aji " unatithorized text book in place of any authorized text book in actu.il use upon the same subject in his school, he shall for each such offence, on conviction thereof before a police magistrrte or justice of the peace, as che case may be, l)e liable to a ])enalty not exceeding ten dollai"s, payable to the ni micipaiity for public school ]>iir])Oses, tonrother with costs, as the police magistrate or justice may think fit. {Ibid. sec. 208.) 5— Religious Instructiorg in the Schools. Pupils shall be allowed to receive such religious instructions as their parents and guardians desire, according to any general i-eguia- tions ])rovided for the orgiuuaition, government and discii>line of public schools. {Ibid. sec. 8.) Note. — No person shall refiiiire any jfupil in .iny ]iiiblic school to rpaened with th» Lord's Prayer, and chased wit'' tlie reading of the Scriptures and the Lord's Prayer, or the prayer sanctioned by the Department of Education. (h'ef/nlations npju-oved. by the Lieitlenant-Governor in Council, IG/A December, 1881.) NoTK. — -A volume containinj^ the Scri]iture readin^js and the prayers sanctioned by the Department has l)een provided by the 1 )e!iartnient. The trustees are required to place a copy of '\ in each department of their school. 7.— Weekly Instruction by the various Clergy. The clergy of any persuasion, or their authorized representatives, shall have tlie riglit to give religious instruction to the pupils of their own church, in each school house, at least once a week, after 80 GENERAL SCHOOL REGULATIONS. [Clliip. XIIT. the hour of closing the school in the afternoon ; ami if the clergy of u\ov(' tliiiu one denomination a[)i)ly to give religious instruction iu the same school house, the School Board Trustees shall decide on what dav of the week the school house shall be at the dis|)Osal of tlie olergvuKin of each denomination at che time al)0ve stated. But it shall liH lawful for the School Hoard or Trustees and clergyman of any dciioiuination to agree upon an hour of the day at whicli a clergyman, or his authorized representative, may give religious instruction to the ])upils of his own chur(!h, provided it be not dur- ing the regular hours of th(5 school. ( Ihlil.j Xoii:. — The Rejijulations prescribin;^ the " Hours of Daily Teachinjj " provide tliat ihi-y sl);ill not cxcccil six liours in (hiralion, hut "a less number of hours of ilail)- tcacliiujj may be cletermined up<;n in any I'liblie School at tiie option of tlie 'rru!>tees " Arranj;ements may, therefore, l)e made l)y the Trustees for clo>inL; the ordinary school work earlier than tlie usual hour on certain d.ays, so that time niay be {^iv .n for rcliy;ious instrucrioii. 8.— No School Official shall act as Book Agent. " Xo teacher, trustee, inspector, or other jierson otticially connected with the Education Department, the normal, model, jjublie or hiyh schools or collegiate institutes, shall become or act as agent for any person or j)ersons to sell, or in any way to ])romote the sale for such per.son or persons of any school libiiirv, prize or text book, map, chart, school apj)aratus, furniture or stationer}', or to receive comi)eu- sation or other remuneration or e(juivalont tor such sale, or for the promotion of sale in any way whatsoever." (Sch. Act, sec. 2G7.) 9.— When School Fund to Schools may he Withheld. The Public School Inspector is re(piircd ''To withhold his order for the anu>unt apportioned from the Legislative or Municipal grant to any school section : — " (a) When the school was kept open for less than six months in the year ; " (h ) When the trustees fail to transmit the annual or semi- annual school returns properly tilled uj) ; "(c) When the trustees fail to comply with the School Act, or the ilegulations of the Education Department ; " ((I ) When the teacher uses, or permits to be used, as a text l)ook anv book not authorized by the Education Department." [Ibid, sec, 1«4, cl. 4.) 10.— Penalty for Disturbing Public Schools. " Any person who wilfully disturbs, interrupts, or discpiiets the [iroccedings of any school meeting authorizttd to l>e held by this Act, or aiiy own who interrupts or disfjuiets any public school established ip. XIII. c]or<;y of notion ill iocide on iul of tlie But it u;yiii!ui oF wliicli a religions not dur- provide f liours of ion of the for clo>iiii; ys, so that onnoctod or liigli t for any 3 for sucli )ok, ni;v|>, f connuMi- ir for the . 2G7.) lid. his onhn' pal grivnt aonths in or semi- 3l Act, or tpxt hook [Ibid. sec. [niets tlio til is Act, stablisbed Chaps. XIV.