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I' 
 
 V 
 
 Entered according to Act of the Parliament of C«nidj; 
 i» ih» y«a»- 1338; by Arshur Lawr«n©9 WtUflao, R^ 
 «lt the Oeputmenft of AgcieiittHM. 
 
y 
 
 13 
 
 Hssessmerit J\et 
 
 Public Schools Act and 
 Separate Schools Act . . 
 
 CONDENSED AND CLASSIFIED 
 
 BY 
 
 ARTHUR L. WILLSON, R.A. 
 
 AUTHOH OK MtiNICIPAL WoKKS 
 
 
 TORONTO 
 
 SHEPARD BROS, ik CO. 
 PRINTERS 
 
Preface 
 
 The age of verbosity in literary productions is being sup- 
 planted by an era of brief and comprehensive language, more 
 suited to the requirements of the public. 
 
 Correspondence must be concise and less words used to 
 eulogize a hero or depict a villain, while " legal representatives" 
 convey to the mind all that is embodied in " heirs, executors, 
 administrators and assigns." 
 
 In presenting to the busy public the important enactments 
 relating to " Assessments " and taxes, " Public and Separate 
 Schools " we have endeavored as in the preceding work resi)ecting 
 " i\lunicipal Law" to eliminate all verbiage and set forth in a 
 concise manner, each section of the several Acts, retaining as far 
 as possible the original text. By means of a classifying index, all 
 the provisions of these several Acts are so arranged that the 
 reader may in a few hours obtain a fair knowledge of the law 
 pertaining to the municipality in which he may be more parti- 
 cularly interested, whether a City, Town, Township, Village or 
 
 County. 
 
 The Author. 
 
/ 
 
 The Trusts Corporation 
 
 OF* ONTARIO 
 
 Offices and Safe Deposit Vaults; 
 
 BANK OF COMMERCE BUILDING 
 KING STREET, TORONTO 
 
 Capital, - - S1,000,000 
 
 Hon. J. C. AIKINS, P. C President 
 
 Hon. S.C.WOOD • • • ^ I Vice-Presidents 
 
 W. D. MATTHEWS, ESQ. . . S 
 
 BARWICK, AYLESWORTH & WRIGHT, General Solicitors 
 
 Under the approVdiX of the Lieutenant-Governor in Council, the Cor- 
 poration is accepted hy the High Court of Justice as a Trusts Company 
 for the purposes of such Court, and may be appointed to and undertake 
 any of the following offices, viz : — <«^ 
 
 Executor, Administrator, Trustee, Committee of Lunatic, 
 Guardian, Receiver, Assignee, Liquidators, &c. 
 
 Acts ap A Kent for EXECUTORS, TRUSTEES, and others. 
 
 • Accepts and Executes TRUSTS of every description from Courts, 
 Corporations and Individuals. 
 
 Bonds, Debentures, Stock, etc., issued and countersijned . 
 
 Estates Managed. Rente, Interest, Dividends, ttc, collected. 
 
 Moneys received and carefully invested. 
 
 All Trust Investments are separate and d'Stinct from the assets of the 
 Corporation. 
 
 Sinking Fundx Invested. Undoubted Security. 
 
 Safe Deposit Boxes to rent, easily accessible, absolutely secure. Bonds 
 and all other securities guaranteed if necesSary . 
 
 Wills appointing the Corpoi'ation Executors and T u ees are received 
 for safe custody, free of charge. 
 
 Solicitors bringing Estate or other business to the Corporation are retained 
 to do the legal work in connection therewith. 
 
 Correspondence Invited. A. E. PLUMMER, Manager. 
 
CLASSIFIED INDEX 
 
 -TO- 
 
 Willson's Condensed Consolidation of the "Assessment," 
 " Public Sciiools" and "Separate Schools" Acts 
 
 Enactments ClassWetl as sbown hy dots under the several headiiigis 
 
 thus {" ) 
 
 a 
 
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 K C 
 
 Inter preta *ion 'i 
 
 Unoccupied land when " Non-resident," H 
 
 Owner may have name entered on roll 4 
 
 Hallways lands non-resident, when S 
 
 Taxes to be levied eriually ti 
 
 Taxable projierty and exemptions V 
 
 Farm lands in Towns and Villages "! a 
 
 Income exemption 8 
 
 •Owner of realty out of Province !» 
 
 O wner of personahv 10 
 
 Superior Courts Offlcers' exemptions abolished 11 
 
 Assessors and Collectors 
 
 Appointment of 12 
 
 Assessment districts iii 
 
 Duties of Assessors 14 
 
 Clerk lo make return of steam boilers ; 14 
 
 Separate School supporters 14 
 
 Farmers' sons, Interpretation 14 a 
 
 Manhood suft'iape votei 8 14 b 
 
 Children of school ape 14 c 
 
 Census of children 14 </ 
 
 Mode of assessing land lf> 
 
 When occupied by owner Ifi 
 
 When owner known but not occupant 17 
 
 When owner resident in Province but not in Muni- 
 cipality 18 
 
 When owner not resident In Province 10 
 
 Land purchased from and mortgaged to the Crown V.'a 
 
 Land assessed aD:j,lB8t owner and occui)ant siO 
 
 Ratepayer to be counted only once '■iO 
 
 Land occupied by several persons 21 
 
 (Sections 22 and 23 repeated) 
 
 Dcductinp taxes from rent 24 
 
 If required, non-residents to be noted X.R. on roll. . 25 
 
 Property, how estimated 26 
 
 Vacant "land, how calculated 27 
 
 Land held for gardens, summer resorts, etc 28 
 
 Railway Companies' statements 29 
 
 Toll roads 2"a 
 
 Toll roads owned by Counties or Cities 20 b 
 
 Shares In toll roads exempt 29 c 
 
 N3n-res\dent lands 30 
 
 Income from trade or profession 31 
 
 •Assessment of merchants 31 <* 
 
 Beneficial owner of shares 32 
 
 Resident and N.R. personalty assessable 33 
 
 Personal property of companies ^ 34 
 
 " of partnerships 35 
 
 " " in trades and professions, etc... 3ti 
 
 " '• when no place of business 37 
 
 Salaries 38 
 
 Agent assessable for personalty, when 39 
 
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11. 
 
 INDEX. 
 
 Assessment of joint owners 
 
 Executors, KUiirdians. trustees, etc 
 
 Jr'articulars to be furnished to assessoi 8 
 
 Statemen*, to be furnisheit to assessors 
 
 Statement not bindinR 
 
 Penalty lor refusal or false statement 
 
 Assessor to give notice ol assessed valu 
 
 Notice of assessment to Separate School supporters 
 
 Assessor guided by index book 
 
 Assessment roll when to begin and complete '. 
 
 When to be delivered to Clerk 
 
 Procedure of Assessor in assessing 
 
 Assessment in Cities, Towns, etc 
 
 Payment of taxes I'y instalments 
 
 County Councils may regulate time for assessing.. 
 
 Court of tizvision. Five or more members 
 
 In Cities having .'W.ooo population 
 
 Oath of member ot Court t f Kevision 
 
 Quorum (tive members) 
 
 TheCl'jrk 
 
 Meetings ot Court 
 
 Hearing complaints 
 
 May administer oaths 
 
 Penalty for non-attendance of witness 
 
 Proceedings for trial of complaints 
 
 Roll as tinally passed, bliuling 
 
 Certified copy of roll to be evidence 
 
 Powers of Court of Revision respecting taxes 
 
 Appeals from Court of Revision 
 
 A isessment roll to be produced 
 
 Powers of judge on appeal 
 
 Style of proceedings ; 
 
 Costs to be apportioned by .fudge 
 
 What costs chargeable 
 
 County Judge's expenses 
 
 County .Judge's Decision Hnal 
 
 Copy of roll to be sent to County Clerh 
 
 Appeals when large amounts Involved 
 
 Appeals hy lion residents 
 
 Equalization q f assessment 
 
 A ppeals 
 
 If Clerk omits to send roll to County 
 
 Valuators to report on oath 
 
 Apporti<. nmeiit of rates by County 
 
 New inuniclpali'jies 
 
 Rates for County purposes 
 
 County Clerks to certify to local clerks 
 
 Interest on County debentures 
 
 Statute labour. Kxemptlons 
 
 Who liable 
 
 Power to abolish payment for . . 
 
 No exemption froin tax without certificate 
 
 Liability of persons not assessed 
 
 Power to reduce or abolish 
 
 Scale of statute labor 
 
 Commutation 
 
 Commutation 
 
 Commutation if no by-law 
 
 Farmer's sons 
 
 Statute labor tax. how enforced 
 
 When non-residents may not perform statute Jabor 
 
 When permitted but do not perform 
 
 When statute labor to be entered on roll 
 
 Unincorporated Townships statute labor 
 
 Requisition for meeting in 
 
 How called 
 
 Notice 
 
 Number of commissioners 
 
 Chairman 
 
 Mode of voting 
 
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 Keconl i)f persons voting im, 
 
 objections to viHers. " i\',. 
 
 Term of allice ". }{? 
 
 First nitetinjf '_[[[ ji* 
 
 Perfornuuiee of sinlute labor, tiuie !.'."!!! iiu 
 
 Seale of sliitnte labor 114 
 
 To overset' work .....'.'. 1 ik 
 
 Ooiiiiiiutatio!! .....'.'.".' nr 
 
 New commissioners .'"'. t-,.! 
 
 Penalty for nejjlectinfj: work. ... .'.'..'.'.'.'.■ n^ 
 
 Penalty on commissioners iiHa 
 
 Collection of m<ej(— Clerk •» to make rolls ii<, 
 
 Provincial taxes to l)c collected witli otiie<- rail'-"." ijjo 
 
 Clerk to make non-resident roll lyi 
 
 Collectors— »\\i\\\ collect tlie ta.xi's on roYl'.'.'. ym 
 
 To deniiuid imyment 223 
 
 On non-payment, to levy l)y distress an'rt'saie ".' ' 12.1 
 
 Proceeding's in case of non-residents i^.l 
 
 When CollectoiR nuiy distrain .'. i^lj 
 
 Pnblic notice of sale : ..'.'......'. 127 
 
 Surplus, bow disposed of !!!!!..'." \-m 
 
 Claimants to surplus .".'...... Vi<i 
 
 Wben claim contested '..'.'...........'. VMt 
 
 Kecovery of taxes l)y action .,..','.*.'...... isj 
 
 When to return roll ......'....'. ]32 
 
 When Collector fails to collect ikt 
 
 Fixing' time for return of roll In Cities ............ y.\\ 
 
 Taxes unpaid and non collectable ', 153 
 
 Collectors to bo credited Willi ]36 
 
 Taxes to be a lien on land vx\ 
 
 C:)minissioiier of Crown Lands to furnish lists!..!! 13« 
 
 County Treasurer to furnish copies to local Clerks. vaw 
 
 Arrears of '/'a.ccs— County Treasurer to furnish list ]4ii 
 
 Cler.k topive copies to Assessors, etc 141 
 
 Assessors' certificate 142 
 
 Clerks to certify lands occupied !!!!!!!! Ms 
 
 Where no distress on lands !.!!!! 144 
 
 Statement of local T.ieiSurer to County Treasurer!! 14,'i 
 
 Liability of lands in arrears to be sold 141; 
 
 Penalty on officials for neglect 147 
 
 Collecting taxes after return of roll 148 
 
 Taxes may be remitted on non-resident lands 14!) 
 
 Taxes must not lie received on account LV) 
 
 Treasurer to plve statement of arrears 1.51 
 
 Un|)aid taxes to be entered in a book 1.1!} 
 
 IMsunion of uniteil municipalities 1.53 
 
 Lands not assessed I.'i4 
 
 County Treasurer to correct errors i.^,"! 
 
 Pretended receipts, &c iSt; 
 
 Ten per cent, to be added l.f,7 
 
 When distress on non-resident lands i.'is 
 
 When natented lands lial)lc to taxation i.5>) 
 
 Sale o.r lands jor taxes due three years 1(» 
 
 Council may extend tluie IBl 
 
 County Treasurer's duty as to sale : i(i2 
 
 " " lands he may sell 163 
 
 " " to advertise and make list 164 
 
 Notice in advertisement : ins 
 
 Time of sale : ItiH 
 
 County Treasurer to jiost notice iCT 
 
 Expenses to be added to arrears 16« 
 
 May adjourn sale 16!) 
 
 How lands shall be sold 170 
 
 Shall only sell interest of occupant 171 
 
 Sn le of c(|uity of redemption 171a 
 
 When purcha,8e money not paid 172 
 
 Sale not to atTect col lection of other rates 172a 
 
 CerUtU-ate of Sale - Tax Deed 173 
 
 Purchaser to be deemed owner, when . 174 
 
 When purchaser shall cease to have ri^rhts im 
 
 Treasurer's commission 17« 
 
 
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iv. 
 
 INDEX 
 
 Fees ,, . 
 
 Other expuiiaes " 
 
 No other fees allowed 
 
 Owner may redeem within one year 
 
 Deed of Sale, If not redeemed 
 
 Meaning of words "treasurer" and"waiden" 
 
 Contents of deed and effect 
 
 Deed to ; B registered within 18 months 
 
 How Rex Istrar to register hefore 1861 
 
 Sheriff's certlHcate iiutween l«fll and :««l 
 
 Treasurer to enter sales in hook 
 
 Deed to be binding if not redeemed in one year.. . 
 
 Deed to be valid if not quegtloned . ^r 
 
 Deeds to be valid If sale valid 
 
 Rights of entry adverse to purchaser 
 
 Incorrect description of land 
 
 When plaintiff not tenant In fee .\ 
 
 When any person may pay Into court 
 
 How owner can obtain suvh moneys 
 
 How value of Improvements can be obtained 
 
 Provision as to costs when land ami improvements 
 
 in question 
 
 Tax purchaser to have Hen on land.!. 
 
 Contract between purchaser and owner valid 
 
 Wlien owner has occupied since sale *. . . . 
 
 Prei-edlng 11 sections not to affect purchaser's title 
 Construction of "tax inirchaser" and original owner 
 Local Councils responsible for deliciency in taxes. . 
 
 Collection of arrears '.n Cities and Towns 
 
 County Treasurer to keep triplicate receipt books 
 County Treasurer to supply list of arrea'S to 
 
 Treasurer of new town 
 
 New municipality, bow arrears collected 
 
 Who to enforce oollection 
 
 When returns made to Treasurer before separation 
 
 Non-resident land fund 
 
 Treasurer to open accounts 
 
 Dissolution of united Counties 
 
 Collection of taxes in new municipalities 
 
 Appropriation of non-rasident moneys 
 
 Debentures issued on credit of N.-R. land fund 
 
 By whom negotiated , 
 
 Provision for payment 
 
 Surplus to be divided among rAunlclpalltles 
 
 Treasurer's percentage 
 
 Treasurer's annual statement 
 
 What it shall contain 
 
 Arrears to form one charge on land 
 
 Securities by Treasurer's and Collector's 
 
 Bond with sureties 
 
 Penalty for non-performance of duties 
 
 Oth«r Assessors may be appointed 
 
 Penalty for fraudulent assessment 
 
 Evidence of fraud 
 
 Punishment of culpable Assessor 
 
 Penalty for not completing rolls In time 
 
 Compelling Collectors to pay over collections 
 
 Proceedings on default of Sheriff 
 
 Payment of money collected for Province 
 
 Moneys for County purposes, etc, 
 
 Treasurers and Collectors to account 
 
 Local Treasurers to pay County Treasurer 
 
 Mode of enforcing payment 
 
 Treasurer to pay over Crown moneys 
 
 Municipality responsible 
 
 Treasurer responsible to County 
 
 Treasurer's bond to apply to school moneys 
 
 Municipality responsible for Treasurer 
 
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 178 
 
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 180 
 
 43 
 
 
 
 181 
 
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 183 
 
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 187 
 
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 44 
 
 
 
 1!»3 
 
 45 
 
 
 
 1!)4 
 
 45 
 
 
 
 19.") 
 
 46 
 
 
 
 Iit6 
 
 45 
 
 
 
 197 
 
 45 
 
 
 
 198 
 
 46 
 
 
 
 19!» 
 
 41! 
 
 
 
 200 
 
 48 
 
 
 
 W)l 
 
 46 
 
 
 
 202 
 
 46 
 
 
 
 203 
 
 46 
 
 •' 
 
 H 
 
 204 
 
 47 
 
 i4 tk 
 
 
 205 
 
 47 
 
 
 
 206 
 
 47 
 
 a 
 
 
 207 
 
 47 
 
 ki 
 
 tl 
 
 208 
 
 47 
 
 it 
 
 i* 
 
 209 
 
 48 
 
 n 
 
 v< 
 
 210 
 
 4a 
 
 n 
 
 • 4 
 
 211 
 
 49 
 
 
 
 212 
 
 49 
 
 
 
 213 
 
 49 
 
 li 
 
 a 
 
 214 
 
 49 
 
 kl 
 
 4i 
 
 21.5 
 
 49 
 
 
 
 216 
 
 49 
 
 
 
 217 
 
 50 
 
 
 
 218 
 
 60 
 
 it 
 
 a 
 
 219 
 
 60 
 
 
 
 220 
 
 50 
 
 
 
 221 
 
 60 
 
 
 
 222 
 
 60 
 
 
 
 223 
 
 50 
 
 11 kl 
 
 It 
 
 224 
 
 .51 
 
 kl kk 
 
 t4 
 
 22,5 
 
 51 
 
 kk kk 
 
 u 
 
 226 
 
 61 
 
 kk kk 
 
 u 
 
 227 
 
 61 
 
 H kk 
 
 n 
 
 228 
 
 61 
 
 kk u 
 
 ik 
 
 22)1 
 
 .51 
 
 kk kk 
 
 • i 
 
 23(> 
 
 .51 
 
 kk it 
 
 1% 
 
 2311 
 233/ 
 
 51 
 
 kk kk 
 
 (i 
 
 2341 
 i99f 
 
 51-62 
 
 kk kk 
 
 tt 
 
 240 
 
 52 
 
 .k i. 
 
 
 241 
 
 62 
 
 kk 
 
 It 
 
 242 
 
 62 
 
 kf 
 
 44 
 
 243 
 
 .52 
 
 kk 
 
 44 
 
 2441 
 245) 
 
 52 
 
 kk 
 
 44 
 
 246 
 
 52 
 
 kk :k 
 
 
 847 
 
 62 
 
 kk k> 
 
 
 248 
 
 53 
 
 kk kk 
 
 
 249 
 
 63 
 
 n n 
 
 
 250 
 
 63 
 
 <k kk 
 
 
 <« a 
 
 s a 
 
 > 8 
 
 e 
 
 e 
 o 
 
 at 
 
 at 
 
 t« 
 tt 
 ti 
 t> 
 li 
 II 
 II 
 If 
 II 
 II 
 II 
 II 
 II 
 11 
 II 
 II 
 
 >l 
 II 
 
 "> .a 
 £ o 
 
INDEX. 
 
 V. 
 
 i 
 
 >i 
 
 
 e 
 
 £ 
 
 s 
 
 ^ 
 
 o 
 
 ,0 
 
 o 
 
 S s 
 
 > 5 
 
 Penalty for tearing down notices 251 53 
 
 Kec-overy of flnei jj^g J 5.H 
 
 Inconiiitent Acts repealed 2M 53 
 
 Proviso j(56 53 
 
 2 1 
 
 m 
 a 
 o 
 
 3 
 
 o 
 
 *( It a u u tk 
 
 u It it th II li 
 
 II II II U II II 
 
 O 
 
 Oi 
 
VI. 
 
 INDEX. 
 
 PUBLIC SCHOOLS 
 
 o 
 <u 
 
 Interpretation 1_2 
 
 Itetfiilationg under 54 Vic . C. 54 to a,i;)Iy ......... .") 
 
 R. O. S. S. supporters not liable for P. S. rates 4 
 
 Kxistlnpr arranpemc'its c-ontinued 'i 
 
 \11 Public Schools to b<i Ire ; « 
 
 lieliKious exe cises .'" 7 
 
 Continuation classes H 
 
 School incorporations and trustees <) 
 
 Union of Public and Hiprh School Boa.ds 10 
 
 Township School sections , 11 
 
 Who may vote la 
 
 Annual meeUnp-i when lield, etc 13 
 
 Election proceedings 14 
 
 Vacancies in ollice of Trustee.. 15 
 
 Organization ".. le 
 
 Security by Secretary-Treasurer 17 
 
 Duties of Secretary-Treasurer I8 
 
 Acts of Tiustees when lawful 11) 
 
 Admission of I'ural school children to urban school no 
 
 Appointment of Auditors 2I 
 
 Duties of Auditors .' 2a 
 
 Powers of Auditors '.['. 23 
 
 UnorB-anized Townships 24 
 
 Court of Revision or Inspector 25 
 
 Assessment roll and appeal 26 
 
 Schools in unorganized Towiships 27 
 
 School Collectors gv, 
 
 Township School Boardi ..'. 29 
 
 Disestablishing same ." so 
 
 School sites 31 
 
 When ownar refuses to sell 32 
 
 Axvard to constitute title 83 
 
 Limitation of School site [[ 34 
 
 Enlargement of Schoo' site '.',,[ 35 
 
 Who may convey ^ ^ 
 
 Surveyor's certificate to act as sole arbltrat'ir! .'.'.'.. f •'"■' 
 
 Responsibility of Trustses ,17 
 
 Township CaiuK 11 by-laws 38 
 
 Appeal against \\\ 39 
 
 Conflicting claims between sections.. 40 
 
 Disposal of School property '." 41 
 
 Union sections p'-lor '.o Ist April , ISWi 42 
 
 Formntion. alteration and dissolution of unions 43 
 
 Appeal to County 44 
 
 Appeal to Minister of Education 45 
 
 Collection of rates 46 
 
 When Municipality divide.^ .",',' 47 
 
 
 
 
 
 
 
 s 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ..^ 
 
 
 
 
 
 
 
 a 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 s 
 
 
 
 
 0. 
 
 
 
 13 
 
 
 
 
 j= 
 
 >> 
 
 0) 
 
 **■* 
 
 
 
 
 
 *^ 
 
 
 
 to 
 
 >, 
 
 is 
 
 t; 
 
 3 
 
 rt 
 
 
 a 
 
 .!_! 
 
 
 
 
 
 
 
 ..M 
 
 ..^ 
 
 a. 
 
 
 
 H 
 
 H 
 
 
 > 
 
 Hg 
 
 55 
 
 " 
 
 ii 
 
 i( 
 
 ik 
 
 u 
 
 
 55 
 
 
 
 
 
 
 
 55 
 
 11 
 
 u 
 
 ik 
 
 
 •> 
 
 
 55 
 
 4<. 
 
 It 
 
 »' 
 
 
 il 
 
 
 5(; 
 
 il 
 
 i • 
 
 li 
 
 
 li 
 
 
 5(i 
 
 11 
 
 " 
 
 il 
 
 
 " 
 
 
 m 
 
 tk 
 
 
 ^* 
 
 
 14 
 
 U 
 
 M", 
 
 (i 
 
 " 
 
 ;i 
 
 
 11 
 
 
 57 
 
 tt 
 
 '• 
 
 it 
 
 
 ik 
 
 
 57 
 
 
 
 *• 
 
 
 
 
 5H 
 
 
 
 '• 
 
 
 
 
 ^H 
 
 
 
 it 
 
 
 
 
 .5!» 
 
 
 
 " 
 
 
 
 
 (!() 
 
 
 
 •* 
 
 
 
 
 60 
 
 
 
 it 
 
 
 
 
 6(! 
 
 
 
 tt 
 
 
 
 
 t!l 
 
 
 
 •' 
 
 
 
 
 fi2 
 
 
 
 
 
 
 
 l\i 
 
 •' 
 
 " 
 
 it 
 
 
 
 tt 
 
 r,2 
 
 
 
 it 
 
 
 
 
 02 
 
 (t 
 
 ' ■ 
 
 tt 
 
 
 11 
 
 tt 
 
 (13 
 
 It 
 
 ;( 
 
 ti 
 
 
 " 
 
 
 63 
 
 
 
 ■ It 
 
 
 
 
 63 
 
 
 
 it 
 
 
 
 
 64 
 
 
 
 t i 
 
 
 
 
 65 
 
 
 
 »» 
 
 
 
 u 
 
 65 
 
 
 
 t i 
 
 
 
 
 65 
 
 
 
 tl 
 
 
 
 
 65 
 
 
 
 tt 
 
 
 
 i( 
 
 (>6 
 
 
 
 i< 
 
 
 
 •< 
 
 66 
 
 
 
 ^' 
 
 
 
 It 
 
 67 
 
 
 
 U 
 
 
 
 
 67 
 
 
 
 tt 
 
 
 
 
 67 
 
 
 
 it 
 
 
 
 
 <i7 
 
 
 
 (t 
 
 
 
 
 68 
 
 
 
 »' 
 
 
 
 t i 
 
 68 
 
 
 
 '* 
 
 
 
 
 6!) 
 
 
 
 ti 
 
 ii 
 
 
 
 70 
 
 
 
 tt 
 
 
 
 
 70 
 
 
 
 it 
 
 
 
 
 70 
 
 
 
 it' 
 
 
 
 
 70 
 
 
 
 tt 
 
 
 
 
 72 
 
 
 
 tt 
 
 ii 
 
 
 
 72 
 
 
 
 tt 
 
 
 
 It 
 
 73 
 
 
 
 it 
 
 
 
 
 73 
 
 
 
 tt 
 
 
 
 
 
INDEX. 
 
 vii. 
 
 e 
 o 
 
 s 
 •a 
 
 a 
 o 
 
 o 
 1> 
 
 Election of Trustees (union) 4^; 
 
 Union with urban Munic'iimlity ."""' 4<) 
 
 Wliere part of Townsliip added to City rx) 
 
 E(|uali;cation of union assesaments 51 
 
 By-law alieiing sections valid unless quaslied.. ..".' fta 
 
 Urban Scliool Boards 53 
 
 Kirst election of Trustees .........' *M 
 
 Number of urban Trustees ." .'....".' ss 
 
 Trustees in Vi'lages without wards ................. si; 
 
 Annual election of Trustees s; 
 
 Time and manner of lioldinj,' ss 
 
 Vacaneyin office ' 5y 
 
 Controverted elections ..".!. 00 
 
 Proceedinss at first meeting " (ji 
 
 Trustee's dutier. -' 
 
 Trusi'ecs acting under illegal by-law .........'. ri 
 
 Teachintr in charitable Institutions fi4 
 
 School sites (jii 
 
 Townshli) assessments '...'.'. cift 
 
 Levying ta.\es (J7 
 
 Duties of Municinal Clerk .'. (!«-<» 
 
 Township School debentures 70 
 
 liaising Scliool moneys 71 
 
 Debentures, voting on bylaw 72 
 
 Exemptions by by-law, not to allect School rates.. 7.") 
 
 Trustees may borrow money 74 
 
 Sub-Treasurers of School moneys 75 
 
 Teachers' duties 70 
 
 Agreements 77 
 
 Certificates ..]...' 78 
 
 Couiiiy Boards .'. 7!i 
 
 County Model Schools . ... 80 
 
 Teachers' Institutes 81 
 
 Inspectors 82 
 
 Duties of School Inspectors 83 
 
 Arbitrators' Allowance 84 
 
 Sujierannuation 8,") 
 
 Repayment to legal representatives 8(i 
 
 Right of teacher to retire 87 
 
 Non resident inipils 88 
 
 Holidays 8!) 
 
 Authorized books ...'. <(o 
 
 Aiipeals from Division Court decisions 91 
 
 School visitors i)2 
 
 Penaltit'K and Prohihitiong 
 
 Clerk refusing to perform diities im 
 
 Parse declaration of right to vote ii4 
 
 Trustees' liability !)5 
 
 Trustees not to hold certain otTlces !i6 
 
 Trustee's seat vacated, when !)7-8 
 
 Penalty for not calling .School meeting Oil 
 
 Disturliing School or School meetings 100 
 
 Refusing 10 perform duties loi 
 
 Refi; liig to exercise corporate powers 102 
 
 Penalt.v on chairman for neglect 109 
 
 Llaliility of Trustees not taking security 104 
 
 Reaimnslbility for lost School moneys 10.5 
 
 Penalty for refusing to account 10(> 
 
 Procedure 107 
 
 Refusing information to auditor K 8 
 
 Neglecting to make half-yearly returns 10!» 
 
 Delaying yearly rejiort 110 
 
 False reports or registers ill 
 
 Rpsiionaibility for money lost 112 
 
 Krhol books, etc., who may not act as agent 113 
 
 How|)enaltiesmay he recovered 114 
 
 Conflrminirand saving clauses US 
 
 Acts repealed 110 
 
 us 
 
 a. 
 
 7;! 
 
 7.S 
 73 
 74 
 74 
 
 75 
 75 
 75 
 7r, 
 7(! 
 77 
 79 
 79 
 79 
 7i» 
 81 
 81 
 81 
 81 
 81 
 82 
 82 
 83 
 83 
 8;! 
 84 
 84 
 84 
 8« 
 80 
 87 
 87 
 88 
 88 
 80 
 !K) 
 ill 
 !)) 
 !)1 
 02 
 its 
 !I3 
 !»3 
 94 
 
 !I4 
 !)4 
 94 
 i»4 
 94 
 95 
 <)!, 
 95 
 95 
 !)5 
 95 
 95 
 90 
 90 
 i»0 
 97 
 97 
 97 
 97 
 P7 
 98 
 <><< 
 98 
 
 i- ^ ^ 5 
 .S o o o 
 O H H O 
 
 ft 
 
 I 
 
viii. 
 
 INDEX. 
 
 SEPARATE SCHOOLS 
 
 if 
 
 i! 
 If 
 
 a ' 
 o 
 
 X 
 
 The Separate Schools Act 1 
 
 Separate Schools, Protestant and Coloured. ... ... . 2 
 
 Eiectlou of Trustees 3 
 
 Opening and regulations .....'.....'..'. "4 
 
 Voters defined ." ..'.' (j 
 
 Union of wards .'.'.".'.'. '« 
 
 Special condiiions .'.'.'...'.'.*.!..'!.'!.! 7 
 
 Exeinptioi.s from Public School rates, see sec.' 4 
 
 Public School Act ' .. g 
 
 Exemption conditional . .' '.'. 9 
 
 Nottosharein Public School monies'..'.'....'.!".".'."."..'. 10 
 
 Entitled to .share in legislative grant n 
 
 Half yearly returns to Inspector .' 12 
 
 Inspector to rei)ort to Clerk 13 
 
 Persons named in such report esempt f I'oin'general 
 
 School rates 14 
 
 Access to assessment roll 15 
 
 Application of sections 28-3!) '. '." ifi 
 
 Powers of Trustees '." 17 
 
 Roman Catholic Separate Sclwols 
 
 Application of sections following 18 
 
 Interpretation 19 
 
 Union of wards .' .".".'.'.'.'.'..' 20 
 
 Who may call meeting to establish 21 
 
 Election 22 
 
 Written notice ofxuch meeting to be given .'..' 23 
 
 Trustees term of office 24 
 
 Qualification ' . . 25 
 
 Electors' qualification 26 
 
 Election, annual meeting, etc 27 
 
 Order of business and proceedings in case of poll.. 28 
 
 Duties of Trustees and Secretary-Treasurer, etc 28 
 
 Notice for union of School section8,corporatename, 
 
 etc 29 
 
 Urban School Trustees 30 
 
 Nomination, election, vacancies, etc .11 
 
 Election by ballot 31 a 
 
 Duties of Trustees ,', 3-i 
 
 Agreement with teacher '. 33 
 
 Duties of teacher 34 
 
 Salary for temporary services 35 
 
 Differences between Trustees ttnd Teachar 3r. 
 
 Issue of execution 37 
 
 Salary in case of sickiicHS 38 
 
 Protection of teachers as to salary 3!) 
 
 Assessments 
 
 Exemption from public school rate 40 
 
 Time for notice by non-residents becoming 
 
 resident 1890 
 
 Clerk to giv annual statement to Trustees ISlio 
 
 Olerk to gi certificate 41 
 
 Penalty fo also notice 42 
 
 No exempt ns for prior levies 43 
 
 Rosidencf 1 S. S. supporters 44 
 
 To be supporter of nearest School 45 
 
 School tax of non-residents 4(> 
 
 Notice of withdrawing support 47 
 
 Liability for rates previo'isiy imposed 47 
 
 Duty of Assessors, ('ourt of Revision 48 
 
 Collector's roll, further columns 49 
 
 
 101 
 101 
 101 
 101 
 101 
 101 
 102 
 
 102 
 102 
 
 102 
 102 
 102 
 102 
 
 102 
 102 
 102 
 103 
 
 103 
 103 
 103 
 103 
 103 
 103 
 104 
 104 
 104 
 104 
 104 
 106 
 
 108 
 108 
 109 
 112 
 112 
 113 
 113 
 114 
 114 
 114 
 114 
 114 
 
 115 
 
 115 
 115 
 115 
 115 
 115 
 115 
 110 
 110 
 
 n« 
 
 116 
 116 
 117 
 
 
 a 
 
 
 
 
 
 H 
 
 H 
 
 § 
 
 59 
 
 ■5 
 
 a 
 s 
 o 
 
 1) 
 be 
 
 c4 
 
 
 > S 5 
 
INDEX. 
 