-XV.] SCHOOL TERMS, ETC. 81 and conducted under its auvhority, l)y rude or indecent beliavioTir or by making a noise either within tiio place where such school is kejit or held, so near thereto as to disturb tiie order or exercises of the school, shall, for eacli ofl'ence, on conviction thereof before a justice of the peace, on the oath of one credible witness, forfeit and pav for ])ublic school ])urposes to the school section, city, town or village within which the offence Was committed, a sum not exceeding twenty dolhirs, together with the costs of conviction, as the said justice may think lit."' {JOul. sec. '260.) CHAPTER xrv. SCHOOL TERMS AND HOLIDAYS. The public school year shall consist of two terms: the first sliall begin on the third day of January, and end on the first Friday of Julv ; the seconil shall begin on tiie third ^totuhiv of Atij'iifrt. and end on the twenty-third day of l)eccml)er. Every Saturday, evc.y statutory holiday, and every day ])roclaimed a holi(hiy by the muni- cipal authorities in which the school section or division is situated, shall bo a holiday in the jiublic schools. (Scliool Act, sec. 20r>.) Noi'K. — In citic?!, towns .nnd incorporatcl villn;jcs the school terms sliall lie th>; same as the ttrnis [a'0jciib(.'i.l iuv hij^ii schools. {Ibid.) COUNTY MODEL SCHOOLS. The [county] board of examiners .shall, undci the regulations of th<> Education i)e])artment and suliject to the appi-oval of the Minister of Education, set a[)art at least one school in each county as a county nuxh'l scliool for the training of oiiiididates for third clasps teacliein' certilicates, and tlie county council shall provide and levy in eacn year, in aid of eafji county model school within the liiuitB of the (tounfy, !in amount .'t least equal to the amount a|)portioned or ])aid by tlio Educatioi, D;^partmeiit, in sup[»oi't of county model schools out of any grant annually voted by the legislature for that purpose, but tlie amount to be i)ro\id(!d bv tins countv council shall n(*t be less than tlie sum of one hundred and iifty dollars in one year, unless the county council should seo lit to provide a larger amount of aid. (^Hohool Act, sec. 174.) [82] CITAFTKR XVI. TEACHERS' INSTITUTES. It shall be lawful for the Minister of Education to apportion out of any moneys voted by the Legislative Assembly for tlie training of teachers the sum of twenty-tive dollars for every teachers' institute established under the regulations of the Education Department, and it shall be the duty of the county or city council of each city or county to pay to the order of the president of each such institute within the county or city, a sum at least equal to the amount so apportioned by the ?tinis'*r of Education. (School Act, sec. 175.) ! h CIIAI^TER X.^711. TEACHERS' ASSOCIATIONS. The following are the Departmental Regulations : — 1. Ohjcctn of Afsocintton. —In each county or inspectoral division a Teachers' Association shall be formed, 'lie object of which shall be- to read ])apers and discuss matters having a practical bearing on the •laily wurk of the school room. 2. OJIlre.rif. — The oflicers of the Association shall be a president, vice-president, and S'^cietary-treasurcr. There shall also be a man- agement committee of five. The otiicers of the Association and the managiMuent committee shall be elected annually. ,"i. Jfrrfmys. — There shall be at least one meeting of Hie Awsocia- tion each year, exteiiding over two or more days, to be call"d the annual meeting, for the election of ollicers and the discussion of such matters as may be submitted by tlie management committee. 4. Sf'ssiona. — The session of the aiiniuil meeting on the first dnv shall be iVom 10 a. ni. tc 12 m . and from 2 p. m. to .') j). m. ; on the second day from 9 a. m. to 12 m., and from li p. m. to -i p. m. f}. Time and place. — The time ami place for holding this meeting, and the programme for the same, shall be arranged by the Educa- tion Department on consultation with the Inspector or Inspectors of the county or divisional Association. A copy of the programme should be sent to every teacher in the county or inspectoral division Chup XVII.] TEACHERS ASSOCIATIONS. 83 •tion out liuiuf,' of institute out, and city or nstitute lount so L'c. 175.) division shall l)(< ig uu the (resident, '. a nian- and the AHHoeia- illed the 1 of such at least one month before the time of meetinir. 'Die work of the AsHO(;iatiou shall be as practical as possible ; and at every meeting illustrative teaching of classes should form a prominent part of the proceedings. All questions and discussions foreign to tlie teachers' work should be avoided. G. Township Meetings. — Another meeting, arrangements for which should be made at the annual meeting of the A.ssociation, for the county or inspectoral division may be held during the year ; or in lieu thereof a series of Township Associations may be held in the town- ships or union of townships in the county. 7. Teachers to attend. — It sliall be the duty of ever}' teacher to attend continuously all the meetings of the As.^'ociation held in his county or inspectoral division (two days in each half year so spent to be counted as visiting days) and in the event of his inability to do so, to report :o his Inspector, giving reasons for his absence. 