 IX, 
 
 
 s 
 o 
 
 03 
 
 Clerk's stateniunt to Inspector so 
 
 Occupant primarily liable for rates 51 
 
 Company may pay rates to Separate Schools 52 
 
 Powers of Trustees 53 
 
 May copy assessment roll 54 
 
 Collection of School rates 55 
 
 AKi'cement between Municipality and Trustees to 
 
 pny a proportion of all School taxes 5(! 
 
 Distribution of County rate 57 
 
 Trustees may borrow money 58 
 
 Separate Schools entitled to legislntlve arrant fi!i 
 
 Not entitled to monies levied for Public Schools tiO 
 
 Teachers to hold certificates 61 
 
 Return by Trustees to Minister of Education <!£ 
 
 Visitors of Separate Schools 63 
 
 Inspection of Schools 64 
 
 Model Schools , 65 
 
 Appointment of High School Trustee 66 
 
 Dlsajrreenient between Trustees and Municipal 
 
 officials (i7 
 
 Superannuation 
 
 Fund 68 
 
 Repayment to representatives of deceased 6i» 
 
 Rlgrht to retire nt HO years of age 70 
 
 Teachers under 60 71 
 
 Extra allowance 72 
 
 Moral character 73 
 
 Resuming profession 74 
 
 Again r'^tlring 75 
 
 Forfeiture of claim [\ 76 
 
 When benefit of the Act not taken 77 
 
 Repayment to contributors ' 7« 
 
 Terms .' 7<j 
 
 Penally for false declaration so 
 
 Trustees not to hold certain oflfices 81 
 
 Seat vacated, when ,' 82 
 
 By interest in corporation contract 83 
 
 PcTialty for disturbing;: School or School meeting.. . 84 
 
 Penalty for Trustee refusing to act 85 
 
 Penalty for refusing to perform duties 86 
 
 Penalty for refusing to exercise corporate powers. . 87 
 
 Liability for neglecting to take security 88 
 
 Responsibility for lost money 89 
 
 Penalty for refusing to account 90 
 
 Order to account 91 
 
 Non-compliance with order . " 92 
 
 Other remedy not affected 93 
 
 Penalty for refusing Informatl' n to And tor 94 
 
 Penalty fornot making half yearly returns 95 
 
 Penalty for delaying yearly report 96 
 
 Penalty for false reports and registers 97 
 
 Liability for money lost 98 
 
 Recovery of penalties 99 
 
 Index book of supporters to be kept by clerk 1890 
 
 Notice to Public and Separate School" supporters. .. 1890 
 
 Assessors to be guided by l.idex book 1890 
 
 Meaningof R. S. O.. cap. 227. S. 48 1890 
 
 Correction of mistakes in assessing S.S. supporters 1890 
 
 ic 
 Oi 
 
 117 
 117 
 117 
 118 
 118 
 118 
 
 118 
 119 
 119 
 120 
 120 
 120 
 120 
 121 
 121 
 121 
 121 
 
 121 
 
 121 
 122 
 122 
 122 
 122 
 122 
 123 
 124 
 12.'J 
 12;j 
 123 
 
 12;) 
 
 123 
 123 
 123 
 124 
 124 
 124 
 124 
 124 
 124 
 124 
 124 
 125 
 125 
 125 
 125 
 125 
 126 
 12(i 
 126 
 126 
 127 
 127 
 127 
 127 
 127 
 
 U 
 
 o 
 
 a, 
 
 S 
 
 o 
 O 
 
 s 
 
 -a 
 
 U 
 
 a> >.- 
 
 U) o 
 
 =: s 
 
 S S, 
 
 !ii:! 
 
 i.' 
 
The Trusts Corporation 
 
 OF ONTARIO 
 
 Offices and Safe Deposit Vaults: 
 
 BANK OF COMMERCE BUILDING 
 KING STREET, TORONTO 
 
 Capita!, - - S1,000,000 
 
 Hon. J. C. AIKINS, P. C, . 
 
 Hon. S. C. WOOD .... 
 
 W. D. MATTin^]WS, ESQ. 
 
 BAR WICK, AYLESWORTH & WHKUIT, General Solicitors 
 
 President 
 Vice-Prcsiclents 
 
 Under flu- ii/)/)r()rii/ af fly Lkidenant-Gove.rnor hi Coiiiiri/, f/w (Jor- 
 jxiratiou is (icri'iih'd h;/ flic lliiih ('mirf uf Jiixfu'c ax n Trii.sfx (Joiiipany 
 lor flu- piir/insis n/' siirh t'oiirf, mid iiiuif lie uppoiiUed fit ami undertake 
 any of the Jol/uwiiii/ ajHeex, viz :— 
 
 Executor, Administrator, Trustee, Committee of Lunatic, 
 Guardian, Receiver, Assignee, Liquidators, &g. 
 
 Acts as Agent for EXECUTORS, TRUSTEES, and others. 
 
 Accepts and Executes TRUSTS of every description from Courts, 
 Corporations and Individuals. 
 
 Bonds, Debentures, Stock, etc., issued and countersigned. 
 
 . Estates Managed. Rents, Interest, Dividends, etc., collected. 
 
 Moneys received and carefully invested. 
 
 All Trust Investments are separate and distinct from the assets of the 
 Corporation. 
 
 Sinking Funds Invested. Undoubted Security. 
 
 Safe Deposit Boxes to rent, easily accessible, absolutely secure. Bonds 
 and all other securities guaranteed if necessary. 
 
 Wills api)ointing the Corporation Executors and Trustees are received 
 for safe custo'^'y, free of charge. 
 
 Solicitors hrinijinij Estate or ot/i'-r hiisniess to the Corporation are retained 
 to do the leijal ivorl: in mimerfinii flu-reirith. 
 
 Correspondence Invited. 
 
 A. E. PLUMMER, Manager. 
 
 ._^?*aaww3«r!™w^*«P« -' 
 
1 
 
 1898-9: 
 
 The Assessment Act 
 
 PUBLIC SCHOOLS ACT 
 
 —AND— 
 
 SEPARATE SCHOOLS ACT 
 
 OF ONTARIO 
 Condensed & Classified 
 
 iV 
 
 BY 
 
 ARTHUR L. WILLSON, B. A, 
 
 AUTHOH OF MUNICIPAL WORKS, Etc. 
 
 TORONTO, ONT. 
 
 WILLSON'S COPYRIGHT SERIES 
 
 System of Conducting Council Business t5 oo 
 
 Day Book, Casli Book and Ledger combined 5 (K) 
 
 Adopted by the Ontario Government, and its use made corn'fiutsory on 
 
 Municipal Councils 1S08. 
 
 Day Book, Cash Book and Ledger combined, for Schools, (same system).. 3 CO 
 
 By-law Form Book 1 00 
 
 By-law Form Book, new issue 3 00 
 
 Index to Manuscript Minute Book 1 Oo 
 
 Blank Minute Book and Index 4 00 
 
 Canadian Municipal Journal, Vol. 1 2 00 
 
 Vol.11 200 
 
 Law of Roads and Public Travel 2ft 
 
 Assessment, Public and Separate Schools Act, Condensed and ClassiHed 1 60 
 Most of the above works are in use in all the Counties cfthe Province. 
 
 TORONTO: 
 Printed by Shepard Bros. & Co., 07 Adelaide Street West, 
 
 1808 
 
H. R. O'HARA 
 
 W.J. O'HARA 
 
 H. O'Hara & Co. 
 
 jPW n .Members Toronto Stock Exchange 
 
 Stock and Debenture Brokers 
 Financial Agents ... 
 
 MONEY TO LOAN AT LOWEST RATES 
 
 a4 Toronto Street TORONTO 
 
 Telephone 915 
 
THE ASSESSMENT ACT 
 
 CONSOLIDATED, CONDENSED & CLASSIFIED 
 
 lii i 
 
 2. Construction of technical terms. 
 
 " Gazette " means Ontario Gazette. 
 
 " Township " includes union of townships. 
 
 " County Council " includes provisional County Council. 
 
 " Town " and " Village " refer to Corporations. 
 
 " Ward " does not apply to Townships unless so stated. 
 
 " Municipality " n->t to apply to a County. 
 
 " Local Municipality " includes a City, Town, Township or 
 Villag^e. 
 
 " Property " includes real and personal property. 
 
 *' Land," " Real property " and " Real estate " include build- 
 ings erected thereon, and machinery and other things so fixed to 
 the buildings as tO' form in law part of the realty ; trees growing, 
 land covered with water, and mines, minerals, quarries and fossils 
 in and under the same, except mines belonging to Her Majesty. 
 
 " Personal estate " and " Personal property " include goods, 
 chattels, interest on mortgages, dividends on bank stock and on 
 shares or stocks of incorporated companies, money, notes, accounts 
 and debts al their actual value, income and all other property, ex- 
 cept land and real estate and reaf property as above defined, ex- 
 cept property expressly exempted. 
 
 " Last revised assessment roll " means last revised assessment 
 roll of a local municipality; and an assessment roll shall be under- 
 stood to be finally revised and corrected when it has been revised 
 and corrected by the Court of Revision for the municipality, or by 
 the Judge of the County Court on appeal as by this Act provided, 
 or when the time within which appeal may be made has elapsed 
 (1897). 
 
 " List of voters " means the list referred to in Sec. 3 of the 
 Ontario Voters' List Act, 1889. 
 
 3. Unoccupied land shall be called " lands of non-residents," 
 unless the owner has a legal domicile or place of business in the 
 municipality or gives notice in writing of his name, residence and 
 postoffice address to the Clerk on or before April 2Cth, describing 
 the land and requiring his name to be entered on the roll (form in 
 
 ii 
 
K I 
 
 « i 
 
 h ! 
 
 Schedule A). The Clerk shall give to the Assessor a list of such 
 names and the lands so represented on or before the 25th of April 
 in each year. The notice need not be renewed, but shall stand 
 until revoked or the ownership changed. 
 
 4. In case the Assessor omits to enter the name of any owner 
 of unoccupied land, an appeal may be had to the Court of- Revision 
 to have the same so entered whether such notice has been given or 
 not, and the Court may order the name to be entered; the owner 
 or his arjent may, within the time allowed by law, whether such 
 notice has been given or not, apply to the Judge to have his name 
 entered on the voters' lists, and the Judge may order the name to 
 be so entered. 
 
 5. The real estate of all railway companies shall be considered 
 resident lands unless the company ceases to exercises its corporate 
 powers. 
 
 PROPERTY LIABLE TO TAXATION. 
 
 6. All municipal, local or direct taxes or rates shall, where no 
 other express provision has been made in this respect, be equally 
 levied upon the whole ratable property^ real and personal, of the 
 municipalty or other locality according to the assessed value of 
 such property and not upon any one or more kinds of property in 
 particular, or in different proportions. 
 
 7. All property in this Province shall be liable to taxation sub- 
 ject to the following exemptions, that is to say : 
 
 » 
 
 EXEMPTIONS. 
 
 
 
 (1-2) All property vested or held by Her Majesty or vested in 
 any public body or body corporate, officer or person, in trust for 
 Her Majesty, or for the public uses of the Province; and also all 
 property vested in or held by Her Majesty or any other person or 
 body corporate, in trust for or for the use of any tribe or body of 
 Indians, and either unoccupied or occupied by some person in an 
 official capacity. If occupied by any person other than an official, 
 he shall be assessed therefor, but the property shall not be liable . 
 
 (3) Every place of worship and land used in connection there- 
 with, churchyard or burying ground; provided that land upon 
 which a place of worship is erected be liable for local improvements. 
 
 4. Buildings and grounds of and attached to every univer- 
 sity, coUefje, high school or other incorporated seminary of learn- 
 ing while used and occupied, provided that such buildings an<l 
 grounds shall be liable for local improvements, except such as are 
 maintained in whole or in part by a legislative grant or school tax. 
 
 (5) Public schiool houses, town, city or township hall, court 
 house, gaoi, house of correction, lock-up and public hospital, with 
 land and personal property belonging to each. 
 
 JSiSS 
 
 •wiiMii 
 
(6) Public roads and squares. 
 
 (7) Municipal property occupied v>r unoccupied, unless occu- 
 pied by a tenant for his own purposes 
 
 (7a) The property of any municif ality in use as a public park, 
 wherever situate (1893). 
 
 (8) The Provincial Penetentiary, Central Prison and Provin- 
 cial Reformatory, with the land attached. 
 
 (9) Every industrial farm, poorhouse, almshouse, orphan asy- 
 lum, house of industry, lunatic asylum, and reformatory belonging 
 to a company, with the real and personal property connected with 
 the same. 
 
 (10) The proper<^" of every public library, mechanics' insti- 
 tute, and other public, literary or scientific institution, and of every 
 agricultural or horticultural society, if occupied by such society; 
 also, the lands and buildings of companies formed under the Act 
 Respecting Joint Stock Companies for the erection of Exhibition 
 Buildings, where the council of the municipality within which such 
 lands are situate consents to the exemption. 
 
 (11) The personal property and official income of the Gover- 
 nor-General and Lieutenant-Governor of this Province. 
 
 (12) The houses and premises of officers and privates of Her 
 Majesty's regular army or navy in actual service while occupied 
 by them, not exceeding $2,000 in value, and the full or half pay of 
 anyone in either of such services, and any pension, salary, gratuity 
 or stipend derived by any person from Her Majesty's Imperial 
 Treasury, and the personal property of any person in such naval or 
 military services, on full pay or otherwise in actual service. 
 
 (13") Pensions of $200 a year and under payable out of the 
 public moneys of the Dominion or of this Province. 
 
 (14) All grain, cerials, flour, live or dead stock in store or 
 warehouse and at any time held by any person in any municipality, 
 such person not being the producer, and being so held solely for 
 the purpose of shipment or sale at some other place. 
 
 (14a) All horses, cattle, sheep and swine owned and held by 
 an owner or tenant of any farm and who carries on a business of 
 farming or grazing. 
 
 (15) The income of a farmer derived from his farm, and the 
 income of merchants, mechanics or other persons derived from 
 capital liable to assessment. 
 
 (16) So much of the personal property of any person as is 
 invested in mortgage on land or due to him on account of the sale 
 of land, the fee or freehold of which is vested in him or is invested 
 in the debentures of the Dominion or this Province, or of any muni- 
 cipal corporation thereof and such debentures. 
 
 (17) The shares held by any person in the capital stock of any 
 incorporated or chartered bank doing business in this Province; 
 but any interest, dividends or income derived from any such shares 
 held by any person resident in this Province shall be deemed to 
 come v/ithin and be liable to assessment under Sec, 31. 
 
 im 
 
6 
 
 (i8) The stock held by any person in any incorporated com- 
 pany whose personal estate is Hable to assessment in this Province. 
 
 (19) The stock held by any person in any railroad company, 
 the shares in building societies, and so much of the personal pro- 
 perty of any person as is invested in any company incorporated for 
 the purpose of lending money on the security of real estate; but 
 the interest and dividends derived from shares in such building 
 societies or from investments in such companies as aforesaid shall 
 be liable to be assessed. 
 
 (20) All personal property which is owned out of this Pro- 
 vince except as is hereinafter provided. 
 
 (21) So much of the personal property of any person as is 
 equal to the iust debts owed by him on account of such property, 
 except such debts as are secured by mortgage upon his real estate 
 or are unpaid on account of the purchase money therefor. 
 
 (22) The net personal property of any person, provided the 
 same is under $100 in value. 
 
 (23) The annual income of any person derived from his per- 
 sonal earnings to the amount of $700. 
 
 (24) The annual income of any person to the amount of $400 
 derived from any source other than personal earnings. 
 
 (24a) Provided, nevertheless, that no person shall be exempted 
 for or in respect of income for a sum greater than $700, whethler 
 derived from personal earnings or from other sources of incpme, or 
 from the two combined. 
 
 (26) Rental or other income derived from real estate, except 
 interest or mortgages. 
 
 (27) Household effects of whatever kind, books and wearing 
 apparel. 
 
 (28) Vessel property of the following description , namely : 
 Steamboats, sailing vessels, tow barges and tugs; but the income 
 earned by or from such property shall be liable to be assessed. 
 
 7a. In any town or incorporated village in which there are 
 lands held and used as farm lands only, and in blocks of not less 
 than five acres by any one person, such lands sliall be assessed as 
 farm lands, and on the same principles as provided by section 27, 
 suDject to tne toiiowmg sub-sections, ana sairt sections apply 
 
 whether the lands are or are not divided into building lots (1894). 
 The Council is required to pass a by-law annually, declaring 
 what part of such lands shall he exempt or partly exempt from 
 taxation for public improvements, when not benefited to as great 
 an extent as other lands, regard being had in determining such ex- 
 emptions to any advantage, direct or indirect, to such lands arising 
 from such improvements; provided thiat nothing herein contained 
 shall exempt such lands from a general rate for payment of a de- 
 benture debt contracted before the passing of this Act, or that may 
 be be renewed in whole or in part. 
 
Any person clainihig such exemption must notify the Council 
 within one month after the time for the return of the assessment 
 roll describing the land and quantity. 
 
 Any person may, within fourteen days after the passing of said 
 by-law, notify the Clerk of his intention to appeal against the by-« 
 law to the Judge of the County Court, who shall have full power 
 to determine the complaint. 
 
 The procedure to be followed on such appeals shall be regu- 
 lated so far as applicable by s. s. 3, 4, 5 and 6 of sec. 68, and 
 sec. 69 to 74, inclusive, relating to appeals from a Court of Re- 
 vision to the judge. The right of appeal from a Court of Revision 
 to the County Judge shall not be afifected by the foregoing sub- 
 sections. 
 
 8. Where any person derives an income from some trade, call- 
 ing or profession which is exempt from assessment, he may require 
 his name to be entered on the roll for such income in order that 
 he may be entitled to vote at municipal elections, and such income 
 shall then be liable to taxation. 
 
 Q. Real property within the Province owned by persons re- 
 siding out of the Province shall be assessed as any other real 
 property. 
 
 10. Personal property within the Province owned by persons 
 residing out of the Province and in the possession or under the 
 control of an agent shall be liable to assessment. 
 
 11. Exemptions of Superior Court oflfice'-s existing on the 5th 
 day of March, 1880 as to salaries are abolished as to persons ap- 
 pointed by the Lieut.-Governor after that date, but continues as to 
 such as were appointed before that date. 
 
 ASSESSORS AND COLLECTORS. 
 
 vm 
 
 (See Municipal Act, Sec. 254.) 
 
 12, 13. The Council of every municipality shall appoint such 
 number of Assessors and Collectors as may be necessary, assign 
 districts within which they shall act, and prescribe regulations for 
 governing them in performing their duties; but no clerk or trea- 
 surer, no person convicted of treason, felony or infamous crime 
 (unless pardoned or freed from imprisonment by serving his term 
 or by paying the penalty imposed), and no person under outlawry 
 shall be qualified to act as Assessor or Collector. 
 
 14. The Assessor shall prepare an assessment roll and set down 
 therein : (i) The names and surnames in full of all taxable persons 
 resident in the municipality within his district who have taxable 
 property therein; (2) and of all non-resident owners who have 
 given the notice mentioned in Section 3 requiring their names to 
 be entered; (3) the description and amount of property assessable 
 against each. 
 
8 
 
 (2) In case of a township, town or vill^e, he shall enquire of 
 each resident taxable party if there has been a birtiv or death in the 
 family within the previous twelve months, and if the same has been 
 registered or not ; if not, the figure i shall be placed opposite the 
 name in the " Birth " or " Death " column, and if registered, the 
 letter " R " in column 28. 
 
 (3) The Assessor shall set down in separate columns : i. 
 The successive number on the roll. 2. Name (surname first) and 
 postoflfice address of taxable party. 3. Occupation, and, in case 
 of females, a statement whether the party is a spinster, married 
 woman or widow, by inserting opposite the name of the party the 
 letter " F" or " T," as the case may be; and where the party is 
 entitled to be entered on the roll as qualifi'xl to vote under the 
 Manhood Suffrage Act, there shall also be inserted opposite his 
 name in said column the letters " M. F.," and all such names shall 
 be numbered ; and where the party is v\?ithin the meaning of the 
 Municipal Act, a " farmer's son," there shall also be similarly in- 
 serted the letters " F. S." 5. The age of the assessed party. 6. 
 Name and address of the owner where the party named in col- 
 umn 2 is not the owner. 7. School section and wtiether 
 Public or Separate School supporter. 8. Number of concession, 
 name of street, or other designation of the local division in which 
 the real property lies, or residence , in the case of manhood sufifrage 
 voters. 9. Number of lot, house, etc., in such division. 10. Num- 
 ber of acres, or other measure, showing the extent of the property. 
 II. Number of acres cleared (or. in cities, towns or villages, whe- 
 ther vacant or built upon). 12. Value of eachi parcel of real pro- 
 pertv. 13. Total value of real property. 14. Value of persona! 
 propeny otner tnan mcome. 15. laxaDie mcome. 10. total 
 
 value of personal property and taxable income. 17. Total value of 
 real and personal property and taxable income. 18. Statute labour 
 (in case of male persons from 21 to 60 years of age) and number of 
 days' labour. 19. Dcg tax; number of dogs and number of bitches. 
 20. Number of persons in the family of each person rated as a resi- 
 dent. 21. Religion. 22. Number of cattle. 23. Number of sheep. 
 24. Number of hogs. 25. Number of horses. 26. Birth. 27. 
 Death. 28. Registered (the last three numbers apply to townships, 
 towns and villages only). 29. Acres of woodland. 30. Acres of 
 swamp, marsh or waste land. 31. Acres of orchard and garden. 
 32. Number of acres under fall wheat. ' 33. Date of delivery of 
 notice under Section 47. Column 34. Each and every steam boiler 
 in the municipality ased for driving machinery or for any manufac- 
 turing purpose, with the name of owner and the purpose for which 
 it is used. The Clerk of the municipality shall, on the first day of 
 June in each year, return to the Minister of Agriculture the number 
 of such steam boilers as shown by the roll. 
 
 (4) The Assessor is required to accept the statement of, or 
 made on behalf of any ratepayer by his authority and not otherwise, 
 that he is a Roman Catholic as sufficient evidence for designating 
 
9 
 
 him on the roll as a Separate School supporter, and may so de- 
 scribe him 'rom his own personal knowledge. (See Sec. 48 Sep. 
 Sch. Act.) 
 
 14a. In this section. " Farm," " Son," " Sons," " Farmer's 
 Son," •' Father," " Election," " To vote," shall hear the meanings 
 given by Section 79 of the Municipal Act. 
 
 (2) Every farnur's son resident on the farm when the assess- 
 ment is being m;i ie shall be entitled to be assessed on the roll as 
 follows : 
 
 (a) If the father is living and the farm is owned by the father 
 or mother, the son or sons may be assessed jointly with the father. 
 
 (b) If the father is dead and the mother is the owner of the 
 farm and a widow, the son or sons may be assessed jointly. 
 
 (c) Occasional absence for a time, not exceeding in the whole 
 six months of the year next prior to the return of the roll, will not 
 affect the right to be assessed. 
 
 (d) If there are more sons than one so resident and the assess- 
 ment is not sufftcient to qualify the father and all the sons where 
 the father is living, or to the sons alone, the father being dead and 
 the mother a widow, then the right to be assessed shall belong to 
 the father and such of the elder sons to whom the amount at which 
 the farm is rated will, when equally divided between them, give a 
 qualification so to vote. 
 
 (e) If the assessment is not suflficient, if equally divided be- 
 tween the father and one son, to qualify each to vote, then the 
 father shall be assesed alone. 
 
 (f) A farmer's son so entitled to be assessed may require his 
 name to be entered on the roll as joint or separate owner, occupant 
 or tenant, and he shall be liable as so assessed, and the initials " F " 
 or " T " or " M. F." shall be added in the proper column. 
 
 14b. (i) Every male person 21 years of age and a subject of Her 
 Majesty, and not disqualified for voting, shall be entered on the 
 roll as qualified to be a voter under the Manhood Suflfrage Act 
 upon delivering to the Assessor an affidavit signed by him accord- 
 ing to Form i or 2, Schedule " L," provided that such person had 
 resided within the Province nine months next preceding the time 
 for beginning to make the roll. 
 
 (2) A person may be a resident under this section notwith- 
 standing temporary absence as a lumberman, mariner, fisherman 
 or student, and such absence shall not disentitle' him to be entered 
 on the roll as a voter. 
 
 (3) The Assessor shall make enquiries to ascertain what per- 
 sons are entitled to be entered on the roll as qualified to be voters 
 under the Manhood Suffrage Act, and shall place such persons on 
 the roll without the affidavit referred to. 
 
 (4) No scholar or student at any college or other institution 
 of learning shall be placed on the roll unless he has no other place 
 of residence entitling him to vote. 
 

 I' '- 
 
 Il i J " 
 
 10 
 
 (5) No imprisoned criminal, patient in a lunatic asylum, or in- 
 mate of a municipal poorhouse or charitable institution receiving 
 municipal or provincial aid, shall be entitled to be entered on 
 the roll. 
 
 (6) The Assessor shall, opposite the name of every person en- 
 tered on the roll in column 8, enter . 
 
 (a) in cities, towns and villages, the residence and street num- 
 ber (if any) or locality where situate. 
 
 (b) In a township, the concession and lot where the person 
 resides. 
 
 And all additional descriptions necessary to detine the re- 
 sidence. 
 
 (7) The aragraphs herein set forth shall be added to and in- 
 cluded in the affidavit of the Assessor after completion of his roll 
 (See Sec. 49.) 
 
 (8) Complaints may be made to the Court of Revision or to 
 the County Judge under the Voters' Lists Act by any voter, that 
 persons have been improperly entered or omitted from the roll. 
 
 (9) Any person who becomes qualified to vote after the return 
 of the roll and before the time for appealing against the voters' 
 list or applying to the Judge under the Voters' Lists Act shall be 
 entitled to give, or any voter may give the requisite notice to have 
 his name entered. 
 
 14c. The Assessor shall enter in a book the name, age and 
 residence of every resident child between 8 and 14 years, also the 
 name and residence of the parents or guardians of such children, 
 and return such book with the assessment roll. 
 
 I4d. Assessors are required to make an annual census of chil- 
 dren between the age of 5 and '21 years, and the clerk shall report 
 same to the inspector and secretary of the Board of Trustees. In 
 townships the clerk shall report to the inspector and secretary of 
 each school section — 1893. 
 
 15. Land and personal property shall be assessed in the muni- 
 cipality where situated, and in cities and towns in the ward where 
 the land lies, and personal property shall be assessed against any 
 person in charge as well as the owner. 
 
 16. Land occupied by the owner shall be assessed in his name; 
 when a married woman is assessed as owner the husband's name 
 shall also be entered as occupant. 
 
 17. Unoccupied land shall be assessed against the owner, if 
 he resides in the municipality or has a legal domicile or place of 
 business or gives the notice under section 3, but if occupied by a*-/ 
 person other than the owner then it must he assessed to the owner 
 and occupant. 
 
 18. If the owner is a non-resident, but resides within the Pro- 
 vince, then the land, if occupied, shall be assessed against the 
 occupant and owner, but if unoccupied and no notice given it shall 
 be assessed as land of a non-resident. 
 

 11 
 
 19. When the owner is not resident in the Province, and has 
 not required his name to be entered on the roll, then if the property 
 is occupied it shall be assessed in the name of the occupant, and 
 he shall be deemed the owner for the purpose of imposing aid col- 
 lecting taxes, but if not occupied it shall be assessed as non-resi- 
 dent and it shall not be necessary that the name of the owner be 
 inserted in the roll, but the name of the reputed owner or " owner 
 unknown " may be entered. 
 
 19a. Lands purchased from and mortgaged to the Croiwfn shall 
 be assessed to the extent of the interest of the owner or purchaser, 
 but nothing herein contained shall affect the interest of the Crown 
 and not more than six years' arrears of taxes shall be collectable, 
 but the taxes to the extent of six years shall be a charge on the 
 land and payment thereof shall be enforced by sale, as in other 
 cases. 
 
 20. Where, land is assessed against owner and occupant or 
 owner and tenant, both names s'/all be entered in brackets and 
 the letters F and T shall be written opposite the names of the 
 owner and occupant or tenant respectively, and the names shall 
 be numbered. 
 
 (3) No ratepayer shall be counted more than once for muni- 
 cipal purposes, and taxes may be recovered from ary present or 
 future owner, tenant or occupant, saving his recourse against any 
 other person. 
 
 21. When more than one name is given to the assessor as 
 owners or occupants, they shall be assessed in proportion to what 
 they own or occupy respectively; and if part of the land is owned 
 by non-residents who have not required their names to be entered 
 on the roll, the whole property shall be assessed in the names given 
 to the assessor. • 
 
 2. The share or interest of a member of a partnership may be 
 assessed to him at his request, as if the same wiere his separate 
 property. 
 
 3. A company, being owner, occupant, or tenant, may, upon 
 giving the requisite notice to the clerk, require any part of che 
 real property represented to be assessed for Separate School pur- 
 poses, and not for Public School purposes, where a Separate School 
 for Roman Catholics exists, and the assessor shall enter said com- 
 pany as a Separate School supporter in respect of such property; 
 all other property of the company shall be assessed for Public 
 School purposes. Provided that the portion of the property 
 assessed for Separate School purposes shall bear the same propor- 
 tion to the whole assessable p»-operty of the company that the 
 amount of stock possessed by Roman Catholics bears to the paid- 
 up shares or stock of the company (see form of notice in Act, 
 sec. 21). 
 
 b. Such notice, based oni a resolution of the company, shall 
 be deemed sufficient, and shall be in force until withdrawn, varied 
 or cancelled by some other notice. 
 

 ,1 
 
 mm 
 
 'h 
 
 c. The clerk shall keep such notice on file, subject to inspec- 
 tion, and the assessor shall search for all such notices before return- 
 ing his roll, and conform thereto, 
 
 d. The word company includes any body corporate, 
 
 24. An occupant may deduct from his rent any taxes paid by 
 him, if the same could also have been recovered from the owner 
 or previous occupant, unless there is a special agreement to the 
 contrary. 
 
 25. The assessor shall write opposite the name of a non-resi- 
 dent freeholder who requires his name to be entered on thie roll 
 the letters N. R. and the address. 
 
 26. Except in case of mineral lands, real and personal p iperty 
 shall be estimated at their actual cash value as they Svlould ^e ap- 
 praised in payment of a just debt from a solvent debtor. 
 
 2. In estimating the value of mineral lands, they shall be 
 valued as other lands in the neighbourhood for agricultural pur- 
 poses, and the income derived from any mine or mineral work 
 •shall be subject to taxation, 
 
 27. In assessing vacant ground or ground used as a farm, 
 garden or nursery, not in demand for building purposes, in cities, 
 towns or villages, the value of such ground shall be that at which 
 sales of it can be freely made, and where no sales can be expected 
 during the current year the assessor shall, where such ground 
 exceeds two acres in cities and ten acres in towns and villages, 
 value such land as if held for farming or gardening purposes, with 
 such percentage as the situation calls for, and such land may be 
 entered as so many acres, although surveyed into building lots, 
 if unsold — 1895. 
 
 2. Each tot shall be described and inserted in the roll, and 
 shall be liable for a proportionate amount of the taxes, if sold for 
 arrears of taxes. 
 
 28. When ground is not held for sale, but is enclosed and 
 used with a residence as a paddock, park, lawn, garden or pleasure 
 ground, it shall be assessed at a valuation which at 6 per cent. 
 ■Would yield a sum equal to a fair annual rental — unless the Council 
 by by-law requires the same to be assessed like other ground. 
 
 2. The owners of islands in the lakes not exceeding 10 acres 
 and not occupied more than three months in the year, and upon 
 which no statute labour is done, shall not be liable for statute 
 labour. 
 
 29. Every railway company shall annually transmit to the 
 clerks of the municipalities m which any ])art of the roadway or 
 other real property is situated a statement showing: 
 
 T. The quantity of land occupied by the roadway and value 
 of same 
 
 2. The real property other than the roadway in use and occu- 
 pation and its value. 
 
 3. Vacant land not in use and the value as if held for farming 
 or gardening. , 
 
 ot 
 
 shj 
 
13 
 
 The clerk shall communicate such statement to the assessor, 
 who shall deliver or transmit by post to any station or office of the 
 company a notice addressed to the company of the total amount 
 of assesment and the assessment for each kind of property men- 
 tioned in the statement. 
 
 29a. Plank, gravel, macadamized or other toll rn^=».d5 not owned 
 by any municipal corporation, shall be assessed as real estate, and 
 the assessor shall consider the value (i) of the land occupied by 
 the road, (2) the material employed, (3) toll houses, buildings and 
 gates, (4) quarries and gravel pits and roads used therewith, but 
 shall not include bridges 100 feet in length. 
 
 29b. Every toll road o|wIned by any corporation or person, 
 other than a municipal corporation shall be assessed in the minor 
 municipality where it is situated, and when the road runs through 
 more than one minor municipality each shall assess that part of 
 the road which lies within its limits. 
 
 29c. Stock or shares held in any toll road and dividends aris- 
 ing therefrom are exempt. 
 
 30. In assessing lands of non-residents who have not required 
 their names to be entered on the roll: 
 
 1. Thte assessor shall insert such land in a Non-Residents' 
 Land Assessments roll. 
 
 2. If not sub-divided into lots it shall be designated by boun- 
 daries or other intelligible description. 
 
 3. If sub-divided into lots the assessors shall designate the. 
 whole tract as in case of undivided tracts; and if the sub-divisions 
 are known they shall put down in a lirst column all the unoccupied 
 lots by numbers and names alone from the lowest number to the 
 highest; in a second column opposite the number of each lot, the 
 quantity of land liable to taxation ; in a third column opposite the 
 quantity the value of such quantity, if a full lot the name or num- 
 ber is sufficient, if a part of a lot then by some other description. 
 
 ASSESSING PERSONAL PROPERTY. 
 
 31. Subject to the provisions of section 8 no person deriving 
 an income from any trade or profession not declared exempt by 
 this Act, shall be assessed for a less sum as his income during the 
 year last past than the excess of such income Ov-er the exemptions 
 specified in sec. 7 s. s. 23, 24 and 24a, and such excess shall be 
 held as his net personal property unless he has other assessable 
 property, which must be added to said excess of income. 
 
 31a. A Council may pass by-laws for imposing an annual busi- 
 ness tax in respect of all classes of mercantile business, with or 
 without classification, provided such tax does not exceed /Va per 
 cent, of the annual value of the premises; and may classify diflfer- 
 ent kinds of mercantile business and fix a business tax on the 
 respective classes at a reasonable percentage on the annual value- 
 
 i: II 
 
 ii I 
 
 
14 
 
 of the premises, in which case the personal property belonging to 
 the business shall not be liable to assessment or taxation. 
 
 2. The aimual value referred to shall represent 7 per cent, on 
 the assessed real value of the premises. 
 
 32. The beneficial owner of shares which do not stand in his 
 own name may be assessed for the income he derives therefrom. 
 
 33. All personal property in the Province is assessable, whether 
 that of residents or non-resicents, and whether in possession or in 
 the hands of an agent, and such property may be assessed in the 
 owner's name as well as the agent or other person in possession. 
 
 2. The property is assessable in the municipality where it may 
 happen to be. 
 
 3. This section does not apply to dividends payable to or 
 other choses in action owned by a person residing out of the Pro- 
 vince. 
 
 34. Personal property of an incorporated company other than 
 those hereinafter mentioned shall be assessed in the same manner 
 as if the company was incorporated. 
 
 2. Personal property of a bank or comp?.ny investing the prin- 
 cipal part of its means in gas works, water-'wbrks, plank or gravel 
 roads, railways or other works requiring the investment of such 
 means in real estate shall be exempt, but shareholders shall be 
 assessed on the income derived from the company. 
 
 35. Personal property of a partnership shall be assessed 
 against the firm at their place of business, and a partner shall not 
 be assessed for any personal property which has been assessed 
 against the firm. 
 
 2. If a partnership has more than one place of business, its 
 personal property shall be assessed as located in the several 
 branches; if this cannot be done the partnership shall elect at 
 which place of business it will be assessed for the whole property, 
 and shall produce a certificate at each branch of such assessment. 
 
 36. All the personal property of a person hj.ving a farm, office 
 or other place of business shall be assessed in the municipality or 
 ward where the business is carried on. 
 
 2. when a person has a place of business in different munici- 
 palities or wards, he shall be assessed for the personal property 
 connected with the business in each place, cr he shall be assessed 
 for part at one place and part at another, when a certificate must 
 be produced at each place of the amount assessed aj^ainst him else 
 where. 
 
 When 1 person has no place of business he shall be assessed 
 at his residence. 
 
 38. Every person who holds an office to which salary, wages 
 or other compensation is attached, and performs his duties in a 
 municipality where he does not reside, shall be assessed for such 
 salary or wages at the place where he performs his duties, but if 
 Teqirired shall produce a certificate of being otherwise assessed, 
 
 r*mm 
 
15 
 
 on 
 
 or 
 'ro- 
 
 but this section shall not apply to clergymen, county mui.icrpal 
 officers, Government officers or officers of minor municipalities, 
 when the location of the office is fixed by competent authority, but 
 the salary shall be assessed in the municipality where he resides. 
 3y. The personal property of a person not resident within the 
 Province shall be assessed against the agent or person in possession 
 and shall be deemed the property of such agent or person for the 
 purposes of this Act. 
 
 40. In case of personal property owned by more than one per- 
 son resident in the municipality, each shall be assessed for his share 
 only, but if held in a representative character each shall be assessed 
 for an equal portion only. 
 
 41. Personal property under the sole control of a trustee or 
 executor, shall be assessed against such person alone, 
 
 2. Such trustee or executor so assessed shall be represented 
 as such and the assessment shall be carried out in a separate line 
 from his individual assessment, and he shall be assessed for the 
 value of the real and personal estate held by him or in conjunction 
 with others at the full value thereof or the proper proportion 
 thereof, if others resident within the same municipality are joined 
 with him as trustee or executor. 
 
 GENERAL PROVISIONS. 
 
 42. It shall be the duty of every person assessable to give all 
 necessary information to the assessors, and if required by the 
 assessor shall give a statement in writing, containing all the par- 
 ticulars respecting the real or personal property assessable against 
 such person which are required on the assessment roll. 
 
 43. When any person resident within a municipality is liable 
 to be assessed for income derived from stock held in any corpora- 
 tion, such corporation shall, at the written request of the assessor 
 (delivered or mailed to the principal office of such corporation by 
 registered letter) deliver or send by registered letter to such assessor 
 a statement setting forth the names of the shareholders resident in 
 such municipality liable to be assessed for their income; the amount 
 of stock held and the amount of dividends and boi..:ses declared 
 during the previous twelve months, such statement to be certified 
 under the hand of the principal officer of the corporation in the 
 Province. 
 
 44. Such statement shall not bind thle assessor, but after mak- 
 ing due enquiry he may assess such person for such real and per- 
 sonal property as he believes to be correct, and may omit his name 
 or any property claimed by him if such assessor believes he is not 
 entitled to be placed onthe roll'. 
 
 45. In case any person fails to deliver such statement tnen- 
 tioned in the preceding three sections when required iy the 
 assessor, or makes a false statement, he shall, on complaint ol \e 
 assessor and upon conviction before a Justice of the Peace for the 
 
16 
 
 tiA 
 
 
 Mil' 
 
 11 m 
 
 I'i 
 
 I -r^ 
 
 county, forfeit and pay a fine to bf, recovered as otlier penalties 
 upon summary conviction. 
 
 2. The fine for failing to deliver such Written statement when 
 required to do so under section 42 shall be $20 and under section 
 43 shall be $100, and for knowingly stating anything falsely therein 
 shall be $50 — 1897. 
 
 47. Every assessor shall leave for every resident or person 
 having a place of business in the municipal'ty, named on the roll, 
 and mail to every non-resident who has required his name to be 
 entered and has fumishea ^is address to the clerk, a notice of the 
 amount of his assessment and enter on the roll the da^.^. of delivery 
 or posting of such notice. 
 
 la. In any city where a by-law has been passed under the 
 Assessment Amendment Act 1896 notice of assessment shall be 
 fcerved upon persons resident, or having a place of business within 
 ihe citv personally or by leaving such notice in the olBce or place 
 of business of such person, and where such office or place of busi- 
 ness is situate in any public building or in any building the apart- 
 ments of which' are occupied by dififerent persons as places of 
 business, the notice shall be left with the person assessed, or in 
 l.'is absence with some person employed in the particular office iu 
 which the person named in the notice is engaged, and if there be 
 no such person, then by leaving the same in the particular office in 
 v.hich the person assessed is employed or engaged. 
 
 3. The assessor shall not be required to give or transmit any 
 notice to a farmer's son, but in any notice to a farmer under this 
 section the assessor shall set forth the name of every person entered 
 in said roll as son of such farmer. 
 
 4. Any notice necessary to be served upon a farmer's son 
 under this Act shall be deemed to be so served if left with a grown 
 person at such farmer's residence. 
 
 5. In this section " Farmer's son " and " Farmer " shall have 
 the same meaning as in section 79 of the Consolidated Municipal 
 Act 1892 — 1893. 
 
 47a. In case of a municipality in which there Ave supporters 
 of a Roman Catholic Separate School therein or contiguous thereto, 
 there shall be printed, written across or added to the assessor's 
 notice to every ratepayer the words, " You are assessed as a Sep- 
 arate School supporter," or " You are assessed as a Public School 
 supporter," as the case may be. 
 
 2. In case of a change is assessing a person from Separate 
 School supporter to Public School supporter, or vice versa, the 
 assessor is required to notify the ratepayer of such change — 1893. 
 
 47b. Where th'e list required by the first section of the Act 
 to Amend the Public and Separate Schools Acts is prepared, the 
 assessor is to be guided thereby in ascertaining who have given 
 the notices which are by law necessary to ent.tle supporters of 
 
17 
 
 in 
 i'.i 
 be 
 in 
 
 Roman Catholic Separate Schools to exemption from the Public 
 School tax, 
 
 49. Subject to sections 52 and 54, every assessor shall begin 
 to make his roll not later than the I5thi clay of February, and shall 
 complete the same on or before the 30^h day of April, and shall on 
 affidavit or declaration, verified on oath or affirmation in and ac- 
 cording to the form given in this section (see form cap. 48, sec. 
 49). See form oath on completion of roll (1897, sec. i). 
 
 50. Subject to section 54, every assessor shall on or before 
 the 30th day of April, deliver to the clerk of the municipality such 
 roll completed and added up with affidavits attached, and the clerk 
 shall immediately file the same in his office for inspection by all 
 owners or who are in possession of property or in receipt of 
 incomes in the municipality. 
 
 51. When a person claims that he or another person should 
 be entered on the assessment roll as entitled to be a voter, and the 
 assessor has reason to suspect that such claimant has not a just 
 right to be assessed, it shall be the duty of the assessor to make 
 reasonable enquiries before entering such person on the roll. 
 
 2. Any person entitled to be assessed shall be so assessed with- 
 out any request, and shall have the right to apply, complain or 
 appeal to a Court or Judge to have the name of any other person 
 entered on the assessment roll unless such other person actually 
 dissents therefrom. 
 
 Any person who wilfully procures or causes the insertion of a 
 name of a person in the assessment r^U, or causes the assessment 
 of a person at too high an amount, to give a person not entitled 
 thereto an apparent right to be a voter, or who causes the insertion 
 of a fictitious name on the roll, or who wilfully causes the omis- 
 sion of a name from the roll or causes the assessment of a person 
 at too low an amount, with intent to deprive any person of the 
 right to be a voter, shall, upon conviction, be liable to a fine not 
 exceeding $200 and to imprisonment until the fine is paid, or to- 
 imprisonment in the common gaol for a period not exceeding six 
 months, or to both fine and imprisonment. 
 
 The word " voter in this section shall have the meaning given 
 thereto by The Ontario Voters' Lists Act— 1889. 
 
 Special provisions relating to Counties, Cities, Towns and 
 Villages. 
 
 52. In cities, tdwfns and incorporated villages ^he assessment 
 may be taken between the ist day of July and the 30th day of Sep- 
 tember, the rolls being returnable to the clerK on the ist day of 
 October, the Court of Revision to be on the 15th day of November, 
 and final return from the Judge on the 31st of December; such 
 assessment may be adopted by the Council of the following yeai 
 on which to levy the rate for the year . and in the year following 
 the passing of the by-law the Council may adopt the assessment of 
 the preceding year as the basis of assessment of that year. In cities 
 with a population of 30,000 the assessment may be made between 
 
18 
 
 May 1st and September 30th, but this shall not afifect 54 V., C. 82, 
 s. 13—1895. 
 
 2. When there has been delay in completing the final revision 
 of the roll beyond 31st December, the Council may adopt the assess- 
 ment when so revised for levying rates. 
 
 3. When an addition has been to a city or town subsequent to 
 the 30th of September, the Council of said city or town may, by 
 by-law in the succeeding year, adopt the assessment of said addition 
 as last revised before being added as the basis for said part for that 
 year, and the levying of a proportionate share of the taxation upon 
 said addition shall not invalidate either the assessment of the re- 
 mainder or the tax levied thereon; the qualification of voters in 
 Said addition shall for such succeeding year be the same as required 
 in the municipality from which it has been taken. 
 
 4. In case the Council shall adopt the provisions of this section 
 in any year wihen there has been an assessment made, a by-law 
 may be passed adopting the assessment roll previously made and 
 revised in such year, and such assessment roll shall be subject to 
 revision in the manner provided by sub-section i of this section. 
 
 52a. (i) (2) A city with a population of over 100,000 may, 
 by by-law, cause the assessment to be taken at any time prior to 
 30th September and fix separate dates for the return of the roll for 
 each ward or sub-division thereof, and may provide for holding a 
 Court of Revision to hear appeals from each ward or sub-division 
 up on return of the assessment roll for same. 
 
 (3) The County Judge may sit from time to time throughout 
 the year to hear appeals in resj^ect to each roll, the time for appeal 
 to the Court of Revision being five days from the time of the return 
 of the roll, and from the Court of Revision to the Judge three days. 
 
 (4) The Judge shall hear such appeals within ten days after 
 Court of Revision and shall complete his revision before the 20th 
 of October. 
 
 (5) The assessment so concluded may be adopted by the Coun- 
 cil of the following year, strike the rate of taxation and levy the 
 taxes thereon. 
 
 (6) Provided that if the final revision has not been completed 
 at the above date, the Council may ^dopt the assessment when 
 finally revised and levy the taxes thereon. 
 
 (7) When a by-law has been passed as aforesaid, sections 64 
 and 68 shall not apply in sa far as relates to time of appeal and 
 notice, but the clerk shall give five days' notice to parties interested 
 in the appeal of the sitting of the Court of Revision, and in case of 
 appeal tol the County Judge, five days' notice shall be given of the 
 day fixed by the Judge for hearing the appeal, notices to be served 
 as in case of appeals to Court of Revision. 
 
 (8) Sections 64 and 68, where not inconsistent herewith, shall 
 apply, to appeals hereunder — 1896. 
 
 53. In cities, towns, townships and villages, taxes, sewer rents, 
 etc., may be made payable into the office of the treasurer or coliec- 
 
19 
 
 tor by any day or clays named in the by-law and in bulk or !iy in- 
 stalments, and may alloivvi a discount for prompt payment. 
 
 2. A percentage charge of five percent, or less may be mi- 
 posed where default is made in prompt payment; in towns, vil- 
 lages and townships where no day has been appointed for pay- 
 ment, such percentage may be imposed when the taxes have !iot 
 been paid by the 14th of December, and the amount shall be aa Jed 
 to the tax payable, 14 days' previous demauil or notice having been 
 given as hereafter provicied. 
 
 3. The notice or demand mentioned in section 123 may be 
 given or made by the collector at any time after the receipt of his 
 roll and may be acted upon at any time after the expiration of such 
 14 days' notice or after the day appointed for payment, whichever 
 shall last happen. 
 
 4. The said percentage tax may be imposed on the lands of 
 non-residents whose names have not been set down on the asses- 
 sor's roll, if the tax, rent or rate or instalment thereof has not been 
 paid before the ist day of November in each year, and such addi- 
 tional percentage shall be added to the tax in the return to be made 
 imder section 121, and if the return shall be made before that date 
 and the tax or instalment be afterwards paid before such date, the 
 additional percentage shall not be chargeable. 
 
 54. County Councils may pass by-laws for taking assessments 
 in towns, townships and incorporated villages between ist Febru- 
 ary and 1st July. 
 
 2. If the time is extended for completing the assessment rolls 
 beyond the ist day of May, then the time for closing the Court of 
 Revision shiall be six Iwteeks from the day to which such time is 
 extended, and for final return in case of appeal twelve weeks from 
 that day. 
 
 COURT OF REVISION. 
 
 55. If a Council consists of not more than five members, such 
 members shall be the Court of Revision. 
 
 56. If more than five members, then five shall be appointed 
 a Court of Revision. (Sections 55 and 56 shall not apply to cities) 
 —1897. 
 
 56a. (i, 2) Sections 55 and 56 shall not apply to cities having 
 30,000 of a population; but three members shall be appointed a 
 Court of Revision, one by the mayor, one by the Council, and the 
 third shall be the oflficial arbitrator, and if there is no such official, 
 then the sheriff shall be the third member. If a city has icx),ooo 
 inhabitants, the members of said Court shall be paid not more than 
 $soo per annum, and in cities having more than 30,ocx) and less 
 than 100,000 the amount shall not be more than $300 per annum, 
 and in other cities such sum per annum as the Council shall by by- 
 law or resolution provide. 
 
20 
 
 (3) No member of the City Council and no officer or employee 
 of the City Corporation shall be a meml>er of the Court of Revision. 
 
 (4) Such members shall hold office until their successors arc 
 appointed, and the mayor or Council may each or either of them, 
 alter the organization 01 a new Council and before the 1st day of 
 March, appoint a member of such Court of Revision in place of any 
 member appoint jd by th^ mayor in a preceding year. 
 
 (5) Two members shall form a quorum, and in case of death 
 or resignation of n member the mayor or Council appointing such 
 member shall immediately appoint a successor; and in case of a 
 vacancy in the office of sherifif or if the sheriflf is unable to act where 
 there is no official arbitrator, the registrar of deeds for the county 
 whose office is in the city shall act as third m-^mber of the Court — 
 1897. 
 
 57. Every member of a Court of Revision shall take the oath 
 or affirmation prescribed in this section before the clerk of the 
 municipality. 
 
 58. Three members of the Court of Revision shall be a quorum 
 and a majority may decide all questions, but no member shall act 
 when an appeal is being heard respecting property in which he is 
 interested. 
 
 59. The clerk shall be clerk of the Court. 
 
 60. The Court may meet and adjourn at pleasure and may be 
 summoned to meet at any time by the head of the municipality, 
 but the first sitting shall not be held until ten days after the expira- 
 tion of the time within which notice of appeals may be given to the 
 clerk. 
 
 61. The Court shall try all complaints in regard to persons 
 Wrongfully placed upon or omitted from the roll or assessed at too 
 liigh or too low a sum. 
 
 GAL 8 — Assessment Act. 
 
 62. The Court or some member may administer an oath to any 
 party or witness and issue a summons for a witness. • 
 
 63. Any person who, without good reason, fails to attend the 
 Court or before a Judge under the provisions of this Act, after 
 being summoned and tendered for his time 75 cents per day and 
 travelling expenses, of he resides more than three miles from the 
 place of trial, or, if being present, refuses to give evidence, shall 
 incur a penalty olF $25 and costs — 1894. 
 
 PROCEEDINGS FOR TRIAL OF COMPLAINTS. 
 
 64. (i) Any person complaining of an error or omission in 
 the roll in regard to himself may personally or by agent notify 
 the ck.-k or assessment commissioner of his grievance, giving his 
 name and address — 1893. 
 
 (2) Such notice ''hall be given within 14 days after the time 
 fixed for the return of the roll or after the actual return of the roll. 
 
21 
 
 (3) An elector may give notice in a similar manner in regard 
 to an improper assessment of any person, and the clerk shall notify 
 such person and the assessor when the matter will be tried by the 
 Court. 
 
 (4) The clerk shall post up in a public place within the muni- 
 cipality or ward a list of all complaints against the assessor's re- 
 turn and the matter complained of, stating the time when the com- 
 plaints will be heard, and no alteration shall be made in the roil 
 unless upon complaint. 
 
 (5) The clerk shall enter appeals in the order in which they are 
 received, and the Court shall proceed in the same order as nearly 
 as may be but may grant an adjournment of any appeal. 
 
 (6) Form of list. 
 
 (7) The clerk is required to advertise the first sittings of the 
 Court in a newspaper published in the municipality, if any, other- 
 wise in a paper published in the nearest municipality, ten days be- 
 fore such sitting. 
 
 (8) The clerk shall cause to be left at the residence of each 
 assessor a list of all complaints respecting his roll. 
 
 (9) He shall also prepare a notice according to the form given 
 for each person with respect to whom a complaint has been made. 
 
 (10) If the person resides or has a place of business in the local 
 municipality, the clerk shall cause the notice to be left at the per- 
 son's residence or place of business. 
 
 (11) If thie person is not known, the notice shall be left with a 
 grown person on the assessed premises, if any person is so resident, 
 otherwise the notice shalt be addressed to such person through the 
 postoffice. 
 
 (12) Every notice shall be completed as aforesaid six days be- 
 fore the sittings of the Court. 
 
 (13) The clerk may procure assistance in effecting the service 
 required, and in case of failure the Court may adjourn the time for 
 hearing appeals where the services Were not effected in time. 
 
 (14) In case the complaint is in respect of overcharge on per- 
 sonal property or income, a declaration may be made by the party 
 or his agent according to the form given, and no abatement shall 
 be made from the amount of income on account of debts due, nor 
 from the value of personal property other than income in respect 
 of debts, except debts due for or on account of such personal pro- 
 perty, and the Court shall enter the person at the amount specified 
 in such declaration unless dissatisfied therewith, when the Court 
 may examine the party making the declaration and any witnesses 
 on oath, and confirm, alter or amend the roll according to the 
 evidence. 
 
 (15) In other cases the Court, after hearing the assessors and 
 parties interested, shall confirm or amend the roll, and may in de- 
 termining values have reference to values of land in the vicinity, 
 and may increase the assessment or change it by assessing the 
 right person, when the clerk shall give such person or his agent 
 
29 
 
 four days' notice, within which time he must appeal if he so desires. 
 (i6) It shall not be necessary to hear the parties or officials 
 on oath unless the Court deems it necessary or where evidence is 
 tendered by either party. 
 
 (17) If either party jails to appear, tine Court may proceed 
 
 ex parte. 
 
 (18) In case of palpable errors, the Court may extend the time 
 for making complaints ten days further, and may then determine 
 the matter and the assessor may be the complainant. 
 
 (19) Subject to sections 52 and 54, the duties of the Court of 
 Revision shall be completed by the ist day of July, except in 
 Shuniah, where the rolls shaU be finally revised before the 15th of 
 July, and except in municipalities coming under Chap. 185 R.S.O. 
 
 —1887. 
 
 (20) In case of any appeal the Court of Revision or Judge may 
 re-open the whole question of assessment, make necessary correc- 
 tions, and place the accurate amount of assessment on the roll bt- 
 fore handing the same over to the clerk. 
 
 65. The roll, as finally passed by the Court and certified by the 
 clerk as passed, shall, except as altered on appeal to the Judge, be 
 valid and bind all parties, notwithstanding any errors or irregulari- 
 ties of procedure in relation to the roll. 
 
 66. A copy of any assessment roll or part thereof, written or 
 printed without erasure or interlineation, under seal of the cor- 
 poration and certified as a true copy by the clerk, shall be received 
 as evidence in any Court without projf of se.il or signature or pro- 
 duction of the original roll. 
 
 67. The Court shall, before or after the ist day of Jidy, receive 
 and decide upon a petition from any person assessed for a tenement 
 which has been vacant more than three month? in the year, or 
 who declares that through sickness or poverty he is unable to pav 
 the taxes, or who, by error in the roll, is overcharged more than 
 25 per cent, on the sum he ought to be charged, and the Court 
 may, subject to ' y by-laW, remit or reduce the taxes or reject the 
 petition, and the .'ouncil may make by-laws in this behalf or repeal 
 or amend the same. 
 
 (a) Arrears of taxes on a block of land which has been sub- 
 divided, a plan registered and sales made thereunder, may, after 
 notice to all owners, be apportioned according to the relative values 
 of the lots at the time of the assessment, and payment of thie 
 amounts so apportioned shall be in full satisfaction of the taxes 
 thereon. This proviso is retroactive, but does not apply to lands 
 advertised for sale for taxes. 
 
 (b) An appeal may be had to the County Judge against the 
 division or appointment of the Court' of Revision by the munici- 
 pality or by any owner or owners. 
 
 (c) Notice of such apportionment shall be given forthwith by 
 the clerk of the municipality to thie treasurer thereof in cities and 
 separated towns, and the county treasurer in other cases, and such 
 
28 
 
 treasurer shall enter the same, after which each lot shall be liable 
 for its portion of taxes and be liable to be sold for arrears as if 
 originally assessed — 1894. 
 
 APPEALS FROM COURT OF REVISION. 
 
 68. An appeal may be had to the Judge against a decision of 
 the Court or omission to decide an appeal. 
 
 (2) Within five days after the time for closing the Court, notice 
 of the intention to appeal must be given to the clerk (or assessment 
 commissioner^, except in Shuniah, where the notice shall be given 
 within ten days after the ist day of August (and except municipali- 
 ties coming under Cap. 185, R.S.O., 1887. 
 
 (3) A list of such appeals shall be forwarded to the Judge by 
 the clerk immediately after the time has expired for filing same, and 
 the Judge shall fix a time and place for hearing same. 
 
 (4) The clerk shall give notice to all parties appealed against 
 as under section 64, and in case of failure the Judge may direct 
 service for some subsequent day. 
 
 (5) The clerk shall post a notice in his office or place of hold- 
 ing meetings of Council, giving names of appellants and parties 
 appealed against, cause of appeal and date for hearing same. 
 
 (6) The clerk shall be clerk of the Court. 
 
 (7) The Judge shall hear the appeals and adjourn from time 
 to time, but must determine all appeals before the ist day of 
 August, except in Shuniah, where appeals must be determined be- 
 fore the 15th of September, and except in cases provided for by 
 sections 52 and 54, and except in case of municipalities provided 
 for under Cap. 185, R.S.O., 1887. 
 
 (8) A subpoena may issue from the County Court to compel 
 attendance of witnesses before Judge on an appeal or for new 
 trial — 1894. 
 
 69. The person having charge of the assessment roll as passed 
 by the Court of Revision shall produce the same at the Judge's 
 Court together with all papers connected with the appeals, and the 
 roll shall be amended as ordered by the Judge, who shall initial the 
 alterations, and, if the decision is reserved, the clerk shall, when 
 it is given, make the necessary amendmnts and write his name 
 against the alterations. 
 
 70. The Judge shall have all the powers for compe'hng at- 
 tendance of witnesses or other persons, production of papers, and 
 enforcement of orders as might be exercised in thei Division or 
 County Court. 
 
 (2) When questions of fact are involved in an appeal the hear- 
 ing shall be in the nature of a new trial and further evidence may be 
 given; costs to be in the discretion of the Judge — 1894. 
 
 71. Style of proceedings. 
 
 72. The costs of any such proceedings shall be in the discretion 
 of the Court or Judge, and if ordered by the Court, shall be en- 
 
 i I 
 
If 
 ij'i 
 I 
 
 24 
 
 forced by a distress warrant under the hand of the clerk and S2al of 
 the municipality ; if by the Judge, by execution to be issued as he 
 may direct from the County or Division Court in thie same manner 
 as an ordinary judgment for costs in such Court. 
 
 73. The costs chargeable may be the costs of witnesses and 
 procuring their attendance and none other, to be taxed by the 
 Division Court scale, and if execution issues the costs thereof may 
 be collected thereunder. 
 
 73a. County Court Judges shall be entitled for hearing appeals 
 to the same sums as for revising voters' lists. 
 
 74. The decision of the Judge shall be final, and the clerk shall 
 amend th£- rolls accordingly. 
 
 75. When the roll has been finally revised and corrected the 
 clerk shall, within 90 days, transmit to the county clerk a certified 
 copy thereof under a penalty of not less than $10 nor more tlian $20. 
 
 Appeals when Large Amounts Involved. 
 
 76. In case of an appeal by a person, partnership or corpora- 
 tion, where the assessment aggregates $20,000, the party appealing 
 shall have the right, upon depositing $75 with the clerk for travel- 
 ling expenses, to have the appeal heard by the County Judge and 
 the Judges of the County Court of the adjoining counties whose 
 county town is nearest and next nearest to the court house where 
 the appeal will be heard, and the first named Judge shall fix a day 
 for the hearing, and the clerk shall notify the other Judges by post 
 prepaid, also the party appealing. If the property is in a County 
 Court district, the appeal will lie to a board consisting of the Judges 
 of the counties constituting such district — 1895-7. 
 
 (2) If the apeal lies to a stipendary magistrate of a district or 
 provisional county where the property is situate and the assess- 
 ment exceeds $20,000, the party shall have the right to appeal to 
 such magistrate or, on depositing with the clerk $50 for travelling 
 expenses, to the Judge of the County Court of the county to which 
 such district is attached for judicial purposes, the procedure to be 
 the same as an ordinary appeal to a County Judge, 
 
 (3) Sections 68 to yy, inclusive, shall apply to all appeals under 
 the two preceding sub-sections, and the Judges shall have the 
 powers and duties assigned to the Judge by said sections. 
 
 (4) Whtn three Judges hear the appeal, the decision of a ma- 
 jority shall prevail, subject to appeal to the Court of Appeal -1897. 
 
 (5) Upon certificate of the Judges as to their travelling ex- 
 penses, the clerk shall pay out of the moneys deposited with him 
 the amount of such expenses and a sum not. exceeding $5 per day 
 for services, and refund the balance to the party depositing the 
 same. 
 
 (7) An appeal shall lie to the Court of Appeal from any deci- 
 sion of said Judges subject to any rule of Court relating thereto, 
 the procedure to be the same as an appeal from a County Court, 
 
25 
 
 and the appeal may be heard by three Judges of the Court of Ap- 
 peal, and the decision of a majority shall be final. 
 
 76a. (1-5) A County Judge may after judgment submit 
 a statement on any question of general application which 
 has arisen under this Act or upon an appeal of a person, 
 partnership or corporation assessed to an amount aggregating 
 $10,000, to the Lieutenant-Governor in Council, who may, with or 
 without such statement, refer a case on any such question to a 
 Judge of the Court of Appeal for an opinion thereon, whose duty 
 it is to hear arguments, upon ten days' notice being given by the 
 registrar of the Court, posting same in each division of the Higii 
 Court at Osgoode Hall, Toronto, and upon service upon any per- 
 s • 1 r'^rinired to be served by the Judge and certify his opinion 
 to the Governor, which opinion shall be forwith published in the 
 Ontario Gazette and a copy be sent to every Judge of a county, 
 security for costs to be in the discretion of thie Governor — 
 I 894- I 897. 
 
 (6) Such proceedings shall not delay the final revision of the 
 rolls or collection of taxes, nor shall any orcer, decision or judg- 
 ment alter, vary or invalidate any assessment or collector's roll 
 made prior to such order or judgment. 
 
 (7) The Judge may refer the case to the full Court for hearing 
 and adjudication — 1894. 
 
 APPEALS BY NON-RESIDENTS. 
 
 'J'J. A non-resident may complain by petition to a Council at 
 any time before the ist day of Ma> in the year next following that 
 in which an assessment is made if such complaint was not previ- 
 ously tried, and such Council shall at its first meeting, after one 
 week's notice to the appellant, try and decide upon such com- 
 plaint, an'l all decisions may be appealed as provided by section 
 68 and following sections; if the lands have been assessed 25 per 
 cent, higher than similar lands of residents, the taxes rated on such 
 excess shall be struck oflf. If the land is sub-divided into lots and 
 owined by the same party, statute labour tax shall be charged only 
 on the aggregate assessment. 
 
 EQUALIZATION OF ASSESSMENTS. 
 
 78. County Councils shall, not later than the ist day of July 
 and before imposing any rate, subject to sections 52 and 54, exam- 
 ine the rolls of the several municipalities in the county for the pre- 
 vious year to ascertain if the values in each bear a just relation 
 to the others, and may for county purposes increase or decrease 
 the several aj^gregate valuations so as to produce a just 
 relation of valvces in the coimty; but ther aggregate valuation of the 
 ( ounty as made by the assessors shall not be reduced. 
 
 I - 
 
 li 
 
if 
 
 i 
 
 ' ' ■ 'l ' 
 
 ipl 
 
 
 26 
 
 79. (i) Any municipality dissatisfied witH the equalization 
 may, within ten days after the decision of the Council appeal by 
 notifying the clerk of its willingness to have the final equalization 
 made by the County Judge. 
 