8. Inspector's duty. — It sludl be the duty of the Inspector to fur- nish the secretary of the Association with a list of the teachers in his county or inspectoral division. From this list the roll shall be calit^d at the onening of each session. He shall also report to the l)ei)iirtnient on the form proscril)ed. 8. The following order of business is recommended. : — - First dd)/. — 1. Opening ; 2. Ai)pointment of conimittees ; ;l. Busi- ness ; 4. Heading and discussion of papers ; 5. Lecture in the cxcii- ing by the Departmental Director ot I'eachers' Association. Si'coml day. — 1. Opening; 2. Eeceiving reports of committees; '.'>. Business ; 4. Reading and discussion of ])apeis ; 5. Election of otiicors ; 6. Closing. 10. Director. — The Departmental Director of Teacliers' Associa- tions shall attend the annual meeting of each Association, and shall discuss -A^ h^ast three sulij'cts on Llic programme, and deliver a public lecture on the evening of the first day. first day ; on the 1. meeting, ^ Kduca- 'CCtOlS of jgramme division Al A< A' A A A A A A .A ANALYTICAL INDEX. Pa(1k. ABSENC'I'j of trustee for three months witliout lc:ive vacates office .... 7 of teaclier G-, GO of iiupila r>s A15SENTKHS. (See Nox-Uesidents), requircmeut of school law as to cluldren r)4 trustees to compel attendance of cly Idren anil report /)."i power and C(dlector entitled to IG ADJOlJRNxMENT. (.S"*'*; Scitoot, Merting.) A( ri'] at which pupils civn attend school "Js A(;ENT. trustees, teacher, inspector, &o., cannot act as booksellers 8i) AOllEI'^MIiNT : form of, between trustees and teacher 51! must be in writing (or printed^ and under seal ")(> signature of local superintendent a mere approval of the , . (>'A Ain, cubic feet for cacli child Is AI/L"EUATION. (Sfc Township Covncil iiouNiuuiEs, 1)ebt«.) of school section boundaries, decision of the Superior Courts v\ re- gard to 'JO by-law for, })ad if l)Oundaries are not certainly defined 141 of boundaries no ground for refusal to levy rate 20 in. award, effect of ("j I AfyrEllEl) school section, avIio are trustees of s disiK).sitioa of property in 17 AMENDMENTS to motions at scliool meetings 42 ANNUAL FrNANCiAL Account. (Xw School Tkl'stee-;, &c.) IJei'OET of rural trustee? and amlitors to be read at annual meeting. . 4ii by rural trustees to ijiS2)ector '21? school meeting to be called ,3S fixed for last Wednesday in .January .'{S order of business in rural school sections U> rules to be observed in rural scliool sections 40, 41, 42 7 S6 ANALYTICAL INDEX. PAOK. APPARATUS. (.%« Text Books, Lihbariks.) trusttics to do what thoy thiuk exptiditut in regard to 86 APPEAL, none to Miniater 44 to inspectors in school election complaints 43, 50 to stipendary magistrates or insi>ector8 73 AKBITKATION. (.SVi? Award, ARBiTRATORa.) between trustees and owner of school site 46 between rural trustees and people in regard to site 50 may be superseded before award be made 48, 61 proceedings of first, on school site 51 adjournment of 46 summary of general rules in regard to 47 coats of I,. 48 none unless contract under seal 05 ARBITKATORS. (See Awahvu.) constitution of board of 47 must meet to decide about school site, remedy >'. 46 remedy is case parties refuse to appoint 46 remedy in case of the refusal to act 46 who may be 47 county inspector to be one of thq 47 duties and power of the 46, 47 must hear evidence 47 cannot delegate their jjower 47, 48 general rules in regard to 47, 48 making and publishing award 47, 192 have no power to alter award after making it 61 expenses of, who shall pay. (See 4- ward.) 46, 48 entitled to a per diem allowance. misconduct of 48 must meet for discussion 46 decisions of Superior Courts in regard to 51 ARREARS : of school taxes, how collected 76 of non-resident tax, how collected 26 ASSESSED freeholders and householders 39 ASSESSMENT in unorganized township 74 roll, trustees to have access to 77 ASSISTANTS in schools 5H ASSOCIATIONS, regulations for teachers' 82 ATTENDANCE of Pulils at School : trustees to report to inspector 23 inspector to verify 71 teacher to keep register of 61 inspector to apportion according to average 71 compulsory at school 54, 55 ANALYTICAL INDLX. I AUDIT, trustees to present yearly accounts for 33, summary of tl»e lnw in reganl to S( nooi. SF.friox AUDITORS' rural school rei)(jrt to be suluuitted to the annual meet- ing 33 contents of report hy whom appointed trustees to submit school accounts and give information to eitiier of the, to call meeting for examining accounts object of await duty of powers of time of audit remedy if trustees neglect to aj)point one penalties on trustees refusing information to may summon witnesses take evidence (tu onth and enforce decisions to remain in office until audit is completed inspector to decide differences between AUTHUIUTY of inspector in schools AVERAGE ATTENDANX'E, the basis of distributing the school fund. . AWARD. {See Arbitration, Arditkatoks.) of arbitrators in regard to site to be re{;istered when it can be set aside making and publishing an 48, 189, time and mode of making an : 48, when it is bad 48 before being made may be superseded )>y consent effect of mistake on alteration in when it may be signed by two arbitrators 46, may be re-considered by consent witliin tliree months may be referred back when appeal from COfit of power of school meetings as to 49, 51, BANKING, acts of by trustees, forbidden BELL, school BOARD and lodging of teachers BOOKS, (-^^e Apparatus, Text-Books, Libraries.) pupils must be supplied with 21, 103, 203, authorized text, to be used trustee, teacher, inspector, cannot act as agent for BOUNDARIES. trustee placed outside by alteration in BUILDING. (See School House.) 