 (2) The Council shall at the same session decide if it is willing 
 to have the equalization made by the County Judge. 
 
 (3) In case any party to the appeal objects to the equalization 
 by the County Judge, the clerk shall notify the Provincial Secre- 
 tary, giving the names of the parties objecting. 
 
 (4) The Governor in Council, upon receipt of such notice, may 
 appoint two persons, one of whom shiall be the sheriflf or registrar 
 of the county and the other a Judge of another county, who, with 
 the County Judge, shall form a Court, and the said Court shall, at 
 the time and place appointed by tht oGvernor in Council, proceed 
 to hear and determine the appeal, and the judgmietLt shall not be 
 deferred beyond the ist day of August, except as provided by sec- 
 tions 52 and 54; and thie Court shall equalize the whole assessment 
 of the county. 
 
 (5) The members of the Court shall each be en'^it ■ • :o a sum 
 not exceeding $10 per day for services, and the Judge of the other 
 county shall be allow'ed travelling and other expenses to be paid by 
 the county. 
 
 (6) Two members shall form a quorum. 
 
 (7) When all parties to the appeal agree to have the final 
 equalization made by the County Judge, the clerk shall forthwith 
 notify the Judge, who shall appoint a time for the hearing within 
 ten days thereafter, when he shall proceed to hear the appeal; 
 subject to sections 52 and 54, judgment shall not be deferred be- 
 yond the I St day of August, and the Judge shall equalize the whole 
 assessment of the county. 
 
 (8) The appointment of county valuators shall not affect the 
 appeal, but the report of such valuators shall be open to review by 
 the Judge or Court. 
 
 (9) The costs shall be in the discretion of the Judge or 1 < ; >. 
 and be subject to taxation on the County Court scale, 
 
 (10) In case any change is made by the Court or Judge in iL 
 assessment the clerk shall be directed to increase or reduce the 
 rate imposed so as to produce the sum required by thie Council. 
 
 80. In case any copy of the assessment roll has not been re- 
 turned, the County Council may equalize the valuations en the 
 best information obtainable, and the rate imposed shall be valid. 
 
 81. The report of valuators shall be attested on oath as re- 
 quired of assessors by section 142. 
 
 82. In apportioning the county rate the Council shall make 
 the amount of property returned on thte assessment rolls, or re- 
 ported by valuators as finally revised and equalized for the preced- 
 ing year, the basis upon which the apportionment is made. 
 
 83. When a new municipality is formed, having no assess- 
 ment roll, the County Council shall exanrlne the rolls of the muni- 
 
27 
 
 cipality of which such new municipality formed a part and ascertain 
 the proportionate assessment. 
 
 84. When a sum is to be levied for county purposes or for -a 
 particular locality, the Council shall direct by by-law what portion 
 shall be levied in each municipality. 
 
 85. The county clerk shall, subject to sections 52 and 54, cer- 
 tify to the clerks of the local municipalities, before the 15th day of 
 August, the total amount to be levied therein for county purposes 
 or for any locality, and such clerks shall calculate and insert the 
 same in the several collectors' rolls. 
 
 86. Nothing herein contained shall alter or invalidate special 
 provisions for collecting a rate for interest on county debentures. 
 
 STATUTE LABOUR. 
 
 87. Persons in Her Majesty's naval or military service on full 
 pay, non-commissioned officers or privates of the volunteer force, 
 certified by the company officer as efficient, shall not be liable to 
 perform statute labour, except such volunteer is assessed for 
 property. 
 
 88. Every other male inhabitant of a city, town or village be- 
 tween 21 and 60 years of age, not exempt nor assessed and whose 
 taxes do not amount to $2, shall be taxed $1 yearly instead of 
 statute labour, to be collected as the Council may by by law direct. 
 
 89. The Council may reduce or abolish the amount to be so 
 paid. 
 
 90. Subject to section 89, no person shall be exempt from 
 the tax mentioned in section 88, unless he produces a certificate 
 that he has performed the labour or paid the tax elsewhere. 
 
 91. Subject to the next section, every male inhabitant of a 
 township between said ages, and who is not assessed, andl is not 
 exempt, shall be liable to one day of statute labour on the roads 
 of the township. 
 
 92. The Council of the township may reduce the amount ot, 
 or abolish statute labour within the township. 
 
 93. Every person assessed for not more than $300 shall be 
 liable to 2 days' statute labour; from $300 to $500, 3 days; from 
 $500 to $700, 4 days; from $700 to $900, 5 days, and for every 
 $300 or fractional part over $150, one additional day. But the 
 Council may by by-law' generally and rateably reduce or increase 
 the number of days labour to which all persons assessed or other- 
 wise shall be liable, so that the statute labour shall be in propor- 
 tion to the assessment. 
 
 (2) In case of farm lots laid out into village lots in town- 
 ships and owned by non-residents who have not required their 
 names to be entered on the roll, the statute labour shall be com- 
 muted on the list under section 121, where the lots are under the 
 value of $200, to a rate not exceeding V2 per cent, on the valuation. 
 
 I' 
 
28 
 
 but the Council may by a general by-law direct a less rate to be 
 imposed — 1897. 
 
 94. The Council of a township may l)y by-law commute the 
 whole or part of the statute labour at not more than $1 per day, 
 which tax shall be entered on the collector's roll and collected like 
 other taxes. 
 
 95. Any local municipal Council may by by-law passed for 
 that purpose, fix a rate not exceeding $1, at Which residents and 
 non-residents may commute their statute labour. 
 
 96. When no such by-law is passed, non-resident statute labour 
 in townships shall be commuted at $1 per day. 
 
 97. Farmers' sons entered on the roll, if not otherwise exempt, 
 shall be liable to perform statute labour or commute therefor as if 
 he were not assessed. 
 
 (2) Every tenant farmer's son resident on thie farm shall be 
 exempt from statute labour as if he were the son of an owner and 
 jointly assessed. 
 
 98. Any person liable to pay the sum named in sections 88 or 
 94 shall pay the same to the collector within two days after 
 demand, and in case of default the collector may levy the same 
 by distress with costs of the distress, and if no sufficient distress 
 can be found , then, upon summary conviction before a Justice of 
 the Peace, the person liable shall incur a penalty of $5, with costs, 
 and in default of payment shall be committed to gaol for a term 
 not exceeding 10 days with hard labour, unless the penalty and all 
 costs are sooner paid. 
 
 (2) Any person making default in performing statute labour 
 under section 91, wlhen required so to do, after six days' notice 
 shall incur a penalty of $5, and upon summary conviction before a 
 Justice of the Peace such Justice shall order the same, together 
 with the costs of prosecution and distress, to be levied by distress 
 of the offender's goods and chattels, and in case there is no suffi- 
 cient distress such offender may be committed to the gaol for' a 
 term not exceeding 10 days, with hard labour, unless the penalty 
 and all costs are sooner paid. 
 
 (3) All sums and penalties, other than costs, shall be paid 
 
 to the treasurer of the local municipality and form part of the 
 statute labour fund. 
 
 ' 99. Non-residents who have not required their names to be 
 entered on the roll shall not be permitted to perform statute labour, 
 but a commutation tax shall be charged against every separate lot, 
 according to its assessed value, and the moneys received from such 
 commutation shall be expended in the statute labour division 
 where the land is situate. 
 
 100. In case a non-resident whose name is entered on the 
 roll does not perform the labour or pay the tax the overseer shall 
 return him as a defaulter to the clerk before the 1 5th day of August, 
 and the clerk shall enter the amount again?*; him in the collector's 
 
29 
 
 roll, and in all cases, resident or non-resident, the statute labour 
 shall be rated against each separate lot according to its assessed 
 value. 
 
 (2) When a person is assessed for lots or parts of several lots 
 not aggregating more than 200 acres, the parts shall be rated as 
 if in one lot, and the statute labour shall be rated against any 
 excess of such parts in like manner, but every resident shall have 
 the right to perform his whole statute labour in the division where 
 his residence is situate, unless otherwise ordered by Council. 
 
 loi. If a resident owner, tenant or occupant, after notice, 
 makes default in performing labour or paying commutation tax, 
 the overseer shall return him as a defaulter to the clerk before the 
 15th day of November, and the clerk shall enter the amount of 
 the tax against his name in the collector's roll of the next following 
 year for collection — 1897. 
 
 (2) The clerk shall notify the overseer for such division in the 
 following year of the amount of such tax, and the overseer shall 
 expend the amount in his division and give an order on tlie treas- 
 urer to the person performing the work. 
 
 STATUTE LABOUR IN UNINCORPORATED TOWN- 
 SHIPS. 
 
 102. Twenty resident landholders in an unincorporated town- 
 ship (either alone or in union with some other township) shall have 
 the right to have a public meeting called to elect road commis- 
 sioners. 
 
 103. Such persons shall sign a requisition authorizing some 
 person, resident or otherwise, to call a meeting of resident land- 
 holders of the township for the purposes aforesaid. 
 
 104. In case the person so named declines or neglects to 
 call a meeting for ten days, any three persons who signed the requi- 
 sition may call the meeting. 
 
 105. Six days' notice shall be given of the place, day and hour 
 of holding the meeting, and such notice shall be placed in six places 
 in the township. . . . . k . . 
 
 106. Commissioners shall be elected at the meeting, not less 
 than three nor more than five. ... * 
 
 107. If the person named in the requisition is present he shall 
 be entitled to be chairman, if absent or declines to act the land- 
 holders may appoint a chairman, w!io shall act as returning officer 
 and have a casting vote, although he may not be a landholder; a 
 secretary shall also be appointed to record the proceedings. 
 
 108. The landholders shall decide how the voting is to be 
 conducted, and if by open vote then one commissioner at a time 
 shall be elected, if by ballot then all the commissioners shall be 
 voted for at the same time. 
 
 109. At the request of any two landowners, the chairman shall 
 direct the secretary to record the names of all persons voting and 
 (unless the vote is by ballot) how each votes. 
 
 ! ^1 
 
 i 
 
80 
 
 i , 
 
 I f 
 
 t I 
 
 i' 
 
 no. If objection is taken to the right of any person to vote 
 the chairman shall administer an oath or affirmation to such person. 
 in the form under this section. 
 
 111. The commissioners shall hold office until the 31st day 
 of December, and take a declaration of office similar to a municipal 
 councillor. 
 
 112. They shall meet within a fortnight after their election 
 
 and name the roads, places and times where statute labour is to 
 be performed. j 
 
 113. The time for performing statute labour shall be not earlier 
 than 20th June nor later than 20th July, unless the said meeting 
 form two days' statute labour for every 100 acres he holds, and for 
 should direct otherwise. 
 
 114. Each owner or locatee of land may be required to per- 
 the second ten acres cleared an additional day, and for every twenty 
 acres cleared after the first ten acres an additional day; each 
 householder may be required to perform one day's labour. 
 
 (2) Any landowner owning less than 100 acres may be required 
 to perform statute labour as the commissioners may direct, not 
 exceeding the above scale where the land is part cleared and not 
 exceeding two days where no part of the land is cltared. 
 
 115. The Commissioners shall act as overseers, and may each 
 be paid for two days labour at $1.25 per day if such time is 
 expended above the number of days labour he may be required to 
 perform; they may apoint overseers and require returns to be 
 made, and shall have the. same powers as municipalities in refer- 
 ence to statute labour. n.,- 
 
 116. i^Ay person may commute his statute labour at $1 per 
 day, which shall be expended on the roads where the labour should 
 have been performed. 
 
 117. The commissioners may call a meeting in January for 
 the election of their successors, and in default a meeting may be 
 called as hereinbefore provided. 7 
 
 118. Any person refusing or neglecting to perform his statute 
 labour after six days' notice shall incur a penalty of $5 and $1 addi- 
 tional for each day that he may make default, to be expended on 
 said roads, and on conviction before a Justice of the Peace the Jus- 
 tice shall order the penalty and all costs to be levied by distress of 
 the offender's goods and chattels. 
 
 Ii8a. The commissioners shall serve during the term for which 
 they are elected, or forfeit the sum of $5, which may be sued for 
 by any three debtors. . .... yrqg 
 
 COLLECTION OF RATES. 
 
 119. The clerk of every local mttnicipality shall prepare collec- 
 tor's rolls and shall insert in proper columns therein the name of 
 «very person assessed, the assessed value of his real and personal 
 
31 
 
 property and taxable income, as finally revised, also the amount 
 chargeable for " County Rates," " Township Rate," " Village 
 Rate," " Town Rate," or " City Rate," as the case may be, the 
 commutation of statute labour, school rates and other special rates 
 which are required to be kept distinct, each rate to be calculated 
 separately and a special heaanig provided for each such rate. 
 
 119a. The Council of a city or tow^ may by. by-law provide 
 that the clerk shall make a collector's roll or rolls, as may be neces- 
 sary, containing all the information required herein to be entered 
 by the collector therein; and in such roil or rolls he shall set down 
 the names in full of every person assessed and the assessed value 
 of his real and personal estate and taxable income, as ascertained 
 after the final revision of the assessments and opposite said assessed 
 value as therein described of each respecuve person, he shall set 
 down in a column the amount for which the person is chargable, 
 for all sums ordered to be levied by the Council of the municipality 
 for the purposes tliereof . | 
 
 (2) Appended to each and every such roll or rolls there shall 
 also be a table setting forth the following information, viz.: — 
 
 (a) The total amount of taxes levied and collected under and 
 by virtue of such roll or rolls; (b) the name and amount of each 
 rate levied by the municipality which is required by law or by the 
 by-law imposing it to be kept distinct and accounted for separately, 
 and specifying the aggregate proceeds of each such rate so levied 
 and collected — 1896. 
 
 120. Moneys payable to the Treasurer of the Province shall 
 be assessed, levied and collected and entered on the roll in the same 
 manner as local rates, and the clerk shall deliver the roll, certified 
 under his hand, to the collector on or before the ist day of October 
 '>r such other dayasmay be prescribed by a by-law of the muni- 
 cipality. — up? Hin.x 
 
 121. The clerk shall also prepare a roll in which he shall set 
 down the names of non-residents not entered on the assessor's 
 roll, with the value of every lot, part of lot or parcel as ascertained 
 after the revision of the rolls, and shall enter opposite each lot or 
 parcel all rates or taxes and percentages, if any, under section 53 
 hereof, and shall transmit such) roll, properly certified by his hand, 
 to the treasurer of the county or city or town, as the case may be,, 
 on or before the ist day of November. 8atec 
 
 COLLECTORS AND THEIR DUTIES. 
 
 £22. The collector, upon receiving his roll, shall proceed to 
 collect the taxes therein mentioned. 
 
 123. In cities and towns he shall call at least once on the 
 person taxed or at the place of his usual residence or domicile, or 
 place of business, if within the local municipality, and shall demand 
 payment of the taxes payable by such person and shall leave with 
 the person taxed at his residence, domicile or place of business. 
 
 I 
 
 m 
 
r^ 
 
 32 
 
 or upon the premises in respect of which the taxes are payable, a 
 written or printed notice specifying the amount of such taxes, and 
 shall at that time enter on his roll the date thereof opposite the 
 name of such person, and such entry shall be prima facie evidence 
 of such demand; such notice shall contain a schedule showing the 
 different rates und the amount on the $ to be levied for each rate 
 to make up the aggregate mentioned in the notice. 
 
 (2)In places other than cities and towns he shall call at least 
 once on the person taxed or at his residence or place of business, if 
 within the municipality, and shall demand payment of the taxes 
 payable by such person, or if empowered by a by-law of the muni- 
 cipality he shall leave with the person taxed or at his residence or 
 place of business a written or printed notice specifying the amount 
 of the taxes, and shall then enter the date thereof on his collection 
 roll, opposite the name of the person taxed, which shall be prima 
 facie evidence of such demand. 
 
 124, Subject to section 53, in case a person neglects to pay his 
 taxes for fourteen days after such demand or after notice served 
 as aforesaid, or in case of cities and towns, after such demand or 
 notice as aforesaid the collector may b^ hirnself or agent, subject 
 to the exemption provided by sections 27 and 28 of the Act respect- 
 ing the Law' of Landlord and Tenant, levy the same with costs by 
 distress of the goods and chattels of the person who ought to pay 
 the same, or of any goods and chattels in his possession wher- 
 ever the same may be found within the county in which the local 
 municipality lies. 
 
 (2) If at any time after demand has been made or notice 
 served, pursuant to such by-law, or in case of cities and towns 
 after demand made or notice served by the collector, and before 
 the expiry of the time for payment of the taxes the collector has 
 good reason to believe that any party by whom taxes are payable 
 is about to remove his goods and chattels out of the municipality 
 before such time has expired and makes affidavit to that effect 
 before the mayor or reeve of the municipality or before a Justice 
 of the Peace, such mayor, reeve or Justice shall issue a warrant to 
 the collector authorizing him to levy for the taxes and costs in 
 the manner provided by this Act, although the time for payment 
 thereof may not have expired and such colVector may levy accord- 
 ingly. 
 
 (3) A city shall for the purposes of this section be deemed to 
 be within the county of which it forms judicially a part, 
 
 (4) The costs chargeable in respect of any such distress and 
 levy shall be those pavable to bailiffs under the Division Courts 
 Act. 
 
 (5) No person shall make any charge for anything in connec- 
 tion with any such distress or levy unless sucli thing has been 
 actually done 
 
88 
 
 (6) In case any person offends against sub-sec. 5 of this section 
 or levies a greater sum for costs than is authorized by sub-sec. 4, 
 proceedings may be' taken against him as in cases provided by sec- 
 tions 2 to 7, inclusive, chap. 63, R.S.O., 1887, and all the provi- 
 sions of said sections shall apply — 1897. 
 
 In case of distress for non-payment of taxes where the owner 
 or person assessed is not in possession, the goods and chattels on 
 the premises not belonging to the person liable for the taxes shall 
 not be subject to seizure — 1896. 
 
 125. The collector shall transmit by post to non-residents, in 
 accordance with the notice given by 'such non-resident, a statement 
 and demand of the taxes charged against them and shall at such time 
 tnter the date thereof on the roll' opposite the name of suchi per- 
 son, which shall be evidence of the time thereof, and such demand 
 shall contain the name and postoffice address of such collector. 
 
 126. In case of the land of non-residents entered on the roll, 
 the collector, after one month from the date of th!e deivery of th.' 
 loU to him and after fourteen days from the time such demand as 
 aforesaid has been so transmitted by post, may make distress of any 
 goods and chattels upon the land in the same manner and subject 
 to the same limitations as provided in section 124 — 1896. 
 
 127. The collector shall post notices in at least three public 
 places of the municipalit}' giving at least six days' notice of the 
 time and place of such sale and the name of tht person whose 
 property is to be sold, and shall at the time named in the notice sell 
 at public auction the goods and chattels dist ined, or so much 
 thereof as may be necessary. 
 
 128. If the property has been sold for more than the taxes and 
 costs and no claim is made to tht surplus by any other person, such 
 surplus shall be returned to the person who held the property when 
 the distress was made. 
 
 129. If such claim is made by the person for whos& taxes the 
 property was distrained and the claim is admitted, the surplus shall 
 be paid to the claimant. 
 
 130. If the claim is contested, the surplus shall be paid to the 
 municipality treasurer, who shall retain the same until the rights 
 of the parties have been determined. 
 
 131. Taxes not recoverable in manner provided by this Act 
 may be recovered with interest and costs as a debt due the muni- 
 cipality, in which case a copy of so much of the collector's roll as 
 relates to such taxes, certified by the clerk, shall be prima facia 
 evidence of the debt. 
 
 131a. Where taxes are due upon any premises occupied by a 
 tenant who is not liable to pay the same, such tenant, upon receiv- 
 mg notice from the collector, is required to pay to such collector 
 to the amount of the taxes and costs, and the collector shall have 
 full authority to collect the rent for such purpose— 1896. 
 
1 
 
 34 
 
 ill 
 
 J 
 I 
 
 I ' 
 
 in 
 
 132. In towns, villages and townships « very collector shall re- 
 turn his roll to the treasurer on or before the 14th day of December 
 in each year or on such day in tlxe next year not later than the ist 
 day of February as the Council may appoint, and shall pay over 
 the amount payable to such treasurer, specifying in a separate 
 column how' much is for each separate rate, and shall make oath 
 before the treasurer that the entries required by sections 123 and 
 125 in each case has been truly stated by him in the roll. 
 
 (2) In towns and villages the collector shall pay to the trea- 
 surer weekly the amount of taxes collected — 1894. 
 
 (3) In townships the colle«tor shall pay to the treasurer once 
 in every two weeks the amount of taxes collected. 
 
 133. In case the collector fails or omits to collect the taxes 
 or any portion thereof by the day appointed or to be appointed as 
 aforesaid, the Council may by resolution authorize the collector or 
 some other person to continue the levy and collection of the un- 
 paid taxes in the manner and with the powers provided for the 
 general levy and collection of taxes, 
 
 (2) No such resolution shall alter or afifect the duty of the 
 collector to return his roll or shall in any manner whatsoever in- 
 validate or otherwise aflfect the liability of the collector or his 
 sureties. 
 
 134. The Council of every city may by by-law fix the time for 
 the return of the collector's roll and any enlargements of the same. 
 
 135. If any of the taxes mentioned in the collector's roll remain 
 unpaid and the collector is not able to collect the same, he shall 
 deliver to the treasurer an account of all the taxes reinaining due 
 on the roll, and in such account the collector shall show opposite to* 
 each assessment the reason why he could not collect the same by 
 inserting in each case the words " Non-resident," or '* Not suffi- 
 cient property to distrain," or " Instructed by Council not to col- 
 lect," as the case may be; he shall also furnish the clerk with a 
 duplicate of cuch account, who shall, on receipt thereof, mail a 
 notice to each person on the roll against whose land arrears of 
 taxes appear. 
 
 136. Upon making oath before the treasurer that the sums 
 mentioned in such account remain unpaid for the reasons therein 
 mentioned, the collector shall be credited with the amount not 
 
 realized. 
 
 137. The taxes accrued on any land shall be a special lien on 
 such land, having preference over any claim, lien, privilege, or in- 
 cumbrance of any party, except the Crown, and shall not require 
 registration to preserve it. 
 
 138. The Commissioner of Crown Lands shall, in the month 
 of February in every year, transmit to the treasurer of every county 
 a list of all the land within the county, patented, located as free 
 grants, sold or agreed to be sold by the Crown, or leased or ap- 
 
85 
 
 pointed to any person, or in respect of which a license of occupa- 
 tion issued during the preceding year. 
 
 139. The county treasurer shall furnish to the clerk of each 
 local municipality in the county a copy of the said lists so far as 
 regards lands in such municipality, and such clerk shall furnish 
 thie assessors respectively with a statement showing what lands 
 
 in the said annexed list are liable to assessment in such assessor's 
 district. 
 
 ARREARS OF TAXES. 
 
 Treasurers', Clerks' and Assessors' Duties. 
 
 i 
 
 140. The treasurer of every county shall furnish to the clerk 
 of each municipality, except cities and towns in the county, and 
 the treasurer of every city and town shall furnish to the clerk of 
 his municipality a list of all the lands in his municipality, in respect 
 of which any taxes have been in arrears for three years next pre- 
 ceding the 1st day of January in any year; such list shall be so fur- 
 nished on or before the ist day of February in every year and shall 
 be headed as follows, " List of lands liable to be sold for arrears of 
 taxes in the year 18—; " and the taxes for the first year of the three 
 which have expired on any land to be sold for taxes shall be deemed 
 to have been due for three years, although not placed on a col- 
 lector's roll until some month in the year later than January. 
 
 141. The clerk shall keep the said list on file in his office sub- 
 ject to inspection by any person, and shall provide the assessors 
 with a copy of such list in each year; as soon as appointed the 
 assessors shall ascertain if any lands in such list are occupied or 
 incorrectly described and notify the occupants or owners, if known, 
 and whether resident or not on their assessment notices, that the 
 land is liable to be sold for arrears of taxes, and enter in a column 
 the words, " Occupied and parties notified,'" or " Not occupied," 
 or " Incorrectly described," as the case may be; such lists shall 
 be signed by the assessor and returned to the clerk with the roll, 
 noting any error therein. The clerk shall file the same in his office 
 for public use, and furnish the county treasurer with a copy of the 
 same, certified under the corporate seal, and every such list or copy 
 thereof shall be received in any court as evidence in any case con- 
 cerning the assessment of such lands. 
 
 142. The assessors shall certify each list by oath as follows : 
 1 do certify that I have examined all the lots in this list named, 
 and that I have entered the nams of all occupants thereon, as well 
 as the names of the otwtiers thereof when known; and that all the 
 entries relative to each lot are true and correct to the best of my 
 knowledge and belief. 
 
 143. The clerk shall examine the assessment roll when re- 
 turned by the assessor and ascertain if any lot in said list received 
 from the treasurer, pursuant to section 140, is entered upon the 
 
 I 
 
 ! 1 
 
86 
 
 roll of the vear as then occupied or incorrectly described, and shall 
 forthwith transmit to th<? treasurer a list of the several parcels of 
 land which appear on the resident roll as having become occupied 
 or have been returned as incorrectly described. 
 
 (2) Except in the cases provided for by sections 52 and 54, on 
 or before the 15th day of September in the then current year, the 
 county treasurer shall return to the clerk of each local municipality 
 other than a city or town, and every city or town treasurer shall 
 return to the clerk of the city or town, an account of all arrears of 
 taxes due on such occupied lands, including the percentage charge- 
 able under section 157 — 1895. 
 
 (3) The clerk shall, in making out the collector's roll of the 
 year, add such arrears of taxes to the taxes assessed against such 
 occupied lands for the current year, and such arrears shall be col- 
 lected in the same manner as all other taxes on the roll. 
 
 144. If there is not sufficient distress upon any of said occupied 
 lands to satisfy the current taxes as well as the arrears, the col- 
 lector shall so return it in his roll to the treasurer, showing the 
 amount collected and the amount unpaid, with the reason for non- 
 payment, 
 
 145. The treasurer of every township and village shall, within 
 14 days after the time appointed for the return of t' roll and be- 
 fore the 8th day of April, furnish the county treasu vith a state- 
 ment of unpaid taxes and school rates in said roll Oi ^chool trus- 
 tees to be collected. 
 
 (2) Such return shall contain a description of the land, a state- 
 ment of unpaid arrears of taxes and of arrears of taxes paid on 
 lands of non-residents which have become occupied, as required 
 by section 141, and such other information as the county treasurer 
 may demand to enable him to ascertain the tax chargeable upon 
 any land for the year; such treasurer shall not be bound to receive 
 said statement after the 8th day of April in each year. 
 
 146. In case it appears by said statement that the arrears of 
 taxes upon the occupied lands, mentioned in section 143, remain in 
 arrears, such land shall be liable to be sold for such arrears and 
 shall be included in the next list of lands to be sold by the county 
 treasurer under section 160, although occupied when such sale 
 takes place ; such arrears need not be again placed on the roll for 
 collection. 
 
 147. If the clerk neglects to perform the duties required to be 
 performed by him under sections 140, 143 or 144, or if any assessor 
 neglects to examine the lands on each such list and make returns 
 as directed, every officer making default shall, on summary convic- 
 tion before two justices of the peace having jurisdiction, be liable to 
 the penalties imposed by sections 225. 226 and 227; such fines shall 
 be recoverable by distress of the goods and chattels of the party in 
 default. 
 
 148. After the return of the roll to the treasurer of a town or 
 
87 
 
 village and before the statement mentioned in section 145 has been 
 furnished to the county treasurer, arrears of taxes may be paid to 
 the local treasurer, but not afterwards by any officer of the muni- 
 cipality. 
 
 (2) After such statement is furnished to the county treasurer, 
 arrears of taxes and all taxes on lands of non-residents shall be 
 received by him only, and he shall give a receipt therefor specify- 
 ing the amount paid, for what period, a description of the land 
 and date of payment, in accordance with section 205. 
 
 149. Any local municipality may by by-law remit in whole or 
 in part any taxes due or to become due upon any particular lands of 
 non-residents, whereupon it shall be the duty of the clerk to furnish 
 the officer having the collection of such arrears with a copy of such 
 by-law, and he shall then collect only such amount of taxes as are 
 not remitted. 
 
 150. The treasurer shall not receive less than the whole of the 
 arrears unless proof is produced of previous payment or erroneous 
 charge, but if proof is adduced that any land has been sub-divided, 
 he may receive the proportion of taxes chargeable upon any sub- 
 division, and he max in his books divide any parcel of land returned 
 as in arrears into a tnany parts as may be required. 
 
 151. ihe treai^urer, on demand, shall give to the o"w"ner ot 
 
 land charged with arrears a written statement of such arrears, and 
 may charge 20 cents for thie search and statement on each separate 
 lot not exceeding four, and for every addtional ten lots a further 
 fee of 20 cents; but he shall not make any charge for search to 
 any person who forthwith pays the taxes. 
 
 152. The county treasurer shall keep a separate book for each 
 township and village, in which he shall enter all thie lands on which, 
 from returns made to him, it appears that there are any taxes un- 
 paid and the amount so due; and he shall, on the ist day of May 
 in every year, complete and balance his books by entering against 
 every parcel of land the arrears due at the last settlement and the 
 unpaid taxes of the previous year, also the total taxes chargeable 
 upon the land at that date. 
 
 153. In case of municipalities being united or disunited, or the 
 Vv-hole or part of a municipality is added to or detached from any 
 county or to or from any other municipality, the treasurer shall 
 make such alterations in his books that -arrears due on account of 
 any land at the date of the alteration shall be placed to the credit 
 of the municipality within which the land becomes situate. 
 
 154. If on the I St day of May it appears to the treasurer that 
 any land has not been assessed, he shall report the same to the 
 clerk thereupon, or if the clerk obtains such information he shall, 
 under the direction of the Council, enter such land on the next 
 collector's roll or non-resident roll, as the case may be, for arrears 
 of the previous year, as well as for the tax of the current year; the 
 valuation shall be the average valuation of the three previous years 
 
 f 
 
 ( 
 
 i 
 
I 1^ 
 
 38 
 
 l! 
 
 1 1 
 
 hi 
 
 ' a' 
 
 if so assessed for three years, otherwise the assessor shall value 
 such land and certif> Lhe valuation in writing to the clerk ; and the 
 owners of such lands shall have the right of appeal to the Council 
 after the taxes have been demanded, but within fourteen days after 
 such demand, which demand shall be made before the loth day 
 of November ; and the Council shall hear and determine the appeal 
 not later than the ist day of December. 
 
 155. lhe county treasurer may correct clerical errors dis- 
 covered by himself or certified to him by the clerk of any muni- 
 cipality. 
 
 150. J he treasurer shall not be bound to accept trom any 
 
 person a receipt for taxes purporting to be from a trustee or muni- 
 cipal officer unless certified by the clerk or is satisfied that the tax 
 has been paid. 
 
 157. The treasurer shall add ten per centum on arrears due 
 upon land on the ist day of May in every year. 
 
 (2) When taxes are payable by instalments and five per cent, 
 has been added by reason of default in payment, then five per cent, 
 shall be added ^n the first day of May in each year instead of ten 
 per cent., or sufficient to make ten per cent, in all when less than 
 five per cent has been added in the first instance — 1894. 
 
 157a. In cities hiaving a population of 100,000 and upwards, if 
 on the ist day of May it appears that there are any arrears due on 
 any land, the treasurer shall add to the whole amount due the legal 
 rate of interest; but in every municipality where by by-law taxes 
 are payable by instalments and a percentage has been added to 
 such taxes by reason of default in the payment of any instalment, 
 the treasurer shall add to any balance remaining unpaid on the ist 
 day of May the legal rate of interest, less whatever has been already 
 added by reason of default — 1896. 
 
 158. Wlhiere the county treasurer is satisfied that there is dis- 
 tress upon lands of non-residents in arrear for taxes in a township 
 or village, he may issue a warrant under his hand and seal to the 
 collector of such municipality, who shall levy the amount due upon 
 any goods and chattels found upon the land in the same manner 
 as under sections 124 to 130, inclusive, with respect to distresses 
 made by collectors. 
 
 159. Unpatented land vested in or held by Her Majesty which 
 may hereafter be sold or agreed to be sold to any person, or wliich 
 may be located as a free grant, shall be liable to taxation from the 
 date of such sale or grant; and any such land which had been 
 already sold or agreed to be sold to any person, or had been located 
 as a free grant prior to the ist day of January, 1863, shall be held 
 to have been liable to taxation since the ist day of January, 1863, 
 and all suc'n lands shall be liable to taxation thereafter in tihie same 
 ^v£y as other land, notwithstanding any action which may be taken 
 in respect of said land, but such taxation sh^U not in any way affect 
 the rights of Her Majesty in t.uch lands. 
 
39 
 
 SALE OF LANDS FOR TAXES. 
 
 i6o. Where a portion of the tax on any land has been due for 
 and in the third year or for more than three years preceding the 
 current year, the treasurer of the county shall, unless otherwise 
 directed by a by-law of ihe County Council, submit to the warden of 
 such county a list in duplicate of all the lands liable to be sold for 
 t::xes, with the amount of arrears against each lot set opposite to 
 the same, and the warden shall' sign and affix the seal of the corpora- 
 tion thereto, and one of such lists shall be deposited with the clerk 
 of the county, and the other shall be returned to the treasurer with 
 a warrant thereto annexed under the hand of the w^arden and the 
 s'^al of the county, commanding him to levy upon the land for the 
 arrears due thereon with his costs. This section shall not apply to 
 the Districts of Muskoka and Parry Sound. 
 
 i6i. The Council of a county, city or town shall have powter from 
 time to time to extend beyond the term of three years thte time for 
 the enforced collection by sale of non-rsident taxes by by-law passed 
 for that purpose. 
 
 For the purposes of tax sales the Council of any county may 
 by by-law divide the county into districts each of which may con- 
 tain one or more municipalities, and the by-law may as to each 
 of such districts provide that thereafter the sales of lands situate 
 therein for arrears of taxes shall be held by the treasurer at such 
 place in the district as may be named in the by-law, and every 
 advertisement or notice of any such sale shall state the name or 
 number of the district and the place therein at which the sale will 
 be held — 1897. 
 
 162. The treasurer need not make enquiry before affecting a 
 sale of lands for taxes to ascertain whether or not there is any dis- 
 tress upon the land ; nor need he enquire into or form any opinion 
 of the value of the land. 
 
 163. The treasurer shall not sell any lands which have not been 
 included in the lists tuniished by hirh to the several municipal 
 
 clerks in January preceding the sale, nor pny lands returned to him, 
 as occupied under section 143, except the lands the arrears for 
 vihich had been placed on the roll of the preceding year, r.nd agaii 
 returned unpaid and still in arrear in consequence of insufficient dis- 
 tress being found on the lands. 
 
 164. The county treasurer shall prepare a copy of the list of 
 land to be sold under section t6o and shall include in a separate 
 column a statement of costs chargeable on each lot for advertis- 
 ing and for commissions, distinguishing tire lands as patented, un- 
 patented or under lease or license, and cause such list to br -pub- 
 lished four weeks in the Gazef-e and once a week for thirteen 
 weeks in some new3pap«Lr within the county, also in each county 
 of a union, and if none so published, then in the county where a 
 
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 u 
 
 
 1 
 
 p 
 
 1 
 
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 40 
 
 newspaper is iblished, or if none be so published, then in a news- 
 paper pubUshed in an adjoining county. 
 
 (2)When a junior county is separated from a union of counties 
 after a return is made to the treasurer of the united counties of 
 lands in arrears for taxes, but such) lands have not been advertised 
 for sale by the treasurer of the united counties or senior county, 
 such treasurer shall return to the treasurer of the junior county a 
 list of all the lands within the junior county returned as in arrear 
 for taxes and not advertised; and the treasurer and warden of the 
 junior county shall have power respectively to take all the proceed- 
 ings which treasurers and wardens can take for the sale and con- 
 veyance of lands in arrears for taxes; but in case the lands in such 
 junior countv have been advertised by the treasurer of the united 
 counties before such separation, the sale of such lands shall be 
 completed in the same manner as if the separation had not taken 
 place. 
 
 165. The advertisement shall state that unless the arrears and 
 costs are sooner paid, the treasurer will proceed to sell the lands for 
 taxes on a day and at a place named in the advertisement. 
 
 166. Tliie day of sale shall be more than ninety-one days after 
 the first publication of the list. 
 
 167. The treasurer shall also post a notice similar to said ad- 
 vertisement in some public place at the court house of the county 
 at least three weeks before the time of sale. 
 
 168. The treasurer shall in each case add to the arrears pub- 
 lished his commission or other lawful charges and the costs of pub- 
 lication. 
 
 169. If at any time appointed for the sale of the lands no bid- 
 ders appear the treasurer may adjourn the sale from time to time. 
 
 170. If the taxes have not been previously collected, or if no 
 l^erson appears to pay the same at the time and place appointed for 
 the sale, the treasurer shall sell by public auction so much of the 
 land as is sufficient to discharge the taxes and all lawful charges 
 incurred in and about the sale, and the collection of the taxes, sell- 
 ing in preference such part as liie may consider best for the owner 
 to sell first; and in offering or selling such lands it shall not be 
 necessary to describe particularly the portion of the lot which is 
 to be sold, but it shall be sufficient to say that he will sell so much 
 of the lot as may be necessary to secure the payment of the taxes 
 due; and the amount of taxes stated in the treasurer's advertise- 
 ment shall in all cases be" the correct amount due, 
 
 (2) If the treasurer fails at such sale to sell any land for the 
 full amount of arrears of taxes due, he shall at such sale adjourn the 
 same until a dav then to be publicly named by him, not earlier than 
 one week nor 'later than three months thereafter, of which ad- 
 journed sale he shall give notice by public advertisement in the 
 local or other paper whiohi contained the original advertisement, 
 and on such day he shall sell such lands, unless otherwise directed 
 
41 
 
 by the local municipality in which they are situate, for any sum 
 he can realize, and shall accept such sum as full payment of such 
 arrears of taxes; but the owner of any land so sold for less than 
 the full amount chargeable against the same shall not be at liberty 
 to redeem the same except upon payment to the county treasurer 
 of the full amount of taxes due, together with the expenses of sal j 
 and the ten per cent, mentioned in section i8o; and the tpeasurer 
 shall account to the local municipality for the full amount of laxes 
 paid — 1897. 
 
 (3) If the Council of the municipality in which the same shall 
 be situate desire to become the purchasers of any lot to which sub- 
 section 2 refers for the arrears of taxes thereon, it shall be lawful 
 for such municipality to purchase the same if the price offered at 
 such adjourned sale shall be less than the amount of such arrears; 
 and if the Council shall before the day of such adjourned sale have 
 given notice in writing of the intention so to do, and it shall be 
 the duty of the Council to sell any lands which shall be so acquired 
 within three years from the time wlhien they shall be acquired; but 
 the owner of any land so purchased by the municipality shall not 
 be at liberty to redeem the same except upon payment to the county 
 treasurer of the full amount of the taxes due, together with the 
 expenses of sale, and the treasurer shall account to the municipality 
 for the full amount of tthe taxes paid — 1897 
 
 171. If the treasurer sells any interest in land of which the fee 
 is in the Crown, he shall only sell the interest therein of the lessee, 
 licensee or locatee, and it shall be so distinctly expressed in the 
 conveyance to be made by the treasurer and warden, and such 
 conveyance shall give tli purchaser thie same rights in respect of 
 the land as the original occupant enjoyed, and shall be valid, with- 
 out requiring the assent of the Commissioner of Crown Lands. 
 
 171a. If the treasurer of a county, city or toWn sells any in- 
 terest in lands of which the Crown is or was the mortgagee or has 
 any claim thereto on account of unpaid purchase money, he shaU 
 only sell the interest therein of the owner of the equity of redemp- 
 tion for the time being or of the purchaser, and it shall be so dis- 
 tinctly expressed in the conveyance to be made by the treasurer 
 and warden or mayor, and such conveyance sliall in no wise affect 
 the rights of the Crown in the said lands, under the mortgage or 
 otherwise, and shall give the purchaser the same rights only as 
 the owner of the equity of redemption or purchaser from the Crown 
 enjoyed. 
 
 171b If the treasurer sells any interest in .and of which the 
 fee is in the city, town or other municipality in respect of Which the 
 taxes accrue, he shall only sell the interest therein of the lessee or 
 tenant, and it shall be so distinctly expressed in the conveyance 
 to be made by the treasurer and warden, and such conveyance shall 
 only transfer the rights of the original lessee or tenant — 1897. 
 
 i. 
 
m 
 
 42 
 
 172. If the purchaser of any parcfcl of land fails immediately 
 to pay to the treasurer the amount of the purchase money, the tr< a- 
 surer shall forthwith put up the property again for sale. 
 
 172a. No sale of lands for taxes under a drainage by-law shall 
 invalidate or in any way afifect the collection of a rate assessed 
 against such lands prioi U> the date of the &ale, but which sh a.H 
 accrue after the rates or taxes in respect of which the sale is had 
 became due and payable or after the sale. 
 
 CERTIFICATE OF SALE— TAX DEED. 
 
 173. The treasurer, after selling any land for taxes, sh'all give a 
 certificate to the purchaser stating what part of the land and what 
 interest therein have been so sold, describing the same, also stating 
 the sum for which it ibas been sold, the expenses of sale, and t!'.?tt 
 a deed conveying the same to the purchaser or his assigns will be 
 executed by the treasurer and warden under sections 170 and 171 
 •on his or their demand at amy time after one year from the date of 
 the certificate, if the land is not previously redeemed 
 
 174. The! purchaser shall, 'on receipt of the treasurer's certifi- 
 cate of sale, become the ('o'WTier o! tih(e land, so far as to have all 
 necessary rights of action and powers for protecting the same from 
 spoliation or waste until the expiration of the time during which 
 the land may be redeemed ; but he shall not knowingly permit any 
 person to cut timber growing upon the land or otherwise injure 
 the land, nor shall he do so himself, but lie may use the land with- 
 out deteriorating its value. 
 
 (2) The purchaser shall not be liable for damage done v/ithcut 
 his knowledge to the property during the time the certificate is i- 
 force 
 
 175. From the time of a tender to the treasurer of the full 
 amount of redemption money required the purchaser shall cease 
 to have any further right in or to the land in question, 
 
 176. Every treasurer shall be entitled to tw^o and one-half per 
 centum commission upon the sums collected by him as aforesait', 
 except that where the taxes against any parcel of land are less than 
 ^To the treasurer shall be entitled to charge in lieu of his commis- 
 sion 25 cents. 
 
 177. Where land js sold by a treasurer under section 164 and 
 following sections, he may add commission and costs to the am- 
 ount of arrears on< those lands in respect of w'hicb such services 
 have been performed and he shall give a statement in detail with 
 each certificate of sale of the arrears and costs incurred. 
 
 178. The treasurer shall, in all certificates and deeds given for 
 lands sold at such sale, give a description of the part sold with suit^- 
 cient certainty, and if less tlhlan a whole lot is sold, then he shall 
 give such a general description as mav enable a surveyor to lay off 
 the piece sold on the ground: and he may make search in the 
 
43 
 
 t*K! 
 
 registry office to ascertain the description and boundaries of the 
 whole parcel, and he may also obtain a surveyor's description of 
 such lots, to be taken from the registry office or the Government 
 maps, where a full description cannot otherwise be obtained, such 
 surveyor's fee not to exceed $i ; and tlhe charge so incurred shall 
 be included in the account and paid by the purchaser of the land 
 sold or the party redeeming the same. 
 
 179. Except as before provided, the treasurer shall not be en- 
 titled to any other fee or emoluments whatever for any services ren- 
 dered by him relating to the collection of arrears of taxes on lands. 
 
 180. Subject to the provisions of sub-section 2, section 170, 
 the owner of any land which may be sold for taxes, his heirs or 
 assigns or any other person may, at any time w'ithin one year from 
 the day of sale, exclusive of that day, redeem the estate sold by 
 paying to the county treasurer for the use of the purchaser the sum 
 paid by him, with ten per cent, thereon; and the treasurer shall 
 give to fhie party paying such money a receipt therefor, which shall 
 be evidence of redemption ; provided that if such lands have been 
 purchased by the municipality wherein situated, under section 170, 
 may only redeem the same upon payment of the full taxes due, with 
 expenses of sale — 1897. 
 
 181. If the land is not redeemed within one year, then on de- 
 mand of the purchaser or his representative at any time and on 
 payment of $1. the treasurer and warden shall deliver him a deed 
 in duplicate of lihie land, which may include any number of lots 
 purchased. 
 
 182. The words " treasurer " and " warden " shall mean, the 
 persons holding said offices when the deed is to be executed. 
 
 183. The deed shall' be in the form or to the effect of schedule 
 K and describe the land according to section 178, and shall vest 
 the land in the purchaser in fee simple or according to the estate 
 sold. 
 
 184. The deed shall be registered within eighteen months, 
 otherwise it shall not operate against the prior registration of a 
 subsequent purchaser's deed. 
 
 (2) The registrar, upon production of the duplicate deed shall 
 register and certify the same. 
 
 185. On receipt by the registrar of the county of a sherifif's 
 certificate of sale of land for taxes prior to ist January, 1851, and 
 on production of the sheriff's conveyance, such registrar shall 
 register any sherifif's deed sold before such date ; as respects land 
 sold for taxes between the ist days of January, 185 1 and 1866, the 
 sheriff shall give the purchaser a certificate as in last section, and 
 such certificate shall be deemed a memorial of the deed; and the 
 deed shall be registered and a certificate given on such proof; 
 the registrar's fees shall be 70 cents. 
 
 187. The treasurer shall keep in a book a full record of all 
 transactions relating to sales for taxes with an index thereto, and 
 
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 44 
 
 such book and all collectors' rolls and otihler documents relating to 
 non-resident land shall be filed among the county records. 
 
 i88. If any tax has been due for the third or more years pre- 
 ceding the sale thereof and the same is not redeemed in one year 
 after the sale, such sale and the official deed to the purchaser shall 
 be final and binding upon the former owner and claimants under 
 hinn. 
 
 189. When land is sold for taxes and a deed given, sucb deed 
 shall be valid and binding, except as against the Crown, if not ques- 
 tioned before some court of competent jurisdiction by a person in- 
 terested in the land within two years after the sale. 
 
 190. In all cases where lands are sold for taxes, whether such 
 sale is or is not valid, then so far as regards rights of entry adverse 
 to any bona fide claim or right, whether valid or invalid, derived 
 mediately or immediately under suchi sale, section 9 of The Act re- 
 specting the Law and Transfer of Property shall not apply, to the 
 end and intent that in such cases the right or title of persons claim- 
 ing adversely to any such sale shall not be conveyed where any 
 person is in occupation adversely to such right or title, and that in 
 such cases the comon law and sections 2, 4 and 6 of the statute 
 passed in the 32nd year of the reign of King Henry VIII. and chap- 
 tered 9 be revived, and the same are and shall continue to be re- 
 vived. 
 
 192. In all cases (not excepted by subsection 3) where lands liable 
 for taxes are sold and the sale is invalid by reason of improper dis- 
 cription of the land, and the purchaser has entered upon and im- 
 proved the same, then in case the purchaser is liable to be ejected 
 under any action the jury or Judge, as the case may be, shall assess 
 damages for the defendant for the amount of the purchase money 
 and interest, the subsequent taxes paid and interest, and any loss 
 sustained for improvements made before the action, less all allotw- 
 ances for timber sold and other just allowances, and shall assess 
 the value of the land. 
 
 (2) If judgment is pronounced for the plaintiflf, no writ of 
 possession shall issue until the expiration of one month thereafter 
 and until the plaintiflf has paid into Court for the defendant the 
 amount of such damages, and tihe defendant may retain the land on 
 paying into Court within the said period of one month, or before a 
 day to be appointed by the Court, the value of the land so assessed, 
 after which no writ shall issue, but the plaintiff upon filing in Court 
 a conveyance to the defendant of his right and title tO the land 
 shall be entitled to the money so paid in — 1897. 
 
 (3) This section siholl not apply in the following cases: — 
 
 (a) If the taxes for non-payment whereof the lands were sold 
 have been fully paid before the sale. 
 
 (b) If within the period limited by law for redemption, the 
 amount paid by the purchaser, with all interest payable thereon, 
 
45 
 
 has been paid or tendered to the person entitled to receive svich 
 payment, with a view to redemption of the lands. 
 
 (c) Whiere on the ground of fraud or evil' practice by the pur- 
 chaser at such sale a Court wiould grant equitable relief. 
 
 193. Under section 192, if the plaintiff is not tenant in fee 
 simple or fee tail the payment by the defendant shall be into the 
 H gh Court, and all parties entitled to the said lands, on filing in 
 such Court a conveyance of their respective rights in the land to the 
 defendant shall be paid such proportion of the money as to the 
 High Court may seem proper. 
 
 (2) If the defendant is not tenant in fee simple or fee tail the 
 payment of damages shall be into the High Court. If the defend- 
 ant does not make the payment into Court as in manner aforesaid, 
 then any person intsrested in the lands may before the end of the 
 sittings or within 90 days after the expiry of any subsequent day 
 appointed by the Court for payment by the defendant, pay into 
 Court the value of the lands, and till the expiration of such 90 days 
 and after such payment no writ of possession shall issue. 
 
 (2) The defendant or ether person so paying in shall be entitled 
 as against all others interested in the lands under the sale for taxes 
 to a lien on the lands for such amount as exceeds the proportionate 
 value of his interest in the lands, enforceable in such manner and 
 in such sihares and proportions as to the High Court regarding the 
 interests of the various parties and oti hearing the parties seems fit. 
 . 195. In case the defendant or person interested pays into Court 
 as aforesaid the plaintiff shall be entitled to the amount on filing 
 in Court a conveyance to the party so paying in of all his title to 
 the lands in which conveyance it shall be expressed that the same 
 is in trust for such party to secure his lien as aforesaid. 
 
 196. If tihe said value of the lands is not paid into Court as 
 above provided, then the amount of the damages paid into the High 
 Court shall be paid out to the various persons who, if the sale for 
 taxes were valid, would be entitled to the lands, in such shares as 
 to the High Court, regarding the interests of the parties, seems fit. 
 
 197. In all actions for the recovery of land where botlhi plain- 
 tiff and defendant (if their title were good) would be entitled! in 
 fee simple or fee tail, if the defendant when appearing gave notice 
 in writing to the plaintiff of the amount claimed and that on pay- 
 ment he would yield up possession, or that he desired to retain 
 the land and would pay into Court a sum stated as the value of the 
 land and Would not at the trial contest the title of the plaintiff; and 
 if the Judge or jury assess damages for the defendant at the tiral as 
 aforesaid, and it appears that the defendant did not contest the 
 action except to retain the land on paying the value thereof or for 
 damages, the Judge shall certify the fact on the record and the 
 defendant shall be entitled to the costs of the defence. 
 
 (2) If such notice is not given and the amount assessed is less 
 than claimed and the defendant refused to give up possession after 
 
 ^0Mii 
 
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 46 
 
 tender of the amount claimed or (where the defendant has given 
 notice of his intention to retain the land) that the value of the land 
 is greater ihian the amount mentioned, or that he has omitted to 
 pay said amount into Court for thirty days after the plaintiff had 
 given him written notice that he did not intend to contest the value 
 of the land, then the Judge shall not certify and the defendant shall 
 pay costs to tht plaintifif; and upon the trial of any cause after such 
 notice no evidence shall be required to be produced in proof of the 
 title oi the plamtitt. 
 
 198. When the title of the purchaser is not valid, and no remedy 
 is provided by this Act, the tax purchaser shall have a Hen on the 
 land for the purchase money and interest at 10 per cent, and for all 
 taxes paid since the sale and interest at 10 per cent., to be enforced 
 as the High Court thinks proper. 
 
 199." No valid contract entered into between any tax purchaser 
 and original- owner im regard to lands sold for taxes, as to pur- 
 chase, lease or otherwise, shall be annulled or interfered with by 
 this Act, but such contract shall remain in force and all conse- 
 quenciis thereof, as to^ admission of title or otherwise, as if this 
 Act had not been passed. , 
 
 200. Nothing in the next preceding ten sections contained 
 shall afifect the right or kitle of the oWher of any lands sold for 
 taxes, or of any person claiming under him, where such owner at 
 the time of the sale was in occupation of the land, and the same 
 have since the sale been in the occupation of such owner or those 
 claiming under him. 
 
 201. Nothing in the next pneceding eleven sections of this Act 
 contained shall prejudice the right or title which any purchaser at 
 any sale for taxes, or any one claimingf through or under him, has 
 heretofore acquired or hereafter acquires under any other statute. 
 
 202. In th« construction of the next preceding twelve sections 
 occupation by a tenant shall be deemed the occupation of the 
 reversioner; and the words "tax purchaser" shall apply to any 
 person who purchases at any sale under colour of any statute 
 authorizing salefc ofl lands for taxes in. arrear, and shall include all 
 persons claiming under him ; and the words " original owner " shall 
 include any person who, at the time of such sale was legally inter- 
 ested in or entitled to the land sold, or assumed to be sold, and all 
 persons claiming under him. 
 
 203. Every local municipal Council shall supply out of the 
 funds of the municipality any deficiency arising from the non-pay- 
 ment of any school rate, local or county rate, or other rate laiw'fully 
 imposed for Provincial or local purposes, but shall not be answer- 
 able for any deficiency arising from inability to collect taxes on 
 personal property excep^for county rates. 
 
i 
 
 47 
 ARREARS OF TAXES IN CITIES AND TOWNS. 
 
 204. Arrears of taxes in cities and towns shall be collecteil 
 as is provided for other municipalities, and the officers shall per- 
 form the same duties as like officers in other nuinicipalities; and 
 the treasurer and mayor of every city or town shall perform the like 
 duties as county treasurer and warden respectively. 
 
 205. The treasurer of every county, city and town shall keep a 
 triplicate blank receipt book, and on receipt of moneys for taxes, 
 on land shall deliver to the, party making payment one of ..adh- 
 receipts, one to the county, city or town clerk, retaining the 
 third in the book, such receipts to' be delivered to the clerk once in 
 every three months; said clerks respectively shall file such receipts 
 and shall enter in a book the name )of the party making payment, 
 the lot upon which the payment is made, the amount paid, date of 
 payment and number of receipt, and the auditors shall audit such 
 books at least once in every twelve months. 
 
 17 — Assessment Act. ?j 
 
 ARREARS OF TAXES IN NEW MUNICIPALITIES. 
 
 206. In case of a new< town, the county treasurer shall make 
 out a list of all arrears of taxes due and unpaid upon lands in the 
 new town, and tiransmit '^the same to the town treasurer, who shall 
 have with the mayor all the powers possessed by the county treas- 
 urer and AVarden for the collection of such taxes and for the en- 
 forcement of the same by sale, but in such list the county treasurer 
 shall not include any lot then advertised for sale for taxes. 
 
 207. In cases where a new local municipality is formed from 
 two or more municipalities or portions of twt) or more municipali- 
 ties situate in different tounties, tihie collection of arrears of taxes 
 due at the time of the formation shall be made by the treasurer of the 
 county in which the new municipality is situate, if the new munici- 
 pality is a township or village, or, if a town, by the treasurer of 
 such town, and for the purpose of enabling him to make the collec- 
 tion, the treasurer or the treasurers of the other county or counties 
 from which any portion of the ne^\'l municipality is detached, shall 
 immediately upon the formation thereof make out lisrs of the arrears 
 of taxes Hhen due in their respectiive portions, and transmit the 
 same to the treasurer of the county in which the new municipality 
 is situate, or of the town (as the case may be), and where a new 
 municipalit;y is formed from two or more municipalities situate in 
 any. one county, the treasurer shall keep a separate account for 
 such riew municipality. 
 
 208. The treasurer and warden of the county in which the new 
 municipality if a township or village is situate and the treasurer 
 and mayor o^f the new municipality, if it be a town, shall have 
 power respectively to take for the collection of such arrears of taxes 
 
 ■r 
 
 Ui 
 
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 Ill f' 
 
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 all the proceedings which treasurers and wardens or treasurers and 
 mayors can take for the sale and conveyance of land in arrear for 
 taxes; and in case the lands in the new municipality have been 
 advertised by the treasurer or treasurers of the county or counties 
 of which the newi municipality formed part before its formation, 
 the sale of such lands shall be completed in the same manner as if 
 such new municipality had not been formed. 
 
 209, Wihen the wliole or part of a municipality has been ot 
 may be separated from one county and included in another after a 
 return has been made to the treasurer of the county to which it 
 formerly belonged, of lands in arrear for taxes, but the lands have 
 not been advertised for sale by the treasurer of the former county, 
 such treasurer shall return to the treasurer of the county to which 
 such territory belongs a Ifst of all thie lands within such territory 
 Tetumed as in arrear for taxes and not advertised, and the treasurer 
 and warden of the county to which the territory belongs shall have 
 power respectively to take all the proceedings which treasurers and 
 wardens under this Act can take for the sale and conveyance of 
 lards in arrear for taxes; but in case the lands in such territory 
 have been advertised before the separation, the sale of such lands 
 shall be completed in the same manner as if the separation had not 
 taken place, and conveyance of lands previously sold shall be made 
 in like manner. 
 
 209a. Where the whole or part of a municipality has been or 
 may be separated from the county and included in a city or town 
 separated from the county for municipal purpos s, after a return 
 has been made to the treasurer of the county of lands in arrear for 
 taxes, but the lands have not been advertised for sale by the treas- 
 urer of the county, such treasurer rhall return to the treasurer of 
 the city or toKVn a list of all the lands within such territory returned 
 as in arrear for taxes and not advertised, and the treasurer and 
 mayor of the city or town shall have power to take all the pro- 
 ceedings which treasurers and wardens can take for the sale and 
 conveyance of lands in arrear for taxes, but in case the lands in 
 such territory have been advertised before the separation the sale 
 ■shall be completed as if such separation had not taken place and 
 conveyance of lands previously sdl'd shall be made in like manner — 
 1897. 
 
 .Ik 
 
 NON-RESIDENT LAND FUND. 
 
 i|^. 
 
 !#i- 
 
 210. The Council may by by-law direct that all the moneys 
 received by the county treasurer on account of taxes on non-resi- 
 dent lands shall be paid at stated periods to the several local muni- 
 cipalities to which such taxes were due, or that they shall constitute 
 a distinct and separate fund, to be called the " Non-Resident Land 
 Fund " of the county. 
 
49 
 
 (2) In the absence of such by-law the county treasurer shall 
 pay over to the local treasurer all such moneys when so collected. 
 
 211. The treasurer shall, when such fund has been created, 
 open an account for each local municipality with the said fund. 
 
 212. If a union of counties is about to be dissolved, all the 
 taxes on non-residents' land, imposed by by-laws of the provisional 
 Council of the junior county, shall be returned to and collected by 
 the treasurer of the united counties, and not by the provisional 
 treasurer; and the treasurer of the united counties shall opeiu an 
 account forthwith for the junior county with the non-resident land 
 fund. 
 
 213. In cases where a new county has been or sihall be formed 
 in whole or in part from two or more municipalities situate in differ- 
 ent counties the collection of non-resident taxes due at the time of 
 formation in respect of lands situate in the new county which have 
 not been advertised for sale shall be made by the treasurer of the 
 new county; and for the purpose of enabling him to make such 
 collection, the treasurers of the other counties formerly having 
 jurisdiction over the respective portions of territory included m the 
 new county shall make out lists of the non-resident taxes then due 
 in their respective portions and transmit the same to the treasurer 
 of the new county. 
 
 214. All sums which ma> at any time be paid to a municipality 
 out of the non-resident land fund of the county shall form part of 
 the general funds of such municipality. 
 
 215. The Council of the county may, from time to time, by by- 
 law, authorize the warden to issue, under the corporate seal, upon 
 the credit of the non-resident land fund debenturesi payable not 
 later than eight years after the date thereof and for sums not less 
 than $100 each, so that the iw^hole of the debentures at any time 
 issued and unpaid do not exceed two-thirds of all arrears then due 
 and accruing upon the lands in the county, together with such 
 other sums as may be in the treasurer's hands, or otherwise invested 
 to the credit of the said fund; and alll debentures issued by the 
 county shall be in the exclusive custody of the treasurer, who shall 
 be responsible for their safety until their proceeds are deposited 
 with himi. 
 
 216. Suwi debentures shall be negotiated by the warden and 
 treasurer of the cotmty, and the proceeds shall he paid into the said 
 fund, and th€ interest oni the said debentures and the principal 
 when due, shall be payable out of such fund, but the purchaser of 
 any such debentures shall not be bound to see to the application 
 of the purchase money, or be held responsible for the non-appli- 
 cation thereof. 
 
 2i6a. The assent of ratepayers is not required before the pass- 
 ing of the by-law under section 215 — 1895. 
 
 2i6b. The Council may direct the county treasurer to pay out 
 the moneys arising from such debentures to such municipalities as 
 
w 
 
 50 
 
 may seem proper, provided that the whole sum to be paid to any 
 municipality shall not exceed two-thirds of all arrears. 
 
 2 1 6c. The treasurer shall pay over the proceeds of the sale of 
 debentures as directed by such by-law. 
 
 217. If at any time there is not in the non-resident land fund, 
 (where such fund has been created, money sufficient to pay the 
 interest upon a debenture or to redeem the same when due, such 
 interest or debenture shall be payable out of the general county 
 funds, and the payment thereof may be enforced in the same manner 
 as is by l!aw provided in the case of other county debentures. 
 
 218. The Council of the county may from time to time pass 
 by-laws apportioning the surplus moneys in the non-resident land 
 fund amongst the municipalities ratably, according to the moneys 
 received and arrears due on accoimt of the non-resident lands in 
 each municipality; but such apportionment shall always be so 
 limited that the debentures unpaid shall never exceed two-thirds 
 of the whole amount to the credit of the fund. 
 
 219. The treasurer shall not be entitled to receive fromi the 
 person paying taxes any percentage theron, but may receive from 
 the fund such percentage upon all moneys in his hands or such 
 fixed salary in lieu thereof as the County Council by by-law may 
 direct. 
 
 220. The county treasurer shall prepare and submit to the 
 County Council at its first session in January in each year a report, 
 certified by the auditor, of the state of the non-resident land fund. 
 
 221. The report shall contain an account of all the moneys 
 received and expended during the year ending on the 31st day of 
 December next preceding, distinguishing the sums received on 
 account of and paid the several municipalities, and received and 
 paid on account of interest or debentures negotiated or redeemed, 
 and the sums invested and the balance in hand ; a list of all' deben- 
 tures then unpaid, with the dates at which they will become due; 
 and a statement of all the arrears then due, distinguishing those 
 due in every municipality; and the amount due on lands then ad- 
 vertised for sale, or which by law may be advertised, during the 
 ensuing year 
 
 (2) The warden shall cause a copy of the report to be trans- 
 mitted to the Provincial Secretary for the information of the Lieu- 
 tenant-Governor. 
 
 222. The treasurer of the county shall not be required to keep 
 a separate account of the several distinct rates which may be 
 charged on lands, but all arrears, from whatever rates arising, shall 
 be taken together and form one charge on the land. 
 
 RESPONSIBILITY OF OFFICERS. 
 
 i- 
 
 223. Every treasurer and collector shall give security by bond 
 to the corporation before entering upon his duties. 
 
61 
 
 224. Such bond shall be given by the officer anJ two or more 
 securities ini such sum and in such manner as provided by a by- 
 law of the Council. 
 
 225. If any treasurer, assessor, clerk or other officer refuses 
 or neglects to perform any duty required of him under this Act he 
 shall, upon conviction, forfeit a sum not exceeding $100. 
 
 226. If an assessor neglects to perform his duties the other 
 assessor shall perform such duties and certify on the roll the name 
 of the delinquent assessor and the cause of the neglect, and the 
 Council may appoint a substitute for such assessor, who shall have 
 all the powers pertaining to the office . 
 
 22^. If any clerk, treasurer, assessor or collector commits a 
 fraudulent act relating to the assessment or collector's roll he shall 
 upon conviction be liable to a fine not exceeding $200 or imprison- 
 ment not exceeding six months, or both. 
 
 228. Thirty per cent, variance from the actual valuer of real 
 property shall be evidence to a jury of fraud. 
 
 229. Any assessor convicted of having made a fraudulent 
 assessment shall be sentenced to the greatest punishment allowed 
 by this Act. 
 
 230. Any assessor of a township, village or ward, except as pro- 
 vided by sections 52 and 54, who omits to make and complete his 
 roll and return the same to the clerk before the first day of Sep- 
 tember, shall forfeit $200. 
 
 231. If a collector fails to pay to the proper treasurer the sums 
 contained in his roll, the treasurer shall within twenty days after 
 the time when payment ought to have been made issue a warrant 
 directed to the sheriflf of thie county, commanding him to levy on 
 the goods of the collector and his sureties the amount unpaid, with 
 costs, and return the warrant within 40 days, 
 
 232. The treasurer shall immediately deliver the warrant to 
 the sheriff of the county or city — 1897, 
 
 233. The sheriflf shall wihin 40 days execute the same and 
 make return to the treasurer and pay to him the money levied, de- 
 ducting his fees. 
 
 234. If a sheriflf refuses to so levy and pay over the said money 
 or makes no return or a false or insufficient return, the treasurer 
 may, upon affidavit of the facts, apply to ht eHigh Court or Judge 
 thereof for an order calling on the sheriflf to answer the matter of 
 the affidavit. 
 