87 AOR. 43 3.1 43 43 33 34 33 33 33 35 33 33 34 34 33 43 69 71 17 48 ll>3 51 51 4S 51 47 49 49 64 48 52 15 22 204 22 80 CALLING school meetings by trustees CASTING VOTE. (See Vote.) 8 38 IMAGE EVALUATION TEST TARGET (MT-3) l.v/ m I.I 1.25 (63 IIIIIM 1111121 IIIIM 1^ - 6" 2.2 111= U IIIIII.6 *^ v^:^ '/ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ '^^ &>/ 5 SS ANALYTICAL INDEX. PAGE. CERTIFICATES for (lifTerent classes of teachers 70 temporary, may be gi anted by inspectors 70 I 'KAiriM^AX and secretary to be appointed at rural school meeting .... 39 duties of, and right to vote 39 ';enalty on, for not sending copy of proceedings to inspector 41 I, I'stees' declaration of otfice to 1)e made before 7 [Sci' Si'uooL Meetinu Skcuktauv.) Ollii QU^'^S to teachers i)apable to themselves 70 ■ r 'y Lf gi\ en so a qualified teacher 70 (ILEA •' nchool house 19 ( ' LT:110 \''>'' SN" arc school visitors 79 entitled to give religious instruction to pupils 79 COLLECTOR, appointment and duties of school 20 protection of, in i)erformance of duty 75 connnitting trespass is entitled to notice of action 70 has the same j)owers and liabilities as township collector 7"' security, must give bond of 75 fees of 20, 74, 75 powers, duties, and liabilities of 70 duration of authority of 70 can be compelled to make return 75 securities of, M'hen not responsilile 75 number of signatures to warrant of 20, 75 form of warrant of 77 fees of, must be included in rate 30 ' ';>L0UUE1) T'KOi'LE, riglit of admission to school 21 < 'OMfLAINTS, to inspectors, to decide upon school election 43 cannot be entertained, unless within twentij ilayi of school meeting 43 may l)e decided ])y inspector 43 •.;L).MPULS0RY sale of seliool site 49 attendance of pupils at school 30 CONTESTED ELbXJ'JMONS. (See IClections.) COIS'TIIACTS witli teachers. {Stt Agkeejiext, School Meetings, Corporate Seal.) void unless made at meeting of truRtecs 05 by trustees, between tlvemselves unlawful, except in certain cases 13 verbal 9, 10 enforcement of (i4 CORPORATE Powers, liability of trustees incase of neglect to exer- cise 11, 14 act, trustees, when sued for, entitled to notice. {See Corpora- tions) 11, 15, 10 Seal must be used by trustees in all ollicial acts 3() renders contract binding 20 must be used in agreements between trustees and teacher CO PAGE. . 70 . 70 . S<) . 39 . 41 7 . 70 . 70 . 19 . 79 . 79 . 26 . 75 . 70 . 7.-> . 7"> i, 75 ,. 7(> .. 7(5 .. 75 .. 75 G, 75 It .. 30 .. 21 .. 43 ng 43 .. 43 .. 49 ., 3G 65 13 10 «)4 14 16 36 2d C6 ANALYTICAL INDEX. 89 PAGK. COllPORATIOX. {See School Trustees.) flchool trustees to be a, general power of 14 definition of the term 16 decision of tlie courts, in regard to school 15 aggregate, cannot be subprenaed, but its members can 15 acts of banking by trustee, forbidbn 14 acts of the majority, binding upon the 9 notice of trustee meetings must be given to all the members of ... . 9 bound by the affixing of the corporate »»al 20 all common school property vested absolutely in school 16 COSTS, law, incurred by trustees 77 of arbitration 48 COUNCIL. Township. (See Municipal Council.) obligation of 27 board of school trustees to lay estimate before 27 has no discretion in raising rums reiiuircd by trust'ies 27 mandamus against 31 Municipal may lend to school trustees 27, 2S DEBENTURES : to be issued by township council for trustees' loans 28, 29 DEBTS, liability of original section for old S, 20 DECISIONS of Superior Courts on school questions. as to personal liability of trustees 9, 11 regarding school trustee corporations 15 regarding school house 19 regarding secretary-treasurer . 2.5 regarding school rates 30, 7o regarding school sites «>1 regarding teachers G3 DECLARATION of voter at school election of meeting 39 of office, by vural trustees only required ' 7 before whom to be made by rural trustee 7 effect when not made by trustee 7 DEED, absence of : ^ register award as substitute for 17 DEFAULTING secretary-treasurer and collector 25 DEVISEES, executors, liability of their testatory estate 77 DISCIPLINE to be maintained in the school by the teacher 53 DISPUTES. (See Complaint.) inspector may settle school • • "^S DISPOSAL of sch(»ol property provided for 17 DISTURBING A SCHOOL OR SCHOOL MEETING, penalty for SO DIVlDINiJ A SCHOOL SECTION. (See Alteuation, Towx,suip Council.) DIVISION COUILT. litigation with teachers to be in , 66 I 90 ANALYTICAL INDEX. PAOE. ELECTIONS, school, who shall call meetings for 3S time of keeping open the poll at 38 mode of trustee 43 of chairman and secretary at school meeting 39 complaint as to mode to inspector 43 notification of, to the county inspector 41 at an ordinary annual meeting .'.... 