 235. The order shall be returnable at such time as the Court 
 or Judge directs. 
 
 236. Upon return of the order the Court or Judge may pro- 
 ceed in a summary manner, upon affidavit, without formal plead- 
 ing, to hear and determine the matters of the application. 
 
 237. If the Court or Judge is of opinion that the sheriflf has 
 been derelict in the matter, such Court or Judge shall order a vvrit 
 adapted to the case to issue to the coroner of the county in which 
 

 
 Ir^ 
 
 , 1 1 
 
 r 
 
 I'l' 
 
 
 
 If I 
 
 52 
 
 the municipality is situate, or to a coroner of the city or town for 
 which the collector is in default. 
 
 238. The writ shall direct the coroner to levy on the goods 
 and chattels of the sherifif the sum which the sheriff was ordered 
 to levy by the warrant of the treasurer, together with the costs of - 
 application and of the writ and its execution; and the writ shall 
 bear date on the day of its issue, and shall be returnable forthwith 
 on its being executed; and the coroner upon executing thie same 
 shall be entitled to the same fees as upon a writ groundd upon a 
 judgment of the Court. 
 
 239. If a sherifif wilfully omits to perform any duty required 
 by this Act and no other penidty is imposed for the omission he 
 shall be liable to a penalty of $200 to be recovered from him in any 
 Court of competent jurisdiction at the suit of the treasurer of the 
 municipality aflfcetedl thereby — 1897. 
 
 240. Moneys assessed and levied for the Province or for any 
 special purpose shall be collected in the same manner and at th« 
 same time i*s for general purposes, and the treasurer, collector and 
 their sureties shall be responsible therefor. 
 
 241. All moneys collected for county purposes or for purposes 
 mentioned in the preceding section shall be paid by the collector 
 to the treasurer and by him to the county treasurer, and the cor- 
 poration of the township, town or village shall be responsible 
 therefor to the corporation of tine county. 
 
 242. The bond of a treasurer or collector to the corporation 
 shall apply to all moneys received for county purposes or for pur- 
 poses mentioned in section 240. 
 
 243. 1 he treasurer of a township, town or village shall within 
 14 days after the time appointed for the final settlement of the rolls 
 pay over to the treasurer of the county all moneys required to be 
 collected for county purposes or for the purposes mentioned in 
 section 240. 
 
 244. If default be made in such payment the county treasurer 
 may retain a like amount out of any moneys payable to the muni- 
 cipality, or may recover the same by an action, or where the same 
 has been in arrear for three months he may by warrant reciting the 
 facts direct the sheriff of the county to le\^y and collect the amount 
 so ue with interest and costs from the municipality in default. 
 
 245. The sheriff shall levy and collect the amount with his 
 fees and costs as provided by this Act in case of writs of execution. 
 
 246. The county, city or town treasurer shall be respo.isible 
 to the CroWn for all moneys collected for the purposes mentioned 
 in section 240 and shall pay over such moneys to the treasurer of 
 the Province. 
 
 247. Every county, city and town shall be responsible to Her 
 Majesty and ?J.I parties interested that all moneys received by the 
 treasurer of the county, city or town in virtue of his office shall be 
 by him duly paid over and accounted for apcording to l?w. 
 
53 
 
 248. The treasurer and his sureties shall in like manner be 
 responsible for such moneys to the county., city or town, and the 
 bond given by them shall be taken to apply to all such moneys as 
 are mentioned in section 240. 
 
 249. The bond of the treasurer and his sureties shall apply to 
 school moneys and all public moneys of the Province, and in case 
 of default Her Majesty may enforce the responsibility of the 
 county, city or town by stopping a fike amount out of any public 
 money which would be payable to the county, city or town, or to 
 the treasurer thereof, or by action against the corporation. 
 
 250. Any person aggrieved by the default o the treasure ma^' 
 recover from the corporation of the county, city or towni t'^c. 
 amount due or payable to such person as money had and recovci d 
 to his use. 
 
 MISCELLANEOUS. 
 
 251. Any person tearing down or defacing any notice required 
 by this Act to be posted up shall on conviction be liable to a line 
 of $20 — 1897. 
 
 252. Fines and forfeitures when not otherwise provided shall 
 be levied by distress and sale of the oflfender'rj goods, and in default 
 the ofYender shall be committed to gaol at hard labour for a period 
 mo texceeding one month. 
 
 253. When not otherwise provided, all penalties under this 
 Act shall be paid to the treasurer for the use of the municipality, 
 
 254. All Acts and parts of Acts inconsistent with this Act are 
 hereby repealed. 
 
 255. Sections i, 2, 3, 4, 5 and 10 cvf the Assessment Amend- 
 ment Act 1892 shall not come into force until ist May, 1892, and 
 in case of conflict between provisions of this Act and the above- 
 mentioned Act, such provision of the latter Act shall be deemed 
 to be repealed by this Act and not to be in force. 
 
 .Mt: 
 
 I: 
 
 Hi" 
 
Bssm 
 
55 
 
 THE PUBLIC SCHOOLS ACT 
 
 CONSOLIDATED, CONDENSED & CLASSIFIED 
 
 1. This Act may be cited as " The PubUc Schools Act. 
 
 2. Where the words following occur in this Act, they shall 
 be construed in i.he manner hereinafter mentioned, unless a con- 
 trary intention appears. 
 
 (i) "Teacher" shall mean any person hblding a legal certifi- 
 cate of qualification; 
 
 (2) " County " shall include a union of counties; 
 
 (3) " Township " shall include unions of townships for muni- 
 cipal purposes; 
 
 (4) " School site " shall mean such land as may be necessary 
 for the scl.ool house, teacher's and caretaker's residence, offices 
 and playgrounds connected therewith; 
 
 (5) " School section " shall mean any portion of one or more 
 municipalities under one public school corporation; 
 
 (6) " Owner " shall include any person entitled to a limited 
 interest, and whose claims may be dealt with by arbitration as 
 herein provided; 
 
 (7) " Ratepayer " shall mean any person entered on the last 
 revised assessment roll of the school section for public school 
 r 1 tes ; 
 
 (8) " Board of trustees " shall include a board of education 
 in all cases f a union between public and high school trustees. 
 
 (9) " Urban municipality'" shall mean a city, town or incor- 
 'lorated village. 
 
 (10) "The Municipal Act" shall mean Th!e Consolidated 
 i\'imicipal Act, 1892, or if amended or repealed , or new provisions 
 St >stituted, then the said expression shall refer to the said Act as 
 amended or containing such new provisions. 
 
 3. All regulations made under The Education Department 
 Act, 1891, shall apply to any matter or thing in this Act contained, 
 so far as the same may be consistent, though not specially referred 
 to in any section thereof. 
 
 4. Nothing in this Act authorizing the levying or collecting of 
 rates on taxable property for public school purposes shall apply to 
 the supporters of separate schools. 54 V. c. 55, s. 4. 
 
 5. All boards of education, and all public school sections or 
 other public school divisions, together with all elections of trus- 
 
56 
 
 \k 
 
 Hi- 
 
 tees and appointments to office, all agreements, contracts, assess- 
 ments, and rate-bills heretofore duly made in relation to public 
 schools, and existing when this Act comes into force, shall continue 
 subject to this Act. 
 
 6. All schbols established under this Act shall be called public 
 schools and shall be free schools, and every person between the age 
 of five and twenty-one years shall have the right to attend some 
 school. Pupils may attend kindergarten schools from four to seven 
 years of age, subject to such fees as to the trustees may seem ex- 
 pedient. 
 
 7. — (i) No person shall require any pupil in any public school 
 to read or study in or from any religious book, or to join in any 
 exercise of devotion or religion, objected to by his or her parents 
 or guardians. 
 
 (2) Pupils shall be allowed to receive such religious instruc- 
 tions as their guardians or parents desire, according to any regula- 
 tions provided for the organization, government and discipline of 
 public schools. 
 
 8. — (i) Subject to the regulations of the education department, 
 the school corporation of any municipality or section in which 
 there is no high school shall have power to establish a continuation 
 class for pupils Who have completed the course of study prescribed 
 for public schools and who have passed the public school leaving 
 examination, and also to provide for such class suitable accommo- 
 dation, and to impose such fees for tuition, upon the pupils in 
 attendance who have passed the said leaving examinations, whether 
 residents on non-residents of the municipality, as they may deem 
 expedient. 
 
 (2) The school corporation may admit to such continuation 
 class pupils who have passed the entrance examination to a high 
 school, but all such pupils who are residents of the municipality or 
 section shall be exempted from tuition fees. Where non-residents 
 are admitted such fees may be charged as the trustees may deem 
 expedient. 
 
 (3) The course of study for continuation classes shall be the 
 course prescribed for the primary examination of the Education 
 Department. Teachers of continuation classes shall possess at 
 least the qualifications of an assistant in a highi school', subject to 
 the regulations of the Education Department in that behalf. 
 
 (4) The Minister of Education may apportion to any school 
 conducting continuation classes, out of any money appropriated 
 by the Legislature for that purpose, a sum equal to the average 
 amount per pupil paid by the Legislature towards the mainten- 
 ance of high school pupils. The municipal council of any county 
 may pay for tlie maintenance of such classes a sum equal to the 
 legislative grant appropriated by the Minister of Education for usch 
 class or such further sums as may seem expedient. 
 
 9. — (i) The trustees of every school section shall be a cor- 
 poration under the name of " The Board of Public School Trus- 
 
57 
 
 tees for School Section of the Township of in 
 
 the County of ." 
 
 (2) For every rural schiool section there shall be three trus- 
 tees each of whom, in rotation, shall hold office for three years, 
 and until his successor has been elected. The persons qualified to 
 be elected trustees shall be such persons as are British subjects and 
 resident fatepayers or farmers' sons, within the meaning" of The 
 Municipal Act of the full age of twenty-one years, not disqualified 
 imder this Act. 
 
 (3) No school corporation shiall cease to exist by reason of 
 the want of trustees, but in case of such want any two ratepayers 
 of the section, or the inspector, may, by giving six days' notice, 
 to be posted in at least three of the most public places of the sec- 
 tion, call a meeting of the ratepayers, who shall proceed to elect 
 three trustees, in the manner prescribed m section 13 and the 
 following sections of this Act ; and the trustees thus elected shall 
 hold office in the manner prescribed by this Act. 
 
 (4) When the ratepayers of any school section, for two years 
 neglect or refuse to elect trustees, the municipal council of the 
 townshipmay appoint trustees for the said school section, who shall 
 hold office for the same term as if elected by the ratepayers; or 
 the municipal council may by by-law declare such section dis- 
 solved, and shall (in case of dissolution) attach the same, in such 
 proportions as they may deem expedient, to adjoining sections. 
 The assets of every section so dissolved shaii be disposed of as may 
 be determined by the council. 
 
 10. The trustees of any public and high school may unite, as 
 provided in The High Scliiools Act for the management of the 
 public and high schools of any municipality as one corporation, 
 under the name " The Board of Education for the city, town, in- 
 corporated village or township of " (as the case may be). Boards 
 of education shall have the power of both public and high school 
 trustees. 
 
 II. — (i) Tlie council of every township (except where town- 
 ship boards have been established), shall subdivide the township 
 into school sections, so that every part of the township may be 
 included in some section, and shall distinguish each section by a 
 number; provided that no section formed hereafter shall include 
 any territory distant more than three miles in a direct line from the 
 school-house. 
 
 (2) Where the land or property of any individual or company 
 is situated within the limits of two or more school sections, the 
 parts of such land or property so situated shall be assessed and 
 returned upon the assessment roll separately, according to the divi- 
 sions of the school sections within the limits of which such land 
 or property is situate. 
 
 (3) No section shall be formed which contains less than fifty 
 children, between the ages of five and twenty-one years, whose 
 
 r-t 
 
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 I 
 
 V 
 
 HI 
 
 • 
 
 r s 
 
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 m 
 
 I 
 
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 pin 
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 58 
 
 parents or guardians are residents of tlit section, unless such sec- 
 tion is more than four square miles in area, except in cases where 
 such area cannot be obtained because of lakes or other natural 
 obstacles. 
 
 (4))It sliall be the duty of every township clerk to prepare, in 
 duplicate, a school map of the township, showing the divisions of 
 the township into school sections and parts of union school sec- 
 tions ; to furnish one copy of such map to the county clerk, for the 
 use of the county council, and retain the other in the township 
 clerk's office, for the use of the towship corporation. 
 
 (5) Where a new' school' section is formed in any township the 
 clerk of the township shall cause notice of the first annual meeting 
 to be posted in three of the most public places in the new section, at 
 least six days before the last Wednesday inDecember, in the year 
 in which such new section was formed; and the first meeting in 
 every new school section shall be held at the same time and con- 
 ducted in the same manner as the annual meeting in organized 
 school sections. 
 
 (6) At the first meeting in every new section the first trustee 
 elected shall hold office for three years, the second for two years and 
 the third for one year. In case of a poll being taken the trustees 
 shall rank in seniority according to the number of votes polled^ 
 The casting vote of the chairman shall be counted as a vote in 
 case of a tie. 
 
 12. Every ratepayer, o' the full age of Iwenty-onc years, who 
 is a public school supporter of the section for which such person 
 is a ratepayer and every person qualified to vote as a farmer's son 
 under The Municipal Act shall be entitled to vote at any election 
 for school trustee, or on any school question whatsoever, 
 
 13. — (i) A meeting of the ratepayers of every section shall be 
 held annually on the last Wednesday of December, or if such Wed- 
 nesday be a holiday, then on the next day following, commencing 
 at the hour of ten o'clock in the forenoon, for the purpose (among 
 other things) of electing a school trustee or trustees. 
 
 (2) In case, from the want of proper notice or other cause, any 
 first or annual school meeting was not held at the proper time, the 
 inspector, or any two ratepayers in the section, may call a school 
 meeting by giving six days' notice, to be posted in at least three 
 of the most public places in the school section; and the meeting 
 ihus called shall possess all the powers and perform all the duties 
 of the meeting in the place of which it is called. 
 
 (3) The ratepayers of a school section present at any school 
 meeting shall elect one of their own number as chairman to pre- 
 side over its proceedings, and shall also appoint a secretary, who 
 shall record the minutes of the meeting, and perform such other 
 duties as may be required of him by this Act. 
 
 (4) The chairman shall submit all motions to the meeting in 
 the manner desired by the majority. In case of an equality of votes. 
 
59 
 
 he shall give the casting vote, but no other vote. He shall decide 
 all questions of order, subject to an appeal to the meeting. 
 
 (5) The business of every school meeting may be conducted 
 in the following order : — (a) receiving the annual report of the 
 trustees, and disposing of the same; (b) receiving the annual report 
 of the auditor or auditors and disposing of the same; (c) electing, 
 an audit"-: for the ensuing year; (d) miscellaneous business; (e) 
 instructing the trustees by resolution, if deemed expedient, to in- 
 sure the school buildings and furniture; (f) fixing the remunera- 
 tion, if any, to be paid the secretary-treasurer for attending to re- 
 pairs and other duties assigned him by the board of trustees; (g)/ 
 electing a trustee or trustees to fill any vacancy or vacancies 
 
 14. — (i) A poll may be demanded by any two ratepayers at any 
 meeting for the election of trustees, or for the settlement of any 
 school question, and such poll shall be granted by the chairman 
 forthwith, if demanded, within ten minutcj after the vote of the 
 meeting has been declared from the chair. 
 
 (2) When a poll is granted for the election of a trustee the 
 secretary shall enter in a poll-book, in separate columns, the names 
 of the candidates proposed and seconded at the nomination, and 
 shall, opposite to such columns, v.'rite the names of the ratepayers 
 oflfering to vote at the election within the time prescribed by this 
 Act, and shall, in the column on which is entered the name of a 
 candidate voted for by a voter, set the figure " i " opposite the 
 voter's name, with the residence of the voter. 
 
 (3) When a poll is granted upon any public school question 
 the namf of each voter shall be similarly placed in separate columns 
 marked " for " or " against." 
 
 (4) In case objection is made to the right of any person to 
 vote at any school meeting, the chairman of the meeting, or other 
 presiding ofificer, shall require such person to make the following 
 declaration or affirmation : 
 
 (i) I, A. B., do declare and affirm that I am an assessed rate- 
 payer or farmer's son entitled to vote under Tliie Municipal Act in 
 school section No. 
 
 (2) That I am of the full age of 21 years. 
 
 (3) That I am a supporter of the public school in said school 
 section No. 
 
 (4) Tliat I have the right to vote at this election. 
 Whereupon the person making such declaration shall be en- 
 titled to vote. 
 
 (5) The poll at every election of a rural school trustee or on 
 any school question shall not close before twelve o'clock noon, but 
 may close at any time thereafter when a full hour has elapsed with- 
 out any vote having been polled, and shall not be kept open later 
 than four o'clock in the afternoon of the day on which the election 
 is commenced : and when the poll is closed the chairman and secre- 
 tary shall count thie votes polled for the respective candidates or for 
 the school question submitted, as the case may be, and shall de- 
 
T^ 
 
 60 
 
 111 
 
 hi 
 
 p 
 
 ( i 
 
 
 E-4-'- 
 
 m 
 
 clare the candidate elected, or the school question adopted, for 
 which the highest number of votes was polled, or in case of a tie 
 the chairman shall give the casting vote. 
 
 (6) A correct copy of the minutes of thle first and of every an- 
 nual and of every special school meeting, and a copy of the poU- 
 ^>ook where a poll has been taken (all of which shall be signed by 
 the chairman and secretary), shall be forthwith transmitted by the 
 chairman of the meeting to the county inspector. 
 
 (7) The secretary of every school meeting at which any person 
 or persons were elected as school trustees shall forthwith notify 
 in writing each of such persons of his election, and every person 
 so notified shall be considered a;"» having accepted such office un- 
 less a notice to the contrary effect has been delivered by him to the 
 chairman of the meeting within twenty days after the date of the 
 election. 
 
 (8) When complaint is made to the inspector by any rate- 
 payer that the election of a trustee, or the proceedings or any part 
 thereof of any school meeting have not been in conformity with 
 this Act, the inspector shall investigate the same, and confirm or 
 set the election or proceedings aside, and appoint the time and place 
 for a new election, or for tlue reconsideration of th school question 
 at issue, but no complaint in regard to arfy election or proceeding 
 at a school meeting shall be entertained by any inspector unless 
 made to him in writing within twenty days after the holding of the 
 election or meeting. 
 
 15. A trustee elected to fill a vacancy shall hold office only for 
 the unexpired term of the person in whose place he has been 
 elected. A trustee of a rural school section may resign with the 
 consent, expressed in writing, of his colleagues in office. A retir- 
 ing trustee may be re-elected withi his own cc-nsent, otherwise he 
 shall be exempted from serving for four years next after leaving 
 office. 
 
 16. — (i) Every board of rural school trustees shall hold its first 
 meeting at the schoolhouse of the section over which it has juris- 
 diction on the Wednesday following the annual meeting at the hour 
 of 4 o'clock in the afternoon and shall be organized by the election 
 of a chairman, a secretary and a treasurer or a secretary-treasurer. 
 A majority of the board shall form a quorum. 
 
 (2) It shall be the duty of the board of trustees at its first 
 meeting to examine the school house, outbuildings and school 
 furniture, maps and apparatus, with a view to ascertain what repairs 
 or improvements may be necessary, and to make suitable provision 
 for lighting fires and keeping the school house and premises in a 
 cleanly and sanitary condition by appointing some person for that 
 purpose. Subsequent meetings shall be held as the board may 
 deem expedient. 
 
 17. — (i) The treasurer or secretary- treasurer, who may be a 
 member of the board, shall give such security as may be required 
 
61 
 
 by a majority of the trustees — such security to be deposited with 
 the clerk of the municipality. 
 
 (2) The treasurer or secretary-treasurer shall receive all school 
 moneys collected from thie ratepayers or other persons and shall ac- 
 count for the same and shall disburse all moneys as directed by the 
 trustees. He shall produce when called for by the trustees, audi- 
 tors or other competent authority, all papers and money belonging 
 to the corporation. 
 
 (3) Where the majority of a board of trustees refuse or neglect 
 to take security from the treasurer or secretary-treasurer on the 
 demand of any trustee (such demand being duly entered on the 
 minutes) such trustee shall be relieved from all personal liability 
 in case of the default of sucli officer. 
 
 (4) The secretary or secretary-treasurer may be allowed such 
 compensation for his services or for attending to the repairs of the 
 school-house or premises as shall be agreed upon by resolution of 
 the annual meeting duly entered on the minutes. 
 
 18. It shall be the duty of the secretary or secretary-treasurer : 
 (i) To keep a full and correct record of the proceedings of 
 every meeting of the board in the minute book provided by the 
 trustees for that purpose, and to see that the minutes, when con- 
 firmed, are signed by the chairman or presiding trustee. 
 
 (2) To call, at the request in writing of two trustees, or on the 
 petition of ten ratepayers, a special meeting of the board of 
 trustees. 
 
 (3) To give notice in writing, before the 1 5th day of January in 
 each year, to the inspector and to the clerk of the township, of 
 the names and postoffice addresses of the several trustees then in 
 office, and of the teachiers employed by them, and to give reason- 
 able notice in writing form time to time of any changes therein. 
 
 (4) To give the notice required by this Act of each annual 
 school meeting of the ratepayers of the section; to call a special 
 meeting of the ratepayers when directed by the trustees, or on the 
 petition of ten ratepayers, for filling any vacancy in the board of 
 trustees occasioned by death, removal or other cause; or for the 
 selection of a new school site; or the appointment of a school 
 auditor; or any other lawful school purpose; and to cause notices 
 of the time and place, and of the objects of such meeting, to be 
 posted in three or more public places in the section, at least six 
 days before the time of holding such meeting 
 
 (5) To cause to be prepared for the annual meeting of the 
 ratepayers a report for the year then ending, containing, among 
 other things, a summary of the proceedings of thle trustees during 
 the year, together with a detailed account of all school moneys 
 received and expended on behalf of the section, for any purpose 
 whatsoever, during such year. Such report shiall be signed by the 
 trustees and by either or both of the school auditors of the section. 
 
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 j.' - 
 1*- 
 
 i''' 
 
 V^ 
 
 (6) To transmit to the insjjector all returns on or before the 
 fifteenth day of January in each year according to the forms pre- 
 scribed by the Education Department. 
 
 19. No act or proceeding of a rural school corporation which 
 is not adopted at a regular or special meeting at which at least two 
 trustees are present shall be valid or binding on any person affected 
 thereby, unless notice of such meeting has been given to the trus- 
 tees: by the secretary, or by one of the trust* c t > the others, either 
 personally or in writing, and a minute of such act or proceeding 
 is rnadv" in writing and signed by two of the trustees. 
 
 20. The ratepayers of any rural school section may by resolu- 
 tion at the annual or any special meeting, authorize the trustees 
 to provide for the admisssion of the pupils of such section to the 
 schools of any adjoining city or town, subject to the approval of the 
 Minister of Education and the trustees of such city or town, and 
 such arrangement so approvc<l shall be taken in lieu of the ac- 
 commodation which trustees are required by this Act to make for 
 the pupils of the section, and as a public school within the meaning 
 of section 66 of this Act, In such cases it shall be lawful for the 
 trustees to levy and coll' ' upon the taxable property of the section 
 such sums as may be u ssary to pay the fees of pujuls attending 
 the schools of the citv or town, and also such other sums as they 
 may deem expedient or as may be required by this Act. The aver- 
 age attendance of the pupils belonging to such section at such 
 schools shall be taken by the inspector as the basis on which to 
 divide any grants authorized by the Legislature to be paid to the 
 township to which such section belongs. 
 
 21. — (i) Every board of rural school trustees shall, on or be- 
 fore the first day of December, appoint an auditor, and in case of 
 their neglect, or the neglect of the ratepayers at an annual or spe- 
 cial meeting to do so, or in case of an auditor being appointed or 
 elected who refuses, or is unable t<> act, then the inspector shall at 
 the recniest in writing of any two ratepayers make the appointment. 
 
 (2) The trustees or their secretary-treasurer shall lay all their 
 accounts before the school auditors of the section, or either of 
 them, together with the agreements, vouchers, contracts and books 
 in their possession, and the trustees or their secretary-treasurer, 
 shall aflFord to the auditors, or either of them, all liie information 
 in their or his power as to the receipts and expenditure of school 
 moneys. 
 
 (3) The auditors appointed, or one of them, shall, on or im- 
 mediately after the first day of December in each year, appoint a 
 time, before the day of the next ensuing annual school meeting, for 
 examining the accounts of the school section. 
 
 22. It shall be the duty of the auditors of every school section : 
 I. To examine into and decide upon the accuracy of the ac- 
 counts, the application of moneys received by them, and to sub- 
 mit the said accounts, with a full report thereon, at the next annual 
 school meeting. 
 
63 
 
 2. In case of differrnce of opinion between the auditors, it shall 
 be decided by the inspector. 
 
 3. If both of the auditors object to the lawfuhiess of any ex- 
 penditure made by tlie trustees, they shall submit the matter to the 
 annual meeting, which may determine the same, or submit the mat- 
 ter to the Minister of Education, whose decision shall be final. 54 
 V. c. , , s. 88 (1-3). 
 
 23. It shall be competeut for the auditors or one of them : 
 (i) To require the attendance of any persons interested in the 
 accounts and their witnesses, with all documents the auditor or 
 auditors may direct, and to administer oaths to such persons and 
 witnesses. 
 
 (2) To issue a warrant to any person named therein, to enforce 
 the collection of any moneys by them awarded to be paid ; and the 
 person named in the warrant shall have tli'^ same power and author- 
 ity to enforce the collection of the moneys mentionetl in the said 
 warrant, with all reasonable costs, as any bailiflf of a division court 
 has in enforcing a judgment and execution issued out of such court. 
 
 (3) The auditors shall remain in office until their audit is com- 
 pleted. 54 V. c. 55, s. 39 (1-4). 
 
 24. — (i) In unorganiztd townships in any county or district, 
 the inspector of the county or district may form a portion of a 
 township, or of two or more adjoining townships, into a school 
 section. 
 
 (2) No section shall in length or breadth exceed five miles, and 
 the boundaries may be altered b the inspector from time to time, 
 to go into operation on the 25tli day of December thereafter; pro- 
 vided no school section shall be formed excopt on the petition of 
 five heads of families resident therein. 
 
 (3) Any person whose place of residence is at a distance of 
 more than three miles in a direct line from the site of the school- 
 house of the section shall be exempt from all rates for school pur- 
 poses, unless a child of such ratepayer shall attend such school; 
 but this exemption shall not apply to lands liable to taxation for 
 school purposes owned by such person within the distance of three 
 miles. 
 
 (4) After the formation of a school section, it shall be lawful 
 for any two of the petitioners, by notice posted for at least six days 
 in not less than three of the most public places in the section, to 
 appoint a time and place for a meeting for the election, as provided 
 by law, of three school trustees. 
 
 (5) The trustees elected at such meetings, or at any subse- 
 quent meetings of the section, shall have the powders and be subject 
 to all the obligations of public school trustees generally. 
 
 25. — (i) The secretary-treasurers of all boards of public school 
 trustees in unorganized townships shall be. ex officio, members of 
 a court of revision, and three of whom, acting together, shall be a 
 court for the revision of school section assessment rolls, and for 
 the settlement of any appeals against the same. The m.;mbers of 
 
i 
 
 64 
 
 '-[if 
 
 I 'I 
 
 .'I 
 
 ■! 
 
 1 1 l< 
 
 
 
 such court shall be paid reasonable travelling expenses by their 
 respective boards of trustees for their attendance. 
 
 (2) The inspector for the district shall divide the sections into 
 groups oi three sections in every group, and shall notify the secre- 
 tary-treasurers of the sections of the group to which they respec- 
 tively belong. Such grouping may b< changed as the inspector 
 may direct. 
 
 (3) In every case where it would be inconvenient for a court 
 of revision to meet for the revision and equalization of the assess- 
 ment roll, thie inspector, ■ -n the recjuest ot any board of trustees, 
 may assume the functions of such court of revision, and all the pro- 
 ceedings of the inspector in the matter of the revision of the assess- 
 ment roll shall be subject to the provisions of this Act, and shall 
 have the same effect as if made in a court of revision under the 
 preceding sub-section. 
 
 26. — (i) The trustees of all school sections in unorganized 
 townships shall annually appoint a duly qualified person to make 
 out an assessment roll for the section, the secretary-treasurer of 
 which shall submit a certified copy of the same to the court of re- 
 vision for correction of errors therein. 
 
 (2) The person appointed for preparing such roll shall be sub- 
 ject to the provisions of The Assessment Act, and shall, before re- 
 turning his assessment roll to the secretary, attach thereto a certi- 
 ficate signed by him and verified upon oath or affirmation as pre- 
 scribed in The Assessment Act. 
 
 (3) A copy of the roll as corrected shall be open to inspection 
 by all persons interested at some convenient place in the section, 
 notice whereof, signed by the secretary-trasurer, shall be annually 
 posted in at least three of the most public places in the section, and 
 shall state the place and time at which! the court will hear appeals 
 against the assessment roll, and such notice shall be posted as afore- 
 said by, the jstees for three weeks before hearing the appeals, 
 
 (4) All appeals shall be made in the same manner, as nearly as 
 may be, as appeals are made to a court of revision in the case of 
 municipal assessments, and the court of revision shall have the 
 same powers as municipal courts of revision. 
 
 (5) The annual roll, as finally passed and signed by tlie chair- 
 man of the court of revision, shall be binding upon the trustees 
 and ratepayers of the section until the annual roll for the succeed- 
 ing year is passed and signed as aforesaid. 
 
 (6) Where any township under the jurisdiction of a township 
 board is unorganized, appeals against it certified assessment roll 
 shall be made to the stipendiary magistrate or judge of the district 
 of county. 
 
 (7) In forming union sections between and out of an organ- 
 ized township mimicipality and an unorganized township or local- 
 ity within any territorial or judicial district, it shall be lawful for 
 such union school section to be formed or altered according to the 
 provisions of this Act, except that the inspector shall act for the 
 
 It 
 
65 
 
 unorganized township or locality, and the reeve of the organized 
 township for his township. 
 
 2^. — (i) In any portion of the Province not surveyed into 
 townships the inhabitants thereof who are twenty-one years of 
 age may, at a public meeting called for that purpose, elect three 
 of their number to serve as public school trustees, and the trustees 
 so elected shall have all the powers of trustees in unorganized 
 townships, and shall be subject to the provisions of this Act. 
 
 (2) On receipt of notice by the Education Department, signed 
 by the trustees so elected, that a public school has been established 
 and suitable accommodation provided for public school purposes, 
 the Minister of Education may pay to the trustees out of the legis- 
 lative appropriation for schools such sum of money as may be ap- 
 proved *. ' the Lieutenant-Governor in Council. 
 
 28. — (i) The trustees may appoint some fit and proper per- 
 son, or one of themselves, to collect the rates imposed by them 
 upon the ratepayers of their section, or the sums which may have 
 been subscribed, or a rate-bill imposed on any person; and may 
 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 collec- 
 tor shall give such security as shall be satisfactory to the trustees, 
 which security shall be lodged for safe keeping with the inspector. 
 
 (2) Every collector shall have the same powers in collecting 
 the school rate, rate-bill, or subscriptions, and shall be under the 
 same liabilities and obligations, and proceed in the same manner 
 in the school section as a township collector. 
 
 29. In municipalities composed of more than one township, 
 but without county organization, it shall be optional with the muni- 
 cipal councils thereof to form portions of the townships comprising 
 the municipality into school sections, or to establish a board of 
 public school trustees, two members being elected for each ward, 
 and if not divided into wards, two for each/ township thereof, and 
 such board shall possess all the powers and duties of township 
 boards, and shall also, upon the petition of at least five heads of 
 families, provide school accommodation and a teacher for their 
 children and others. 54 V. c. 55, s. 51-53. 
 
 30. — (i) In case twenty ratepayers in more than one-half of 
 the school wards of the township petition the township council 
 to submit a by-law to the vote of the ratepayers of the township for 
 the repeal of any by-law under which a township school board 
 Was established, a by-law shall be submitted to such vote, and pro- 
 ceedings shall be in conformity with The Municipality Act, except 
 that the vote shall not be by ballot; and in case in the majority of 
 such wards the majority of the votes are for such repeal, the town- 
 ship council shall pass a by-law to disestablish such township school 
 board and form school sections instead thereof; but no repeal shall 
 take effect until the twenty-fifth day of the month of December 
 next following the voting upon the by-law for that purpose. 
 
jn '"'•• 
 
 mem 
 
 iSHM 
 
 66 
 
 12) The council, in the same or by another by-law, ma> ap- 
 point the inspector jointly -with two other competent persons, not 
 residents of the township, and they or any two of them, may in a re- 
 port to 4he council, value the school-houses, school sites and other 
 school property Which may thereupon become the property of each 
 school section, and shall also adjust and settle the respective rights 
 and claims consequent on such repeal between the respective school 
 sections, or bttween any school section, and the township, and all 
 payments to be made by or to any of them. 
 