4ti in unorganized tov/nships 72 mode of proceeding in contested, in rural sections 43 no appeal from decision of inspector or contested 43 county inspector to decide upon complaints of 43 three trustees to be elected at first, and one afterwards S ELECTORS, school defined. (See, School iMeetings) 39 EMBEZZLEMENT of moneys by trustees 12 ENLARGING. (5'ee Site.)' ERECTION. (5^6 House.) EV'IDENCE, on oath before school section auditors 34 on oath before arbitrators 47 EXAMINATION, of pupils each term 65 of schools by inspectors 69 EXECUTORS, as well as testators, liable. for rate on non-resident land. . 77 estate in hands of liable 77 EXERCISES in school, religious 79 EXPEDIENCY or lawfulness of trustees' expenditure 35 EXPCJLSION of pupils C>9 lilXPENSES, definition of school, in rural sections 22 trustees shall determine school 22 of school to be collected by trustees' authority 27 FALSE declaration of right to vote 39 FEES payable by non-residents 22, 27, 32 collector's. . . ; 26, 74, 75 FELONY or misdemeanor, trustee convicted of, efifect . 7 FENCE round school premises 17 FINANCIAL REPORT. (See Auditorh, Annual Reports.) FINE, for refusal to serve as trustee 7 for neglect of duty by trustee 7 FIRST school meeting, notice in regard to 72 FORM of declaration required fiom school electors 39 of declaration of office oi rural trustee 7 of bond of collector or secretary-treasurer 27 of debentures for trustees' lonus 27 of deed for site of a school 'louse, teachers' residence, &c 17 of agreement between trustee and teacher 57, 67 of notice of annual meeting 38 of notice of quarterly examination 65 for taking school census 54 ANALYTICAL INDEX. FOnU— {Continued). 01 wjirraut for coHcction of school rate 91 PA'JK. of estimate requisition to council 27, 3<) FREE SCHOOLS, establishment of, by statute 78 free public school libraries 2*2 FUEL. (SeeWxHMiSG.) providing, for school 19, 22 trustees agreeing to furnish a teacher M'ith, must be applied to for 6'^ charge for, must be provided by rate 45 FURNISHING furniture for school house 21 GROUNDS, school house, to be kept in order 1(> HALF-YEARLY Report to be made by trustees to inspector 23 trustees personally responi ible for not making Visit of inspectors HEATING school house. {See Fuel, Wakming.) HOLIDAY'S AND VACATIONS : no deduction can be made from teacher's salary for legal regulations in regard to every Saturday is a holiday HOURS of opening and closing school meetings 38, of teaching HOUSE, School, kind of 17, form of deed for second in a section 23, not liable to be sold under a judgment care and repair of separate entrance to exempt from taxation contracts, for school, require seal submission to electors of section of proposals for trustees alone may build or rent trustees may levy rate to build not required, may be disposed of warming, sweeping and cleaning 19, trespass on, proper remedy for use of, for other than church purposes renting, repairing, furnishing &c township councils can levy rate for special expenditures for legal decisions, respecting limitations as to expenditures for For teacher's residence, provision for ILLEGAL ACTS, of trustees, no rate can be imposed for defending .... INDIVIDUAL responsibility of trustess. (.^ee Trustees.) 3(> 3(; 69 6r> 81 81 41 6(» 18 17 28 20 19 18 21 19 21 19 19 49 CI 20 20 19 2S 29 19 29 19 92 ANALVTICAL INDEX. TAOK. I XJUKY to scliool property 60, 61 INSPf'XJTOR, i)ul)lic school, cannot be a trustee or te.acher 56, G!t duty Jind general powers of 6!> duty and authority of 6i) copy of jirocecdings of all school meetings to be sent to 44 may call special school meeting 38 decide school elocton complaints 4'.i no api)eal from decision of, to Minister 44 may consent to estabishment of a second or female school 23 trustees to give orders on 23 trustees to make half-yearly and yearly reports to 23 to ai)point a school auditor in certain cases ."3 may call meeting to select school site 4(5 to be or appoint arbitrator as to school site 4(> to be remunerated for arbitraticm, &c 4(5 duty in forming school sections in unorgan" jd townships 72 to furnish township elerli with certain in' .nation D!) to be furnished with information by master or teacher 0() not to hold certain offices 60, SO not to act as agent for sale of books, &c SO to apportion, but not pay, unless trustees make average return. ... SO to give cheques to qualified teachers only 70 when orders to be withheld by 80 to visit each school once in each term (>'> not to give any notice of school visit 6!) to examine into state of school OO authority of, in a school 60 procedure in visiting schools (>!) in'-ercouse with teachers and pupils 7*' see to compulsory attendance of children at school 70 allow teachers to visit other schools 70 prj raent to superanuated teachers' fund 67, 68 verify attendance of pupils 71 check by, against incorrect returns 71 appeal from school section auditors 43 to see to observance of lawful regulations 71 to act according to law and regulations 60 to decide disputes 44, 60 may Si spend teacher's certificate 71 to give temporary certicates to teachers .... 70 signing agreement with teacher 63 decide as to non-residents' liability 32 inspection of schools by , 69, 70, 71 INSTITUTES, aid to SI ANALYTICAL INDEX. 93 va(;k. JUDGES, count}', to decide in Division Court disputes between trustees and teachers fiCs ai)i)lieation to, and hearing of complaint by, against secretary- treasurer '24, '2.') LA.ND taken for school site . , 4t> LAWFULNESS of school trustees' expenditure ; auditors' duty o.> LEGAL decisions. (S<:e Dkcwions.) LIABILITY of school collectors 7"> of iion-residents' proiMirty '2C:, 32 LIBRARIAN, rural trustees to apjwint 2'2 teacher to act as (>l LIBRARIES, trustees to establish in school section 22 trustees may purchase books for S7 fees for oiiargeable on non-residents 22 LOAN by trustees to be authorized by township council 27, 2S by council to trustees 27, 28 autliority to raise a rate to pay off 28 LORD'S PRAYEIi to be used in daily religious exercises 7i> LOST moneys, trustees responsible for 84 MAJORITY of trustees, acts of the, binding on the school corporation. . 15 MAKING and publishing .an award 47, 48 MANDAMUS. {See Wkit ok Mandamus.) MASTERS. {See Scuooij Te.vciieks.) and Servant Act does not apply to teachers (ui and teacher, distinction between T)? MEETINGS. (6Ve SfuooL M eetinus. ) - MI-NISTEJi OF E UUCATION. no api>eal to 44 MINUTES of pi-oceedings, copy of, to be sent to inspector 41 MODEL school, boanl of examinere in county may establish 81 established by county ucjard of examinei-s 81 MONEY. (.SVf- School Funi>, School Moneys.) lost, trustees' resix>nsibility for 34- may bo lent by niunici{xalities to trustees 27, 28 MONITORS in schools 51) MOTIONS at school meetings should be seconded 42 may be reconsidered or rescinded 41 order of putting 42 MUNICI I'AL. {Ste Township Council. ) accountability of treasurer for school moneys 30 authorities may loan money to school trustees 27, 28 mandamus to corporation 31 NEGLECT of duty by trustee 11, 14- to make verbal declaration of office by rural trustee . . . . . 7, 35, 4i 94 ANALYTICAL INDEX. PAOK. NEW SCHOOL SECTIONS, magistrate anil inspector in unorganized townships . . 72 NON-ATTENDANCE of three months will cause vacation of trustees' olfico 7 NON-RESIDENCE, bar to acting as trustees 7 pupil clelined 22, 31 NON-KESIDENTS. (See Apphentices, &c.) detined 31 collection of fees chargeable on 2(5 rights of 32 authority of trustees in regard to 32 how to proceed against 26 fees chargeable on 22, 27, 32 goods and chatties of, liable to seizure 26 liability of, if owning taxable property 32 legal decisions in regard to rates of 30, 75 uncollected rates of, return of 75 law relating to, does not apply to separate school supporters 32 lands of 32 trustees to collect rates of 26, 27 inspectors to decide as to distance from school 32 children of, to be returned as pup "s in their own section 32 liable in their own section, but may send to any section taxing them 32 Land, executors liable for school rate on 77 NOTES of hand not to be issued by trustees 10 of hand no payment of school rate 75 NOTICE. (.S-eeFoRM.) of annual school meeting 38 of special school meeting 44 to inspector of tlie proceedings of school meeting 41 by two electors in case of neglect to call meeting 38 of trustee meetings to all members of the corporation 9 of action, individual, trustees and collectors entitled to {See Cor- poration) 11, 15, 16 of the school visits of inspector should not be given 69 OATH, school section auditors n;ay require evidence on 34 OMISSIONS in tax roll, how remedied 73 ORCHARD. {Sre.SvvE.) ORDER, rules of, for school meetings 40, 41, 42 ORDERS for school fund by trustees 23, 36 PARENTS OR GUARDIANS, tax upon, unlawful 76 protection of, respecting religious instruction 79 PAROL, award, (See Award.) ANALYTICAL INDEX. 05 PA OK. PENALTIES. (.S-f-eREScoNsiDiLiTY.) ON Trustees, for refusing to serve as trustee 7 in case of neglect to exercise corporate powers 7, 10 for neglecting to forward to inspector returns 41 for losing school moneys through neglect of duty 34 for refusing information to auditors 34 for signing a false report 11 for non-observance of regulat'ons 10 on chairman for not sending to inspector copy of school meeting proceedings 40 for false declaration of right to vote at school meetings 39 on secretary-treasurer, for refusing to account 24 on teacher, for refusing to deliver up school property 65 on any person for disturbing a school or school meeting 80 PLAY GROUND required 45 POLICE MAGISTRATE and compulsory education 55 POLL hours at school election 38 POWERS OF TRUSTEES. {See School Trustees.) PRESENTS, subscriptions, &c., to teachers forbidden 63 PROCEEDIN(JS of annual meeting. (See Meeting.) PROxMISSORY NOTES, trustees may not issue 10 no payment of school rates : 75 PROTECTION of trustees, collectors and magistrates 11, 15, 10 PROTEST at school meetings 41 PUBLISHING, and making an award 47, 48 PUPILS. (A'c Examination, Teachers.) resident, between 5 and 21 to be admitted to school 17 non-resident, where to be I'eturned 31 suspension of, by teacher 58 expulsion of, by trustees 50 to be classified 59 not obliged to attend religious exercises 70 trustee? cannot be compelled to admit unless accommodation ade- quate 21 QUALIFIED TEACHERS only to be employed 36 truseees' orders to be given to, and to no others 23 definition of the term 10 RATEPAYERS. (See School Meeting.) consent of, not necessary for school rates 28 RATES, school \nd collector's, legal decisions respecting 15 et aetj. trustees may levy at any time 76 who are liable for 78 for what, may be collected 29 note of hand, no payment of 75 collector shall call for 27 i,>, ;: ii i 'if 96 , ANALYTICAL INDKX. VM.K, HATES— (Co»/(/*i/(''/). on non-reaiilciits, liow collected 20 on parents and guardiiiii';, except of noii-reaident children, unlawful 7t"» cannot be levied to pay unciualified teacher 63 unpaid, how oljt.-vined 74 appl' j..oion to township council to collect 29, 30 on supporters ()f separate schools 78 cannot be levied to defend illegal action or excessive interest .... IS cannot be levied, trustees' claim (exception) 20 requisite of warrant for 77 trustees', mode of collecting 77 extension of time for collecting 75 form of warrant for collection of 77 overdue may be collected by trustees 7<) non-resident, uncollected, how obtained 20, 27 testator's estate liable for in executors' and devisees' hands 77 application for, to be made to council before August 3(l vote of paj'crs of, unnecessary 28 mandamus for 31 (See Sr-HOOL Trustees, Township Councii..) IlEOONSIDP]R MOTION, at school meeting 41 REFUSAL to act as trustee (See Trustees, Penalties) to account 34 ■EEGISTEUS (See Teachers, School Trustees), school trustees to pro- vide 23 REGISTRATION of title to school site 17 REGULATIONS, SCHOOL : penalty for non-observanse of 10 RELIGIOUS iNsrRUcriON, children to receive such, as parents desire. ... 79 pupils not required to attend 79 regulations with respect to 79 weekly, by clergyman 79 Exercises, opening and closing each day 79 RENTING. (See House.) REPAIRING school house authorized 10, 19 REPLEVIN (See Decisions), definition of 51 REPOIvT. (See T/iustees, Auditors, Ijspector.) " REQUIRED, When no lonoer," phrase explained 49 RESCIND resolution of former school meetings 44 RESIDENCE, trustees may erect teacher's .... 19 township council to raise money for teacher's 27 RESIDENT. (See Non-residents, School Rates.) delinition of, and non-resident 31 and uon-resident rates 22 pupils between five ahd twenty-one to be admitted to schools .... 17 school accommodation for, children 17 20 7() 63 74 30 78 78 20 77 77 75 77 7<5 27 77 30 28 31 41 34 23 17 10 79 79 79 79 79 49 44 19 27 31 22 17 17 ANALYTICAL INDEX. 9" I'Afir. llESIfi NATION of office by trnsteo proviilcil fo 7 IIE80LUTI0N (See School Meetino.) IIKSI'ONSIBTLITY, TERSONAL. (See rr.NAi.iiKS, Decisions, Turs- TFKH, TRj:ASURril,) ItETIIJKMEN'r of scliool tnisteea HE'I'IiaN( i TIUTSTI'lE, power of 9 llETUUMNd OFFICER, duties of, at school elections 3!) penalty on, in certain cases 59 RIGHT to vote. (Sec Vote.) of children to attend school 54 ROLL, .-assessors and collectors'. (See Collector.) 28 itOMAN CATHOLIC SEPARATE SCHOOLS. (See Sepakatk Schools.) Ii0( )MS, size of school ^^ IW LES OF ORUEIl for rural school meetings 40, 41, 42 SALARIES. (.St'c Teachers, iNsPECTons. ) SALE of school site and premises authorized. (See Site.) SATU RDAY, every, is a holiday 81 SCHOOL, all free ''^ must 1)0 kept open by trustees 9 •who has rigiit to attend "8 additional ~'^ Arbitrations. (See AwARm, Arbitrators.) ASSKS.SMEST. (See Countv xsd TowNSiiir Council, School Trus- tees.) Special township for school .... 29 Books. (See Books, Text Books. ) Collixtors. (5ce Collectors.) CoRVORATION. (See CoRVORATIoy.) ]:m;ctions. (See Elections.) i: LECTORS who are and form of declaration required from 39 Exi'EN'SES, how provided for -I > ^ ' how provided for in cities, towns and villages 7() trustees, sole judge of expediency of •^•> Fees. (5'teFEi;s.) Fund, qualified teachers only entitled to 23 may bo withheld, unless regulations are complied with 80 what are lawful *^'' responsibilities of certain parties for loss of. (See Penalties.) House, (ft-e House, School Trustees), decisions respecting 19, 195 holidays ^^ restrictions on use oi ^"^ care and repair of Libraries. (-SVe Libraries.) Meei'IXCJ, annual, when held and time of day 38, 41 electors at, defined •^• , . „„ . 39 chairman at % >li ill :Sl 98 ANALYTICAL INDEX. rAciK. SCHOOL Mf.f.tinu— (Con/iHiw/). chairmau, duties ot 39 secretary duties 39 secretary, duties of , 40 jKiwer of as to awards 4!) lirst in new school section 40 three trustees to be elected at first 42 trustees, declaration of otftce 42 order of busiuess and rules to be observed at 42 mode of putting motions and of recording votes at 40 adjournment of annual or special (difference) 41 popy of proceeding of, to be sent to inspector 41 special meeting may rescind resolution of 44 may reconsider motions at 41 what a special meeting can do 44 truste js to present report at annual 42 auditors to be appointed and to report at annual 42 why are and who are not legal voters at 3!) declaration required from voters , 39 protest at 41 trustees to give public notice of every ordinary 3:J mode of calling a special 44 mode of calling when not called by trustees 38 may be called by inspector 38 to select school site 45 place of annual, to be appointed by the trustees, &c 38 2)enalty of trustees for not calling certain II complaints cannot be entertained unless made within twenti/ days. . 41 penalty for disturbing ... : 80 what school meeting cannot do 44, 51 (/See Auditor, Chairman, Free Schools.) Moneys, (.^cc Penalties, Secretary-Trkascrkr, Trustee.) Notice. (See Form, Notice.) Premises. (See House.) Property, trustees to acquire and hold 16 vests absolutely in school corporation 16 Rates. (See Rates.) Register. (See Rfgister.?..) Section Auditors. inspector to decide difference between 43 Sections. (See Alteration, Union Sections, Township Council. ) altered school, who are trustees of 8 liability of original, for its debts 8 Site. (See Site.) Tax on parents and guardians unlawful 76 Teacher. (.S'ee Teacher.) ANALYTICAL INDEX. 99 PAOK. 39 39 40 49 40 42 42 42 40 41 41 44 41 44 42 42 39 39 4L 3S 44 38 38 45 38 11 41 80 51 43 8 8 76 81 {See. Form, Pknaltieh. RKsivNsimuTY, 43 43 21 142 ^CEOOh— {Continued). TKRMa Trustkkk Rukai. Sciiooi-. ScHpOIi H ATEH. ) detinition of a DlTIES. (5^e« TOWEHH.) who may and who may not be 6, legal decisions respecting 9, 11, election of, in each section, mode of ... . 43, how office vacated • who are of altered school sections 8 ^ duty as to school site 12, 16, 46, 51 may sell school site when 17 power to enlarge school site 49 cannot contract with member of school corporation 13. 3(i entitled to notice of action 1 1» 15, 16 school house cannot be sold under a judgment against 20 action against in regard to school site 53 access to assessment roll 77 in unorganized townships ... 72 election of 39, 40, 41, 42, 43 term of office in rural section 8 not to hold office of teacher or inspector 56 powers and duties 5, 6, 14, 16, 21, 22. 23, 32, 33, 35, 49 personal liability of 9 legal decisions respecting 1 1 must take security from secretary-treasurer and collector 36 must keep school open 36 power to make contracts ^4 refusal to account 34 responsibilities of ** cannot be compelled to take office after four years' service expired, 37 power of retiring ' 9 • penalty for refusing to servt- as 7 must call school meetings 35 removal of, or non-attendance of three months, vacates office 7 report to be submitted to annual meeting 42 must be resident assessed freeholders and householders 6 may resign 37 verbal declaration of office 7, 35, 42 are a school corporation 14 cannot perform acts of banking !*> meetings, notice of, to all members of the corporation 36 two cannot act without consulting third 9, 15 to take possession of and hold school property and keep in repair, 16, 19 to provide apparatus, books, &c 21, 36 t!i il 1^ r ill 100 AN'ALYTICAL IXDEX. PAGE SCHOOL ]')VTiKr.— {Continued). can sue for trespass ' 20 to do -svhat they deei/i expedient with Iniilding, renting, &c 19 niust use eorporate seal in all official acts « 30 contract under corporate seal binding 9, 10 to provide additional schools when re(|uired ... 3 may establish a female school , 24 powers and duties respecting school teachers 21 alone can employ teacliers 3(5 may be sued for refusal to give order to teacher G3 to give orders to qualilied teachers only 3, 3() may erect teacher's residence 19 to provide for salaries and expenses 21 may levy school i-ate at any time 7l> rate may include costs of, for defending legal but not illegal acts . . 77 warrant, form of, and signature to 27 to iuake out roll and collector's warrant 27 mode of collecting school rates from residents and non-residents . . 27 may apply to municipality or levy rate themselves 19 form or mode of application to township council 27, 30 to make return of rates to municipal clerk 3(> to admit to school, residents between 5 and 21, aiul to maintain school 3G duty in regard to compulsory education 30, 5") duty as to absentees 5.") to have lined, or charge fee for, absentee pupils 30 annual report of ... . -12 to visit schools, and for what 22, 30 to provide register and visitors' bo(;k, &.c 23, 30 Masters and Servants Act does not apply 03 authority in regr.rd to non-residents 32, 31) are sole judges of expediency of expenditure 3") to ju'osecute illegal voters at school meetings 3.") approval reipiired before master can expel |iupil 59 cannot receive school moneys (unless secretary -treasurer) 12 * mandamus to 31 dissent of, as to school site ')3 to see that authorized text books are used 22, 36 to establish school section libraries and apjjoint librarians 22 responsibility of, Tor lost money, &c 31 to prepare and read report for annual meeting 42 contents ,f annual report 43 to make ha>f-i/carl>/ report to inspector 23, 36 to make annual report to inspector 36 nnist exercise corporate pc^vers , 11, 14, 30 should appoint auditors 3, 3, 30 ANALYTICAL INDEX. 101 PAOE. 3(5 oo 3i 4-2 43 30 SCHOOL Duties— ;CoH