 31. — (i) The trustees of every rural school section shall have 
 power to select a site for a new school-house or to agree upon a 
 change of site for an existing school'-house, and shall forthwith 
 call a special meeting of the ratepayers of the section to con- 
 sider the site selected by them; and no site shall be adopted, or 
 change of school site made, except in the manner hereinafter pro- 
 vided, without the consent of the majority of such special meeting. 
 
 (2) In case a majority of the ratepayers present at such spe- 
 cial meeting differ as to the suitability of the site selected by the 
 trustees, each party shall then and there choose an arbitrator, and 
 the county inspector, or, in case of his inability to act, any person 
 appointed by him to act on his behalf, shall be a third arbitrator; 
 and such three arbitrators, or a majority of them present at any 
 lawful meeting, shall have authority to make and publish an award 
 upon the matter submitted. 
 
 (3) With the consent, or ot the request of the parties to the 
 reference, the arbitrators, or a majority of them, shall have author- 
 ity, within one month from the date of their aWard, to reconsider 
 such award and within two months thereafter to make and pub- 
 lish a second award, which award (or the previous one, if not 
 reconsidered by the arbitrators) shall be binding upon ail parties 
 concerned for at least five years from the date thereof. 
 
 32. (i) If thie owner of the land selected for a new site, or 
 required for the enlargement of school premises, refuses to sell the 
 same, or demands therefor a price deemed unreasonable by the 
 trustees, then such owner and the trustees shall each forthwith 
 appoint an arbitrator, and the arbitrators thus appointed, together 
 with the inspector, or any person apointed by him as third arbi- 
 trator, or any two of them, shall appraise the damages ior such 
 land. 
 
 (2) If the majority of the school trustees, or the majority of 
 a public school meeting, neglects or refuses, Where there is a dif- 
 ference in regard to a school site, to appoint an arbitrator, or if 
 the owner of the land selected as a school site, neglects or refuses 
 to appoint an arbitrator, it shall be competent for the inspector 
 with the arbitrator appointed, to determine the matter; and the 
 inspector in case of such refusal' or neglect, shall have a second 
 vote if he and the arbitrator appointed do not agree. 
 
 (3) If only a majority of the arbitrators appointed to decide 
 any case arising under the authority of this Act are present at any 
 
67 
 
 lawful meeting, it sliall be competent for those present to make and 
 publish an award upon the matters submitted to them, or to ad- 
 journ the meeting for any period not exceeding ten days, and they 
 shall give the absent arbitrator notice of the adjournment. 
 
 (4) The arbitrators, or any two of them, shall have the power 
 to determine the claims of all persons, upon notice in writing to 
 such claimants or persons. 
 
 (5) Upon tender of payment of the amount of such damages 
 to the owners or other persons entitled thereto, by the school trus- 
 tees, or its payment into the High Court under the authority here- 
 inafter conferred, the land may be taken and used for the purpose 
 aforesaid. 
 
 33. (i) Any award for a school site made and published under 
 this Act, if there be no conveyance, shall thereafter be deemed to 
 bfc the title of th(^ trustees to the land mentioned in it, and shall be 
 a good title thereto against all persons interested in the property 
 in any manner whatever, and shall be registered in the proper 
 registry office on the affidavit of the secretary-treasurer of the 
 Board of Trustees verifying the same. 
 
 (2) The parties concerned in all such disputes shall pay all 
 the expenses incurred in them, according to the award or decision 
 of the arbitrators. 
 
 34. (i) A school site shall not be selected in a township withhi 
 a himdred yards of the garden, orchard, pleasure ground, or dwel- 
 ling house of the owner of the site without his consent. 
 
 (2) Any wall or fence deemed necessary for the enclosure of 
 the school premises shall be erected and maintained by the Board 
 of Trustees at the expenses of the sectio 
 
 35. Where the area of a school site is less than is required 
 by the regulations of the Education Department the trustees may, 
 without reference to a special meeting of the ratepayers, enlarge 
 the same, but no such enlargement shall be made in the direction 
 of, or including an orchard, garden or dwelling house, without the 
 consent of the owner of the land unless the school site cannot be 
 otherwise enlarged. 
 
 36. (i) All corporations and persons whatever, for themselves 
 and those they represent, interested in any land, may sell 
 or convey all or part thereof to school trustee* for a 
 school site or an addition to the school site, or for a 
 techer's residence; and any sale and conveyance so made 
 shall be valid and effectual: and the corporations or persons so 
 conveying are hereby indemnified for what they respectively do 
 in pursuance of this Act. 
 
 (2) If the owner of land duly selected for the said purpose is 
 absent from the county in which the land lies, or is unknown, the 
 trustees may procure from a svvOrn surveyor a certificate that he 
 is not interested in the matter; that he knows the land and that 
 some certain sum therein named is, in his opinion, a fair compen- 
 sation for the same; and on filing the said certificate with the 
 
68 
 
 ■ !. 
 
 Judge of the County Court of the county in which the land hes, 
 accompanied by an affidavit or affidavits which satisfy the Judge 
 that the owner is absent from the county and that, after diUgent 
 enquiry, he cannot be found, the Judge may order a notice to be 
 inserted for such time as he sees tit in some newspaper pubHshed 
 in the county; and he may, in addition thereto, order a notice to 
 be sent to any person by mail, or may direct service of the same to 
 be effected in such other way as he sees fit. 
 
 (3) The notice shall contain a short description of the land, 
 and a declaiation of the readiness of the trustees to pay the sum 
 certified; shall give the name of a person to be appointed as the 
 arbitrator of the trustees if their ofifer of that sum is not accepted; 
 shall name the time within which the ofifer is to be accepted, or an 
 arbitrator named by the owner; and shall contain any other par- 
 ticulars which the county judge may direct. 
 
 (4) If within such time as the Judge directs, the owner does 
 not notify the trustees of the acceptance of the sum offered, or 
 give the name of a person whom he appoints as arbitrator, the 
 Judge shall, on the application of the trustees, appoint a sworn 
 surveyor to be sole arbitrator for determining the value of the 
 property. 
 
 37. (i) Where land is taken by the trustees without the con- 
 sent of the owner, the compensation to be paid therefor shall 
 stand in the stead of the land; and after the trustees have taken 
 possession of land, any claim to, or incumbrance upon the same 
 or any portion thereof, shall be converted into a claim to the com- 
 pensation, and the trustees shall be responsible accordingly when- 
 ever they have paid such compensation or any part thereof to a 
 party not entitled to receive the same, saving always their recourse 
 against such party. 
 
 (2) If the trustes have reason to fear any claims or incum- 
 brance, or if any party to whom the compensation or any part 
 thereof is payable refuses to execute the proper conveyance, or 
 if the party entitled to claim the same cannot be found or is un- 
 known to the trustees, or if for any other reason the trustees deem 
 ii advisable, they, may pay the arbitration and other expenses, and 
 pay the amount of the compensation into the High Court, or in 
 such other manner as the inspector may direct, with interest 
 thereon for six months, and may deliver therewith an autlientic 
 copy of the conveyance, or of the agreement or award if there be 
 no conveyance; and such agreement or award shall thereafter be 
 deemed to be the title of the trustees to the land therein mentioned, 
 and shall' be a good title thereto against all persons interested in 
 the property in any manner whatever, and shall be registered in 
 the proper registry oifice on an affidavit of the secretary-treasurer 
 of the Board of Trustees verifying the same. 
 
 38. Every Township Council shall have power: — 
 
 (l) To pass by-laws to unite two or more sections in the same 
 township into one, in case at a public meeting in each section called 
 
69 
 
 by the trustees or inspector for that purpose, a majority of the 
 ratepayers present at each of such meetings request to be united; 
 
 (2) To alter the boundaries of a school section, or divide an 
 existing- section into two or more sections, or to unite portions 
 of an existing section with another section, or with any new sec- 
 tion, in case it clearly appears that all persons to be affected by the 
 proposed alteration, division or union respectively, have been duly 
 notified, in such manner as the Coucil may deem expedient, of the 
 proposed proceeding, or of an application made to tlie Council 
 to do so; 
 
 (3) Any such by-law shall not be passed later than the first 
 day of June in any year, and shall not take effect before the 25tb 
 day of December next thereafter, and shall remain in force, unless 
 .«et aside as hereinafter provided, for a period of five years. The 
 township clerk shall transmit forthwith a copy of such by-law and 
 minutes relating thereto to the trustees of every seciion afTecteq 
 thereby, and to the inspector. 
 
 (4) When part of any school section has been added to a cllv 
 or town by order of the Lieutenant-Governor in Council, the Muni- 
 cipal Council in which such section is situated may pass a by-law 
 for he readjustment of the boundaries of the remaining portion of 
 sucii section, notwithstanding the passing of a by-law within five 
 years affecting the limits of such section or adjoining sections. 
 
 39. (1) A majority of the trustees, or any five ratepayers of 
 any one or more of the school sections concerned, may within 
 twenty days, by notice filed in the office of the county clerk, appeal 
 to the Couui^ Council of the county in which such section or sec- 
 tions are situated, against any by-law of the Township Council for 
 the formation, division, union or alteration of their school section 
 or sections; or against the neglect or refusal of the Township 
 Council, on application made by the trustees or any five ratepay- 
 ers concerned, to alter the boundaries of a section or sections 
 within the township. 
 
 (2) Tlie time herein mentioned for appeal shall run from the 
 date of the by-law complained of, or from the date of the meeting 
 at which the Council refused to pass such by-law. or from the first 
 meeting after which notice was received from the clerk of the appli- 
 cation of the trustees or ratepayers asking for such by-law to be 
 passed. 
 
 (3) The County Council may appoint as arbitrators not more 
 than five or less than three competent persons, tw'o of whom shall 
 be the county Judge, or some person named by him. and the in- 
 spector, and a majority of whom shall form a quorum to hear such 
 appeal and to revise the boundaries of the .school or sections, so 
 far as to settle the matters complained of; but the determination 
 of the said matters shall not take effect before the 25th day of 
 December in the year in which the arbitrators so decide, and shall 
 thience continue in full force for five years at least, and until law- 
 fully changed by the Township Council. 
 
^n"PnR*iP""< 
 
 70 
 
 (4) No person shall be competent to act as arbitrator who is 
 a member ot the fownship Council, or who is a member at the 
 time at which the Council passed, or refused or neglected to pass 
 the by-law or resolution. 
 
 (5) Notice of the determination of the said matters made by 
 the arbitrators shall be given by the inspector to the clerk of the 
 township, and to the trustees of the sections concerned. 
 
 40. On the formation, dissolution, division or alteration of 
 any school section in the same township, in case the trustees of 
 the sections interested are unable to agree, the inspector and two 
 other persons appointed by the Township Council as arbitrators, 
 shall value and adjust in an equitable manner all rights and claims 
 consequent upon such formation, division dissolution or alteration 
 between the respective portions of the township affected, and deter- 
 mine in what manner the same shall be settled; and the determina- 
 tion of the said arbitrators or any two of them shall be final and 
 conclusive. 
 
 41. In case a school site or school-house or other school pro- 
 perty is no longer required in a section, in consequence of tVe 
 alteration or the union of school sections, the same shall be dis- 
 posed of in such a manner as a majority of the ratepayers in the 
 altered or united school sections may decide at a public meeting 
 called for that purpose; and the ratepayers transferred from one 
 school section to another shall be entitled, for the school purposes 
 of the section to which they are attached, to such a proportion of 
 the proceeds of Uie sale of such school-house or other school pro- 
 perty as the assessed value of their property bears to that of the 
 other ratepayers of the section from which they have been separ- 
 ated; and the residue of such proceeds shall be applied to ihc erec- 
 tion of a new school-house in the old section, or to other public 
 school purposes of such old section. In the case of united sections, 
 the proceeds of the sale shall be applied to the like school pur- 
 poses of such united sections. 
 
 42. All school sections existing on the ist day of A])ril, 1896, 
 and all union sections \vhich on that dav existed in fact, are to be 
 deemed to have been legally formed, subject to the provisions of 
 this Act, so far as applicable, as if they had been formed there- 
 under; and in cases where any union has before said date been 
 adjudged to have been illegally formed, or where any proceedings 
 were jjending at said date further proceedings may be stayed, upon 
 payment of such costs or expenses as the Judge may award. 
 
 43. A union school section may be established between (a) 
 parts of two or more adjoining townships, or (b) parts of one or 
 more townships and an ailjoining urban municipality and union 
 sections may be formed, altered or dissolved as follows: — 
 
 (i) On the petition of five ratepayers fror" , ;,c"r o' the muni- 
 cipalities concerned, to their respective C , ;r'"i'ls., asiti.jj. for the 
 formation, alteration or dissolution of a uniun •^vvlion, cak 1 muni- 
 cipal Council so petitioned may appoiil^ an aiLvji vitor nfjit v nicm- 
 
 'jt 
 
71 
 
 ber of the Council), notice of which shall be sent by the respective 
 clerks to the inspector of the district concerned, who shall be arbi- 
 trators; a Council may act upon a petition addressed to the Coun- 
 cils concernej or to any two or more of them jointly, if such peti- 
 tion is signed by five ratepayers of the municipality acting thereon. 
 
 (2) In cases where the persons so appointed arbitrators would 
 be an even number, the senior county Judge, or some person by 
 him appointed, shall be added, or in the case of an arbitration 
 affecting two or more counties, then the senior county Judge of 
 the county having the largest popullation according to the last 
 Dominion census, or some person by him appointed, shall be 
 added. 
 
 (3) The first meeting of the arbitrators shall be called by the 
 inspector representing the greatest number of schools, who shall 
 piv<" ten days' notice in writing of such meeting to the clerks of 
 Hi' municipalities concerned. 
 
 (4) In tH«e the arbitrators shall determine upon the forma- 
 tion of a IM' union section, or upon the alteration of the boun- 
 daries of an (.\isting union school, they shall in their award set 
 forth the parcels of land to be included in such new union section, 
 or in such altered section as may be. In the event of the transfer 
 of any land from an existing union section to some other section, 
 the arbitrators shall in their award set forth to what other section 
 such transfer shall be made, and any such transfer shall be binding 
 and operative for all scIkkJ purposes till altered as provided by 
 this Act. 
 
 (5) In case the arbitral 'S shall determine upon the dissolu- 
 tion of an existing union the\ shall !<it fiirf)j in theii I the sec- 
 tion or sec tlons to whicli the parcels of lanci < 0/ -4 mk )i union 
 shall be attaclitd iur school porposes, and any . insfer of the 
 parcels of lapd comprisi inion of school section * djoifi- 
 ing section or sections shall ht lf}f}(Vmg and f/f;erativt till the 
 boundiiries of such section or section.-; d/'- xHiered. 
 
 (6) Where the arbitrators find that it would be txptf¥t^*^ and 
 prac -cable so to do, the> may form part of the iPff'ttOT 1 
 union section into a non-union section, or ^orm a ),< / 
 union, and in such caws they shall indicate the parcels of land 
 of which such union or non-union section shall be composed. The 
 remainder of the union section shall be dispo>«ed of ai> hereinbefore 
 provided. 
 
 (7) When a new union section is formed or an existing union 
 section altered the arbitrators shall determine and fix the propor- 
 tion which the part in each nnniicipality si " liable to contri- 
 bute towards the erection and maintenance ',-; ^ 00I and other 
 requisite expenses, and such determination si: din^ for 
 three years. 
 
 (8) In any award made under this section thr arbitrator > shall 
 value and adjust all rights and claims consequen upon 'he forma- 
 tion, alteration or dissolution of union serJIofi.s between the re- 
 
1 , 
 
 m 
 
 l!i 
 
 72 
 
 spective municipalities, school sections anu itepayers concerned, 
 determine in what manner and by what municipality or muici- 
 palities, or what portions thereof the same shall be paid the sum 
 of money to be paid by one portion of the municipalities or sec- 
 tions concerned to the union schools so formed or altered, the dis- 
 position of the property of the union and any payment by one por- 
 tion to the other and the right of any ratepayer afifected by the 
 award, and such valuation, adjustment and determination shall 
 form and be considered a portion of their award, and shall be bind- 
 ing on the municipalities and school sections concerned, subject to 
 this Act. 
 
 (9) When a new union school section is formed by arbitration 
 the inspector authorized under sul>section 3 to call the first meet- 
 ing of the arbitrators, shall call the first meeting for the election 
 of trustees, and shall proceed as the clerk of the municipality is 
 directed to proceed in the case of the formation of a new section. 
 
 (10) Such award shall not take effect until the 25th day of the 
 month of December, after the award or a certified copy thereof is 
 filed with the clerks of the municipalities concerned. 
 
 (11) No union school section shall be altered or dissolved for 
 a period of five years after the award of the arbitrators has gone 
 into operation, whether such award did or did not change the 
 boundaries of existing ^sections, but nothing herein contained shall 
 be construed as restraming any municipal council from enlarging 
 the boundaries of any union school section from time time. 
 
 44. When the territory which it is proposed to form into a 
 imion section or when the union section which it is proposed to 
 alter or dissolve, lies wholly within a county, the trustees or any 
 five ratepayers in the territory or union section concerned, or the 
 inspector, may, within one month after the making thereof, appeal 
 in writing to the county council against any award made by the 
 arbitrators either for or against the formation, alteration or disso- 
 lution of such section, or against the neglect or refusal of the towm- 
 ship council or councils conctrned to appoint arbitrators, as pro- 
 vided in section 43 of this Act. the county council shall have power 
 to apoint not more than three arbitrators, who shall neither be 
 latepayers in the territory or section concerned, nor members jf 
 the councils concerned, and such arbitrators shall have all the 
 powtrs of arbitrators appointed under section 43, and the decision 
 of a majority of them shall be final and conclusive. The first meet- 
 ing of siich arbitrators shall be called by the county clerk. 
 
 45. When the territory which it is proposed to form into a 
 union school or when the union section which it is proposed to 
 alter or dissolve lies partly within two or more covmties, the trus- 
 tees or any five ratepayers in the territory or union section con- 
 cfrm-d, or the insjxTtor, may. within one month after the making 
 thereof, appeal against any award made by arUtrators for or against 
 the formation, alteration or dissolution of such section, or against 
 the refusal or neglect of the township council or councils con- 
 
 ,«f,^y . 
 
78 
 
 cerned to appoint arbitrators, to the Minister of Education, who 
 shall have power to alter, determine or confirm such award, or 
 where no award was made, then at his discretion to appoint not 
 more than three arbitrators, who shall have all the powers of arbi- 
 trators appointed under section 43 of this Act, and the decision of 
 a majority of them shall be final. The first meeting of such arbi- 
 trators shall be called by the Minister of Education, 
 
 46, The collectors of each municipality in which part of a 
 union section is situate shall collect the school rates for that part; 
 and the amount collected from the several ratepayers in each part 
 of the union section shall be paid by the respective collectors to 
 the treasurer of the municipality in which such part of the union 
 section is situate, and such treasurer shall pay over the same with- 
 out any charge or deduction to the trustees entitled thereto. 
 
 47, When any township municipality is divided by Act of the 
 Legislative Assembly for numicipal purposes, all school sections 
 which may, by such division, be situated partly in each of the new'ly 
 formed municipalities shall be deemed union sections until other- 
 wise altered under this Act. 
 
 48, Every union section shall, for the election of trustees, be 
 deemed one section, and shall be considered as to inspection as 
 within the municipality in which the school-house is situated, or if 
 there be two or more school-houses, then in the municipality hav- 
 ing the largest amount of assessed property. 54 V. c. 55, s. 92. 
 
 49. — (i) In case a portion of the territory composing one or 
 more sections becomes incorporated as an urban municipality, the 
 boundaries of such section or sections shall continue in force and 
 shall be deemed a union section, and the provisions of this Act 
 respecting tl e election of public school trustees in urban munici- 
 palities shall apply thereto until such union is altered or dissolved. 
 
 (2) In the case of an urban municipality divided into wards 
 to which a part of av adjoining township or townships is attached 
 for school purposes, the board of trustees of such union section 
 shall by resolution determine in which ward or wards the rate- 
 payers of the township shall vote for the election of school trustees 
 and at elections on other school questions, and in case of no such 
 resolution, then such jjortion of the tow^iship shall be considered 
 for all election purposes as attached to the ward or wards adjacent, 
 and if two or more wards are adjacent, any such ratepayer may 
 vote in either of such wards. 
 
 50. — (r) When any portion of a township is annexed to an 
 urban municipality by proclamation, the portion so annexed shall 
 for all school purposes be deemed tn be part of sucX city or town, 
 provided always that whtn the portion annexed does not inthide 
 the whole of any contiguous section, the respective municipalities 
 ■shall, unless delermitied by mutual agreement between themselves 
 after such annexation, each appoint an arl)itrator, wlio, with the 
 senior county judge of the countv, shall value and adjudge the 
 rights and claims of all parties affected by such annexation, and 
 
Uri 
 
 74 
 
 m 
 
 
 shall determine by what municipality or portion thereof the same 
 shall be paid or settled. 
 
 (2) The award of the arbitrators shall be final and conclu- 
 sive, and the money found due, either by mutual agreement or 
 under the award, shall be deemed money for school purposes, and 
 the provisions of section 70 of this Act shall not apply to the money 
 so required to be paid under the award or mutual agreement, and 
 a debenture or debentures may issue to be payable out of the tax- 
 able property of that part of the section remaining in the indebted 
 municipality, upon a requisition of the trustees of said section, with- 
 out calling a special meeting of the electors, and upon the terms 
 and conditions set forth in a by-law of the said municipality, any- 
 thing in this Act to the contrary notwithstanding. 
 
 (3) In all cases in which two municipal corporations are united 
 by proclamation or by any Act of the Legislature, all the assets 
 and liabilities of each school corporation shall be assumed by the 
 school corporation of the united municipality. 
 
 51. — (i) ( )nce in every three years the assessors of the muni- 
 cipaHties in which a union section is situated shall, after they have 
 com^.leted their respective assessments and before the first day of 
 June, meet and determine what proportion of the atuuial requisi- 
 \'nn\ made by the trustees (of h» liool purposes shall be levied upon 
 and collected ho\\\ U\e taxable property of the respective muni- 
 cijialities out o( which the union section Is fornu'd. Nutice if 
 such dctejtuination shall be given forthwith to the secretary- 
 treasurer of the union section. 
 
 (2) In the event of the assessors disagreeing as to such j)m- 
 portion. the inspector in Whose district the mion section is situated 
 shall name an arbitrator, who, with the assessors aforesaid, shalj 
 determine the said matter and report the same to th^' c|e|-|<s of the 
 respective municipalities, '►« or before the first (rf )lllV| flll'l jll^ 
 decision cf a majority sha.. be tinal and conciu.shi ml llle jielliiq 
 of three years 
 
 (3) Wbea the triMMi section is com^xjsed of porlinim of |\vo 
 odjoinH]|r cooatics, theou on the disacree- ent of th. hs.'^» hrhIh, |()jl» 
 inspector of Ar comtty in which the - h ■ i-house of the union sec- 
 tion is atstatoi sboll aaane an arbitr^-rnr and tht- decision of ania- 
 jBttty shall Ikr final and coTfaisive for the period of thrt<' years; 
 
 (4) TheaKetmg of as^""***^-^ for snch purposes shall h» calli'il 
 by dK asaoBor of ttfie rrram y in ahich the school-house of the 
 immn sclImu is situated: 
 
 (5) The a?=e--or'; ' assesscirs and arbitrator so appointed 
 may, at the rei. i- -; in . -pector >r fh'e rateT-a-c-s, within one 
 month after the £5ing therecw with tlic clerk, rec r their award, 
 and alter or amend the ^uirre so ar as to correct any omission or 
 error in the term,*- in whaea sach jBRffd is expre&setl. 
 
 52. — (t) Any by-law of a monicipality fc-r forming, altc-ing 
 or dissolving a school section or sections, and any award made 
 by arbitrators appointed to consider an appeal from a township 
 
76 
 
 council w^th respect to any matter authorized by this Act shall be 
 valid and binding for at least five years notwithstanding any defect 
 in substance or form, or in the manner or time of passing or mak- 
 ing the same, unless notice to quash such by-law or to set aside 
 such award is filed in the olfice of the township clerk within one 
 month of the publication of such by-law or award; and the same is 
 subsequently quashed or set aside. 
 
 (2) Such by-law or award shall be deemed to be published 
 when a copy thereof is served upon the secretary or secrotary- 
 treafurer of each board of trustees. 
 
 53. — (i) Every board of public school trustees in urban mrir.i- 
 cipalities, elected as provided by this Act, shall be a corporation 
 by the name of " The Public School Board " (prefix- 
 
 ing to the words " Public School Board " the name of the corpora- 
 tion for which such trustees are elected), and shall have and possess 
 all the powers usually possessed by corporations, so far as ihe 
 same are necessary for the carrying out the pui poses of this Act. 
 
 (2) Any ratepayer who is a British subject and resident in the 
 municipality of the full age of twenty-one years may be elected a 
 public school trustee, and every trustee shall continue in office until 
 his successor has been elected and the new board organized. 
 
 54. -(I) In case any unincorporated village becomes incor- 
 porated, or in case a village or town changes its corporate status, 
 the trustees having jurisdiction over the school property situated 
 within such village or town prior to its incorporation, or prior to 
 the change of its corporate status, shall exercise all the powers con- 
 ffrr^d by lliis Act upon the trustees of urban nninicipalities until 
 a new electiiKi af tfinfees is hdd. and such trustees shall call a 
 llipeflng of the ratepayers of sucli urban numicipality within one 
 tttq^llji H|i|n i\n- d'lff nf purli incorporation f<ii rlu' flection of a 
 
 i^few mipjic scIkk I 
 
 (2) In calling the njettj(ig of ((le raU| of such newly 
 
 ■ M? pi " 57 shall be 
 
 itifit. I Ik- (rnsrees 
 
 /// ij\^ jjiiinirinality w|iose corfjurfltc status wfls 
 tffettt'd |M IM<|(//(/ \iit> /(divisions 0/ section 58 slmll apply m Die ckc- 
 Hon o\ tfustees hi nltil IKLwh' UllUfinnHial iirban mnijicipality. 
 
 55. — (i) For every ward liltu wj|jib'|| miy Urban mutik'wajH^ 
 Is divided there shall be two trustees, each uf Vji f»er IM' mil 
 
 election of trustees, shah continue in office lor ivv., . ,.,s, ^;j/| tiiiHi 
 his successor has been elected ami the new f/psr/! orgahize(|. 
 
 (2) One of the trustees in each ward (iu be fflfef^ffied fjiy 
 lot at the first meeting of trustees after fliefr election, aiu\ eitifilhl^ 
 itpon the minutes) shall retire from offit e :ii iiu (ime of/pnintrrl fut 
 tne next annual school meeting, and tht I mil ni 
 
 office one year longer aad then retire, aflfr w)»|t|j iiUd trustee sj^alf 
 be elected annually for each ward: 
 
 {},) When any town or incorporated village in HijiilSK^d U\ « 
 city, the town or incorporated village so annexed shall, for jill the 
 
 l|je(ifp,orated nutnicipality. the ])i 
 j:onipl|cd with so far as the sahie ai 
 fl/ mMliii/iinpaldy w| 
 
 flon o\ tfustees ih sljtj 
 
76 
 
 ■f 
 
 M 
 
 1 
 
 f 
 
 i 
 
 'i; 
 
 '5 
 
 |: 
 
 :i 
 
 1 
 
 J 
 
 -^, 
 
 i 
 
 5 
 
 1: 
 
 
 ^l 
 
 
 
 purposes of this Act, be deemed to be part of the city. 
 
 (4) The provisions of this section shall not be held to invali- 
 date or make void section 10 of the Act pass«'<l in the 54th year of 
 Her Majesty's reign chaptered 82, relating to the city of Toronto, 
 but the said section 10 and the sub-sections thereof shall be read 
 and construed as if incorporated in this Act. 
 
 56. — fi) In every incorporated village not divided into wards 
 there shall be six trustees, each of whom, after the first election for 
 trustees, shall continue in office for two years and until his suc- 
 cessor has been elected and the new board organized. 
 
 (2) Three of the trustees (to be determined by lot at the first 
 nieeiing of trustees after their election and entered upon the min- 
 utes) shall retire from office at the time appoint<^d for the next an- 
 nual election, and the other three shall continue in office one year 
 longer and then retire, after which three trustees shall be elected 
 annually. 
 
 57, The annual and other elections of public school trustees, 
 unless otherwise ordered, as provided by section 58 of this Act, 
 shall be subject to the following provisions : 
 
 (i) A meeting of the ratepayers for the nomination of candi- 
 dates for the office of public scl ol trustee shall take place at noon 
 on the last Wednesday in the onth of December, annually, or if 
 a holiday, on the day following, at such place as shall from time 
 to time be fixed by resolution of the public school board, and in 
 municipalities divided into wards, in each ward thereof, if the 
 board thinks fit. 
 
 (2) The school beard shall, by resolution before the second 
 Wednesday in December each year, name the returning officer or 
 officers to preside at the meeting or meetings for the nomination of 
 candidates, and also for holding the election in case of a poll, and 
 in case of the absence of such officer, the chairman chosen by the 
 meeting shall preside, and the public school board shall give at 
 least six days' notice of such meeting. 
 
 (3) If at such meeting only the necessary number of candidates 
 to fill the vacant offices are proposed and seconded, the returning 
 officer or person presiding, after the lapse of one hour, shall de- 
 clare such candidates duly elected, and shall so notify the secre- 
 tary of the school board; but if two or more candidates are pro- 
 posed for any one office and a poll is demanded by any candidate or 
 elector, the returning officer or chairman shall adjourn the pro- 
 ceedings for filling such office until the first Wednesday of January 
 then next, or if a holiday, then to the day following, when a poll or 
 polls shall be opened at such place or places, and in each wfeird, 
 where the municipality is divided into wards, as shall be deter- 
 mined by resolution of the trustees; 
 
 (4) The polls shall be opened at the hour of ten of the clock 
 in the forenoon, and shall continue open until five o'clock in the 
 afternoon, and no longer, and any poll may close at any time after 
 
secre- 
 
 clock 
 in the 
 e after 
 
 77 
 
 t 
 
 eleven o'clock in the forenoon, when a full hour has elapsed with- 
 out any vote hav iiig been polled; 
 
 (5j In urban municipalities, and in townships where public 
 school boards exist, the clerk of the municipality shall turnish to 
 the school board, within three days after request in writing, " The 
 Voters' List " of such municipality, together with a supplementary 
 list either printed or in writing of ihe names of persons being sup- 
 peorters of separate schools, anvi also a list of the names, alpha- 
 betically arranged, of all ratepa>ers not being already upon " The 
 \ oters' List," 
 
 (6) The school board shall provide each poUmg place with the 
 lists aforesaid, and also a poll booi and at every election at wliich 
 a poll is demanded, the returning officer or person presiding, or 
 the poll clerk, shall enter in such book, in cparate colunms, the 
 names of the candidates proposed and seconded at the nomination,, 
 and shall, opposite ^.o such columns, write the nanifs of the rate- 
 payers ofi^ering to vote at the election, and shall, in ^:a^h column on 
 which is entered the name of "a. candidate voted for by a voter set. 
 the figure *' i " opposite the voter's name, with the residence of the 
 voter; 
 
 (7) The returning officer or person presiding shall, on the dav 
 after the close of the election, return the poll book to the secretary 
 or secretary-treasurer of the school board, with his solemn dechira- 
 tion thereto annexed, that the poll book has been correctly kept: 
 and ontains a true record of the votes given at the polling place fur 
 which he was returning officer; 
 
 (8) The secretary-treasurer shall add up the number of votes 
 for each candidate for any office, as appears from the |)oll book so 
 returned, and shall declare electetl the cantlidate or candidates hav- 
 ing the highest num!>er of votes, and shall forthwith notify the can- 
 didates in v\riting of the number of votes polled for each of them, 
 in said election. 
 
 (9) In case two or more candidates have an ecpial number of 
 votes, the member of the board present at the first meeting thereof 
 after such election and before the organization of the board, who 
 is assessed highest as a ratepayer on the last revised assessment 
 roll, shall give a vote for one or more such candidates, so as to de- 
 cide the election. 
 
 58. — (i) The board of public school trustees of any urban 
 municipality or township may by resolution, of which notice shall 
 be given to the clerk of the municipality on or before the first day 
 of October in any year, require the election of school trustees for- 
 such urban municipality or township, to be held by ballot on the 
 same day as municipal councillors or aldermen are elected. Any 
 board of trustees may discontinue the use of the ballot iu trustee 
 elections on giving notice to the clerk of the municipality to that 
 effect at the time hereinbefore mentioned, and thereafter elections 
 for the purposs of this Act shall be conducted as provided in sec-- 
 tion 57. 
 
IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
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 Photographic 
 
 Sciences 
 Corporation 
 
 33 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14580 
 
 (716) 972-4S03 
 
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 (2) Where any board of trustees requires elections to be held 
 by ballot, and elections are so held, no change shali be made in the 
 mode of conducting such election for a period of three years, and 
 should the mode of conducting the elections by ballot be discon- 
 tinued, then the provisions of section 57 shall apply for a perio'i 
 of three years at least. 
 
 (3) In every case in which notice is given as aforesaid requir- 
 ing the election of public school trustees to be held by ballot, such 
 elecion shall thereafter be held at the same time and place, and by 
 the same returning officer or officers, and conducted in the same 
 manner as the municipal nominations and elections of aldermen 
 or councillors are conducted; and the provisions of The Municipal 
 Act respecting the time for opening and closing the poll, the mode 
 of voting, corrupt or improper practices, vacancies, and declara- 
 tions of office, shall mutatis mutandis apply to the election of pub- 
 lic school trustees. 
 
 (4) A separate set of ballot papers shall be prepared by the 
 clerk of the municipality for all the vyards or polling sub-divisions, 
 containing the names of the candidates nominated for school trus- 
 tees, of the same form as those used for councillors or aldermen, 
 -except the substitution of the Words " school trustee "• for council- 
 lors or aldermen ; and no ballot shall be delivered to any person 
 who. is entered on the list of voters as a supporter or separate 
 schools. 
 
 (5) In case any objection is made to the right of any person 
 to vote at an election of school trustees, the deputy returning officer 
 i-luill require the person whose right of voting is objected to, to 
 make the following oath or affirmation : 
 
 You swear (or solemnly affirm) chat you are the person named, 
 or intended to be named, in the lint (or supplementary list) of voters 
 now shown to yon (showing the list to voter) ; 
 
 That you are a ratepayer. 
 
 That yon are of the full age of twenty-one years ; 
 
 That you are a public school supporter; 
 
 That you have not voted before at this election, either at this 
 or ^ny other polling place in this ward (or in this municipality, 
 where the municipality is not divided into wards) for school 
 trustee ; 
 
 That you have not, directly or indirecly, received any reward 
 or gift, nor do you expect to receive any, for the vote which yoi' 
 tender at this election; 
 
 That you have not received anything, nor has anything been 
 premised to you, directly or indirectly, either to induce you to vote 
 at this election, or for loss of time, travelling expenses, hire of team, 
 or any other service connected with this election; 
 
 And that you have not, directly or indirectly, paid or promised 
 anything to any person either to induce him to vote or refrain from 
 voting at this election: So help you God. 54 V. c. 55. s. 103 (t-6). 
 
79 
 
 59- — (i) In case the office of trustee becomes vacant from any 
 cause, the remaining trustees shall, except as provided in the next 
 sub-section, forthwith hold a new election in the manner provided 
 by this Act for the annual election of trustees to fill such vacancy, 
 and the person thereupon elected shall hold his seat for the re- 
 mainder of the term for which his predecessor was elected. 
 
 (2) In the case of an urban municipality, snould such vacancy 
 occur within three months of the expiry of the term of office, tlie 
 remaining trustees may allow the office to remain vacant until the 
 next election. 
 
 60. — (1) Any complaint respecting the election of school trus- 
 tees in any urban municipality shall be made to the judge of the 
 County Court within twenty days after such election, who shall, 
 within a reasonable time, determine the same; and may cause the 
 rolls and any records of the election to be produced and inquire 
 into the facts on affidavit or affirmation, or by oral testimony, and 
 cauie any person to appear before him. 
 
 (2) The Judge may decide the matter of complaint, and shall 
 report such decision to the secretary-treasurer of the School Board. 
 
 61. — (i) Every urban Board of Trustees shall hold its first 
 meeting in each year on the third Wednesday in January, at the 
 hour of seven o'clock in the afternoon, or at such other hour and 
 place on the same day as may have been fixed by resolution of the 
 former board. 
 
 (2) At such meeting the secretary of the board shall preside 
 at the election of chairman, or, it there be no secretary, the mem- 
 bers present shall appoint one o^ themselves to preside at such elec- 
 tion, and the member so appointed to preside may vote as a 
 member. 
 
 (3) In case of an equality of votes at the election of chairmaii 
 the member who is assessed as a ratepayer for the largest sum on 
 the last revised assessment roll shall have a second or casting vote 
 iii addition to his vote as a member. 
 
 (4) A majority of the members of the board shall be neces- 
 sary to form a quorum at any meeting and the vote of the majority 
 of svich quorum shall be necessary to bind the corporation. 
 
 62. It shall be the duty of the trustees of all public schools 
 and they shall have power: — 
 
 (i) To appoint a secretary and treasurer or secretary-treasurer, 
 and such committees, officers and servants as they may deem 
 expedient ; 
 
 (2) To fix the time and place of meetings of the board, the 
 mode of calling and conducting them, and of keeping a true ac- 
 count of the proceedings of such meetings, and to transmit to the 
 Minister of Education all returns and reports required by the Edu- 
 cation Department; 
 
 (3) To provide adequate accommodation for all the children 
 of the supporters of schools between the ages of five and sixteen 
 years resident in the municipality (in the case of rural schools for 
 
'11 
 
 80 
 
 tWo-thirds of such children resident in the section) as ascertained 
 by the census taken by the Mr.nicipal Council for the next pre- 
 ceding year; 
 
 (4) To purchase or rent school sites or premises, and to builds 
 repair, furnish and keep in order the school-houses, furniture, 
 fences and all other school property; to keep the well, closets and 
 premises generally in a proper sanitary contlition; to procure 
 registers, maps, globes, apparatus, and, if desirable, procure prize 
 books and establish and maintain school libraries; 
 
 {5) To determine the number, grade, boundaries and descrip- 
 tion of schools to be opened and maintained; the teachers to be 
 employed: the terms on which they are to be employed, and their 
 remuneration and rank (whether principals or assistants); and may 
 establish kindergartens and classes for industrial training and in- 
 siiuction ii; needle work and domestic economy; 
 
 (6) To dismiss from the school any refractory pupil, and, 
 where practicable, to remove such pupil to an industrial school; 
 
 (7) To collect, at their discretion, from the parents ov guar- 
 dians of the pupils attending school a sum not exceeding twenty 
 cents per month per pupil, to defray the cost of text-books, and 
 other school supplies; or to purchase for the use of pupils text- 
 books and other school supplies at th'e expense of the corpora- 
 tion; 
 
 (8) To exempt, in their discretion, from'the payment of school 
 rates, wholly or in part, any indigent persons (notice of such ex- 
 emption to be given by the trustees to the clerk ot the municipality 
 on or before the first day of August), and when deemed necessary 
 to provide for the children of such persons text-books and other 
 school supplies at the expense of the corporation; 
 
 (9) To submit to the Municipal Council, on or before the first 
 day of August, or at such time as may be required by the Council, 
 an estimate of the expenses of the schools under their charge for 
 the twelve months next following the date of application; 
 
 (10) To provide (in the case of rural schools) for the payment 
 of teachers' salaries quarterly and, if necessary, to borrow on their 
 promissory note, under the seal of the corporation, at interest not 
 exceeding eight per cent, per annum, such i.ioneys as may be re- 
 quired for that purpose, until the taxes are collected; 
 
 (11) To submit in the case of urban municipalities all ac- 
 counts, books and vouchers to be audited by the municipal audi- 
 tors, who shall audit the same and publish at the end of every year, 
 in one or more newspapers, or otherwise, an abstract of the annual 
 report of the auditors; 
 
 (12) To take possession of all property which has been ac- 
 quired or given for public school purposes, and to hold the same 
 acvording to the terms on which it was acquired ; and to dispose 
 of any school site or property not reqi ired and convey the same 
 under their corporate seal, and apply the proceeds thereof to lawful 
 school purposes. 
 
81 
 
 (13) To supplement out of school funds, at tLeir pleasure, any 
 allowance payable under this Act to superannuated teachers, 
 
 63. Trustees shall not be liable to any prosecution for acting 
 uudcr any by-law of a Municipal Council before it has been 
 quashed. In case a by-law, order or resolution of a Municipal 
 Council is illegal, and anything has been done under it which gives 
 any person a right of action, no such action shall be brought until 
 one month has elapsed after the by-la\v, order or resolution has 
 been quashed or repealed, nor until ohe month's notice in writing 
 of the intention to bring such action has been given to the corpo- 
 ration. Every svich action shall be brought against the Municipal 
 corporation alone. 
 
 64. The trustees of cities \^hen so requested by any charitable 
 I organization having in charge children of school age shall have 
 
 power to employ teachers for such children, and to furnish for their 
 use all school supplies if they deem it expedient, and such children 
 shall be considered public school pupils and shall be subject to 
 this Act. 
 
 65. Every urban School Board shall have power to take and 
 acquire land for a school site or for enlarging school premises 
 jdready held. In the event of any dispute between the owner of 
 the lend selected and the trustees with rgard to the price of such 
 land, sections 31 to 37 shall apply. 
 
 66. — (i) The Municipal Council of every township shall levy 
 and collect by assesment upon the property of the public school 
 i supporters of the whole township the sum of $150 at least for every 
 public school which has been kept open the whole year, exclusive 
 of vacations. Where the school has been kept open for six months 
 or over, a proportionate amount of the said sum of $150 at least 
 shall be so collected. An additional sum of $100 at least shall be 
 levied and collected in a similar manner for every assistant teacher 
 engaged for the whole year, and a proportionate amount if such 
 assistant teacher was engaged for six months or over; 
 
 (2) In the case of union sections the Municipal Council of 
 each municipality of which the union section is composed shall 
 collect from the taxable property of the respective municipalities 
 the said sum in the proportion fixed by the equalization provided 
 under section 51. This section shall not apply to union sections 
 formed between tovaiships and urban municipalities. 
 
 67. — (i) The Council of every municipality shall levy and col- 
 lect upon the taxable property of the municipality (or of the sec- 
 tions in the case of rural schools), in the manner provided in this 
 Act, and in the municipal and assessment Acts, such sums as may 
 be required by the trustees for school purposes; and shall pay the 
 same to the treasurer of the Public School Beard as required by 
 the board. In the case of rural schools, all moneys collected shall 
 be paid to the secretary-treasurer on or before the xSth of De- 
 cember; 
 
7' 
 
 N 
 
 (2) The Council of every, municipality may, in addition to any 
 requisition of the public school trustees, raise by assessment 
 such other sums as it may deem expedient for the establishment 
 and maintenance of a school library, or for aiding new or weak 
 schools or continuation classes within such municipality, or for 
 the support of model schools, or for supplementing teachers' sal- 
 aries or retiring allowances; 
 
 (3) It shall be the duty of every Municipal Council to correct 
 any errors or omissions that may have been made within the three 
 years next preceding such correction in the collection of any school 
 rate duly imposed or intended so to be, to the end that all property 
 shall be compelled to pay its proper proportion of such rate. 
 
 68. It shall be the duty of the clerk of every township : — 
 
 (i) To transmit before the first day of December in each year 
 to the county inspector a list of the supporters of separate schools 
 against whom any rate for public school purposes appears upon the 
 collector's roll showing the amount so rated against each and the 
 total amount so rated. The inspector shall, before issuing orders 
 for the county grant to the school sections, deduct therefrom tlie 
 amount so certified to him by the clerk, and shall give the trustees 
 of the separate school section an order on the township treasurer 
 for the amount thereof, and such treasurer shall pay over the same ; 
 
 (2) To give to the inspector when requested by him, a state- 
 ment of the assessed value of each school section as shown by the 
 revised assessment roJ, and at the request of any Board of Trustees 
 to furnish the board with a statement showing the land composing 
 the school section for w'hich they are trustees the assessment of 
 each parcel or lor and the amount of ta::es entered on he collector'? 
 roll against each parcel of such lands, and the population of each 
 school section between the ages of five and sixteen years. The 
 cost of preparing the latter statement shall be paid by the Board 
 of Trustees applying for the same. 
 
 69. It shall be the duty of the clerk of every county to make a 
 return to the Minister of Education showing the population of each 
 minor municipality vv^ithin the county, and of the clerk of everv 
 city and of every town separated from a county to make a return 
 showing the population of such city or town, as shown \.y their 
 assessment rolls for the previous year, said returns to be made on 
 or before the first day of April in each year. 
 
 70. — (i) On the application of any board of rural school trus- 
 tees for the issue of debentures for the purchase of a school site for 
 the erection of a school-house, or any addition thereto, or for the 
 purchase or erection of a teacher's residence, the Municipal Coun- 
 cil of the township shall pass a by-law for such purpose, and shall 
 forthwith issue debentures to be repayable out of the taxable pro- 
 perty of the school section concerned in annual instalments, pro- 
 vided the proposal for such loan has been submitted by the trus- 
 tees to and sanctioned at a special meeting of the ratepayers of the 
 section, called for the purpose. 
 
83 
 
 i 
 
 trus- 
 
 for 
 
 the 
 
 toun- 
 
 shall 
 
 pro- 
 
 pro- 
 
 trus- 
 
 yfthe 
 
 (2) All applications for a loan, for the purposes herein rien- 
 tioned, shall be made by the trustees of a union section tc the 
 Council of the municipality within which the school-house or site 
 of such union section is situated, and all debentures for the pay- 
 ment of such loan shall be issued by such municipality. Any 
 other municipality or municipalities forming part of the union 
 school! section shall pay, on the requisition of the clerk of the 
 municipality by which the debentures were issued, as they come 
 due, its or their share of the loan, including interest, according to 
 its or their liability for school purposes, as deterraiu' d by sec- 
 tion 51. 
 
 (3) Notwithstanding any alteration made in the boundaries 
 of any school section, the taxable property situated in the school 
 section when such loan was effected, shall continue to be Hable for 
 the rate levied by the Township Council for repayment of the loan. 
 
 (4) The expenses of preparing and publishmg any by-laws 
 or debentures, and all incidental expenses shall be paid by the 
 section on whose behalf such debentures were issued, and the 
 amount of such expenses may be deducted from any school rates 
 collected by the Municipal Council for such section. 55 V. c. 60, 
 s. 3. 
 
 71. — (i"* The trustees of any, rural school may require the 
 Council to raise, by one yearly rate, such sums as may be neces- 
 isary for the purchase of a school-hci.se or site, or the erection of a 
 school-house or teacher's residence. 
 
 (2) No Municipal Council shall levy or collect during any 
 one year more than one school rate except for the purchase of a 
 school site, or for the erection of a school-house. 
 
 72. — (i) The Municipal Council of any urban rnunicipality 
 may, on the application of the school trustees, pass a by-law for 
 any of the purposes mentioned in the preceding section. Where 
 the Municipal Council refuses so to do, the question shall be sub- 
 mitted by the Municipal Council, if reques/^ed by the trustees, to 
 the vote of the electors qualified to vote under the Municipal Act 
 for the creating of debts, who are supporters of public schools, 
 as therein provided, and on the assent of such electors being ob- 
 tained the Council shall raise or borrow* such sum; 
 
 (2) Debentures issued for school purposes may be in the 
 form given by this Act, and for such term of years and for such 
 amount as the Council shall see fit, not exceeding thirty years. 
 or the Municipal Council may make the principal and interest of 
 «uch debt repayable by annual or other instalments, in the manner 
 provided in the Municipal Act. 
 
 (3) Application for the issue of debentures for school pur- 
 poses by the trustees of urban municipalities to which part of an 
 adjoining township is attached shall be subject to this section. 
 
 73. No by-law passed by any municipality after the 14th day 
 of April, T892. for exempting any porJion of the rateable propertv 
 of a municipality fromi taxation in whole or in part shall be held 
 
-•';:,.- • ' y-i '•" ... .• ■ ' ■ '■ '" - 
 
 or coi'.strued to exempt such property from school rates of any - 
 kind. 
 
 74. Any school corporation may, with the consent of the rate- 
 payers, at a special meeting duly called for tliat purpose, by resolu- 
 tion authorize the borrowing" from any municipality of any surplus 
 moneys derived from the Ontario municipalities fund, or from any 
 other source, for such term and at such rate of interest as may be 
 set forth in such resolution, for the purpose of purchasing a school 
 site, or erecting a school-house; and any sur.i so borrowed shall 
 be applied only to that purpose. 
 
 75. — (i) For all school purposes township treasurers shall be 
 considered sub-treasurers of the county treasurer, provided always 
 that the County Council may by by-law constitute the county treas- 
 urer the sub-treasurer for municipalities not separated from the. 
 county. The treasurer or secretary-treasurer of each city or town 
 separated from the county shall receive the Government grant.s ^ 
 apportioned to the city or town and shall hold the same for school 
 purposes, subject to the order of the Hoard of Trustees. 
 
 (2) The treasurer and sub-treasurer and their sureties shall 
 be accountable for school moneys to the county, city or town (as 
 the case may be), and any bond or security given by them for dtily 
 acounting for and paying over moneys coming into their hands, 
 belonging to the county, city or toWn, shall apply to all school 
 moneys, and may be enforced against the treasurer or bis sureties, 
 in case of default on his or their part. 
 
 (3) The bond of the treasurer and his sureties shall apply to 
 school moneys, and all public moneys of the Province, and, in case 
 of default, Her Majesty may enforce the responsibility • of the 
 county, city or town, either by stopping a like amount out of any ■ 
 public moneys payable to the cotmty, city or town, or to the ■ 
 treasurer thereof, or by action against the corporation : 
 
 (4) Any person aggrieved by the default of the municipal 
 treasurer may recover from the corporation of any city, county or 
 town, the amoimt due or payable to such person as money had 
 and received to his use. 
 
 76. — (i) It shall be the duty of every teacher of a public 
 school to teach diligently all the subjects in the school course of 
 study; to maintain order and discipline in the school; to encour- 
 age the pupils in the pursuit of learning; to inculcate by example 
 respect for religion, morality and the highest regard for all other 
 virtues. 
 
 (2) To use the English language in instruction, discipline and 
 management of the school, except where, in case of the pupil not 
 understanding English. Recitations reuiring the use of a text- 
 book mav be conducted in he language of the text-book; 
 
 (3) To see that the school-house is r ' for the reception of 
 pupils at least fifteen minutes before the tiuie of opening in the 
 morning and five minutes before the time of opening in the after- 
 noon, to call the roll every day according to the register prescribed 
 
85 
 
 ther 
 
 of 
 
 the 
 
 fter- 
 
 ibed 
 
 < ;'■ ' 
 
 by the Education Department; to enter in *he visitors' book visits 
 made to the school; to give the inspector, tr.istees and visitor.^ 
 access, at all times, to the register and visitors' book; and to de 
 liver the register, the school-house key and other school property 
 in his possession to the corporation employing him on demand, or 
 when his agreement with such corporation has expired; 
 
 (4) To classify .the pupils strictly according to the course of 
 study prescribed by the Education Department; to conduct the 
 school according to a time-table accessible to pupils and visitors; 
 to prevent the use of unauthorized text-books; to attend regularly 
 the teachers' institutes in the inspectoral division; to notify the 
 trustees and inspector of absence from school, through illness or 
 other unavoidable cause; and to make at the end of each school 
 term, and subject to revision by the inspector such promotions 
 from one class or form to another as he may deem expedient; 
 
 (5) To hold during each lialf year a public examination of the 
 school, and to give due notice thereof to the trustees, to any school 
 visitors who reside in the school section, and through the pupils, 
 to their parents or guardians, and to hold such other examination.- 
 as may be required by the inspector for the promotion of pupils, 
 or for any other purpose, as the inspector may direct; 
 
 (6) To furnish the Minister of Education, or the inspectot 
 with all information which he can give respecting the school 
 premises, the discipline of the school, the progress of the pupils 
 and other matters affecting the school, and to prepare such reports 
 of the corporation employing him as are required by the Education 
 Department; 
 
 (7) To give assiduous attention to the health and comfort of 
 the pupils, to the cleanliness, temperature and ventilation of the 
 school-rooms, to the care of all maps, apparatus and other school 
 property, to the preservation of shade trees and the orderly ar- 
 rangement of the playgrounds, and to report promptly to the trus- 
 tees and municipal health officer the appearance of any infectious 
 or contagious disease in the school, or the unsanitary condition of 
 outhouses and surroundings; 
 
 (8) To refuse admission to the school of any pupil affected 
 with, or exposed to small-pox or other contagious disease until 
 furnished v/ith a certificate of a physician or of a health officer 
 that all danger from exposure to contact with such pupil has 
 passed away; 
 
 (9) To suspend any pupil guilty of persistent fua/cy, vio- 
 lent opposition to authority, habitual neglect^ of duty, the use of 
 profane or improper language or conduct injurious to the moral 
 tone of the school, and to notify the parent or guardian of the 
 pupil, and the trustees, of such suspension. The parent or guardian 
 of any pupil suspended may appeal against the action of the 
 teacher to the trustees, who shall have power to consider such 
 appeal and remove or confirm such suspension. 
 
8>; 
 
 , 1 
 
 yy. — (i) All agreements between trustees and teachers shall 
 be in writing, s-;Tned by the parties thereto, and shall be sealed 
 with the seal of the ,.orporation ; 
 
 (2) Any teacher who wilfully neglects or refuses to carry out 
 his agreement shall, on the complaint of the trustees, be liable to 
 the suspeiision of his certificate by the inspector under whose juris- 
 diction he may be; 
 
 (3) No person engaged to teach a public school shall be 
 deemed a qualified teacher who does not at the time of entering 
 into an agreement with the trustees, and during the whole period 
 of such agreement, hold a legal certificate of qualification; 
 
 (4) Any teacher who enters into an agreement with a board 
 of trustees for one year, and who serves under such agreement for 
 three months or over, shah be entitled to be paid his salary in the 
 proportion wliich the number of days during w'hich he has taught 
 bears to the whole number of teaching days in the year; 
 
 (5) Every teacher shall be entitled to his salary during sick- 
 ness, certified by a physician, for a period not exceeding four weeks 
 for the entire year; this period may be increased by the trustees. 
 
 (6) If at the expiration of a teacher's agreement with a board 
 of trustees his salary has not been paid in full, such salary shall 
 continued to run at the rate mentioned in such agreement until 
 paid, provided always that an action shall be commenced within 
 three months after the salary is due and payable by the trustees. 
 
 (7) All matters of difiference between trustees and teachers, in 
 regard to salary or other remuneration under a valid agreement, 
 shall be brought in the division court of the division where the 
 cause of action arose, subject to appeal. 
 
 78. — (i) Any person a subject of Her Majesty, who is not less 
 than eighteen years of age, of good moral character and who passes 
 the examinations prescribed by the Education Department, may 
 be awarded a first, second or third-class certificate according to the 
 standards required by sucb examination; 
 
 (2) Subject to any regulations of the Education Department 
 with regard to experience in actual teaching, certificates of the first 
 and second-class shall be valid during good conduct; certificates 
 of the third class shall be valid for a period of three years. Every 
 third-class certificate shall have the signature of at least one in- 
 spector. 
 
 (3) The inspectors of the territorial districts, or any countv 
 board of examiners, may issue certificates valid only within the 
 district of such inspector, or the jurisdiction of the county board, 
 for a term not exceeding one year, subject to the regulations of the 
 Education Department. 
 
 (4) Certificates granted before the fifteenth day of February, 
 in the year 1871, shall remain in for'^e on the terms of the Act 
 under w'hich they were granted ; 
 
 (5) First-class certificaucs issued under any Act of this Pro- 
 vince before the fifteenth day of February, 1871, and valid on the 
 
87 
 
 TO- 
 
 the 
 
 24tli day of March, 1874, shall b€ valid in the Province during the 
 good conduct of the holder thereof; 
 
 (6) Second-class certificates issued and valid as aforesaid shall, 
 when the holders thereof have taught for ten years in Ontario, be 
 valid during good conduct within the territory in which they were 
 granted. 
 
 (7) The inspector may suspend the certificate of any teacher 
 under his jurisdiction for inefificiency, misconduct or a violation of 
 this Act or of the regulations of the Education Department . In 
 every case of suspension he shall notify in writing the trustees con- 
 cerned and the teacher of the reasons for such suspension; 
 
 (8) The inspector shall forthwith call a meeting of the county 
 board of examiners for the consideration of such suspension, of 
 which due notice shall he given to the teacher so suspended, and 
 the decision of the board shall be final, 
 
 79. — (i) The municipal council of each county shall appoint 
 annually a board of examiners, consisting of the inspector or in- 
 spectors having jurisdiction within the county and not more than 
 two other persons holding first-class certificates of qualification, 
 for the purpose of examining candidates for teachers' third-class 
 certificates and for such other purposes prescribed by this Act. The 
 members so appointed shall continue in cfifice till their successors 
 are appointed, and shall hold at least one examination each year. 
 A majority of the board shall forrr. a quorum; 
 
 (2) Where deemed necessary from the general use of the 
 French or German language, the county council may appoint addi- 
 tional examiners, not exceeding two, for the purpose of conducting 
 the; examination of candidates for a teacher's certificate in either 
 of the languages aforesaid; 
 
 (3) The treasurer of the county shall, en the requisition of 
 the chairman of the board, pay all th incidental expenses of the 
 examination of third-class teachers. He shall also, on a like requi- 
 sition, pay each member of the board $4 per diem and travelling 
 expenses w'hile engaged as examiner. 
 
 (4) Every member of a county board of examiners, while en- 
 gaged in conducting an investigation affecting the standing of any 
 teacher within the jurisdiction of the board, shall be paid $4 per 
 diem and travelling expenses by the treasurer of the county; 
 
 (5) After the passing of this Act no person shall be appointed 
 a member of a county board of examiners who is not actually en- 
 gaged in teaching and who has not had at least three years' ex- 
 perience as a teacher in a public or separate school. 
 
 . — (i) The board of examiners of every county shall, subject 
 to the regulations of the Education Department, set apart at least 
 one public school in each county as a county model school for the 
 training of teachers for third-class certificates; 
 
 (2) Where more model schools than one have been established 
 in anv countv and where the whole number of teachers in training 
 
as 
 
 I mi 
 
 I 
 
 for the two preceding years at such schools has not exceeded 
 twenty-five, tlie county board of examiixers may, with the approval 
 of the Education Department, discontinue one or more of such 
 schools, Init not so as to reduce the number below that required by 
 this Act; - • 
 
 (3) The municipal council of every county shall pay to the 
 treasurer of each pubhc school within the county to which a model 
 school is attached an amount at least equal to the sum voted by 
 the LejT;^islative Assembly for each county model school, but th^: 
 amount to be provided by the county council shall not be less than 
 the sum of $150 annually, and the council may, if it sees fit, pro- 
 vide a larger amount. 
 
 (4) The board of trustees of any city may set apart one or 
 more of such city schools for the traming of third-class teacher?, 
 subject to the regulations of the Education Department. 
 
 81. — (i) The teachers of one or more inspectoral districts mav 
 organize themselves into a Teachers' Institute for the purpose of 
 receiving instruction in methods of teaching and for discussing 
 educational matters, subject to the regulations of the Education 
 Department. 
 
 (2) The Minister of Education may apportion out of any 
 moneys voted by the Legislative Assembly for that nurpose the 
 sum of $25 to each teachers' institute organized and conducted 
 according to the regulations of the Education Department, and 
 the council of each county or city shall pay annually to the order 
 of the president of each teachers' institute within the county or city 
 a sum at least equal to the amount apportioned by the Minister of 
 Education. 
 
 82. — (i) No person shall be appointed inspector of public 
 schools in any county city or town who does not hold an insnec- 
 tor's certificate of qualification, as prescribed by the regulations 
 of the Education Department, and no inspector snail, during his 
 tenure of oflfice, engage in or hold any other employment or calling 
 which interferes with the full discharge of his duties as inspector. 
 
 (2) The board of trustees of every city and town separated 
 from the county shall appoint an inspector of public schools for 
 such city or town. When the teachers engaged b}' the trustees of 
 any city exceed three hutdrcd the board shall appoint two inspec- 
 tors, and likewise an additional inspector for every three hundred 
 teachers on the staff above six hundred. 
 
 (3) The council of every county shall appoint an inspector for 
 such county, provided always that any inspector appointed here- 
 after for a county or part of a county shall be inspector of the 
 schools of any town not separated form the county in the district 
 to which he has been appointed. 
 
 (4) No countv inspector hereafter aopointed shall have charge 
 of more than one hundred and twenty shools or less than fifty, but 
 
81) 
 
 it shall not be necessary to appoint more than one inspector in each 
 electoral division of a county. 
 
 (5j In counties containing any municipality Wherein the 
 French or German language is the common or prevailing language, 
 an inspector may have charge of any number of schools not less 
 than forty 
 
 (6) In counties where there more than fifty public schools, 
 the county council may appoint two or more inspectors, and pre- 
 scribe and number the divisions of each, and change or remove 
 the inspectors from one division of the county to another. 
 
 (7) In the event of a vacancy occurring in the of^ce of inspec- 
 tor, the warden of the county may appoint any person legally quali- 
 fied to fill such vacancy until the next ensuing meeting of the 
 council. Notice of any appointments by the county council shall 
 be given to the Minister of Education forthwith. 
 
 (8) The council shall pay quarterly to every inspector at the 
 rate annually of $5 for every teacher occupying a separate room 
 with a separate register, also reasonable travelling expenses, such 
 expenses to be determined by the council. 
 
 (9) When the school board of any town not separated from 
 the county has before the passing of this Act appointed an insp-ec- 
 or, other than the county inspector within whose district such town 
 is situated, the county treasurer, on demand, shall nay to the <jrder 
 of such board a sum of money erji:al to the amount collected within 
 such town for the payment of tne salary of the i-jumy insnecti.r. 
 
 (10) The sum of $5 for every teacher occupying a separate 
 room with a separate register shall be paid out of any Legislative 
 grant for that purpose as the Lieutenant-Governor-in-Council may 
 direct towards the salary of the inspector and a similar sum to the 
 school board of any city or town separated from the county, to- 
 wards the payment of the salary of the irspector of the city or 
 town. 
 
 (11) In cases where any inspector requires 'ie testimony of 
 witnesses to the truth of any fact alleged in any coi laint or appeal 
 made to him or to the Minister of Education or the lucation De- 
 partment, it shall be lawful for such inspector to administer en 
 oath to such witnesses, or to require their solemn affirmation. 
 
 (12) Any school inspector shall, in case of misconduct or in- 
 efficiency, be subject to dismissal by the Lieutenant-Goverhor-in- 
 Council, or by a majority of the members of the council or 1 oard 
 of trustees appointing him, or without cause by a vote of two- 
 thirds of such council or board, and no such inspector shall be re- 
 appointed without the concurrence of the party who dismissed him. 
 
 83. It shall be the duty of every school inspector : 
 
 I. To visit every public school within his jurisdiction once in 
 
 each term, unless otherwiise directed by the county council or 
 
 board of trustees bv which he was appointed; to deliver public 
 
 lectures in his district on some subject connected with school edu- 
 

 it 
 
 90 
 
 cation; to call a special meeting of the section when deemed ex- 
 pedient to see that every school is conducted according to this Act 
 and the regulations of the Department. 
 
 2. To examine into the condition of the school, as /espects 
 the progress of the pupils in learning, the order and discipline ob- 
 served, the system of instruction pursued, the mode of keeping the 
 school registers, the average attendance of pupils, t'le character and 
 sanitary condition of the buildings and premises, and to give advice 
 to the teachers, pupils and ofificers of the schools. 
 
 3. T vithhold his order for the amount apportioned from 
 the legislative or municipal grant, (a) when any school was kept 
 open for less than six months in the year, or (b) when the trustees 
 tail to transmit the animal or semi-annual school returns properly 
 filled up, or (c) when the trustees fail to comply with the school x\ct 
 or the regulations of the Education Department, rr (d) when the 
 teacher uses, or permits to be used, as a text-book any unauthorized 
 book; and to report to the trustees and to the Education Depart- 
 ment his reasons for so doing; 
 
 4. To rei)ort to the trustees and to the medical health officer 
 of the municipality in which the school-house is situated, in every 
 case in which the school premises or buildings are found in an un- 
 sanitary condition, and to withhold the school grants in all such 
 cases until notified by such health officer or board of health that 
 the provisions of The Public Health Act have been complied with. 
 
 5. To give \v'hen desired any information in his power to the 
 Minister of Education respecting any matter in connection with 
 a school within his jurisdiction, and to prepare and transmit to the 
 Minister of Education, on or before the first day of March, an 
 annual report in the form prescribed by the Education Department ; 
 
 6. To give, at his discretion, any candidate, on due examina- 
 tion, a certificate of qualification to teach a school within his dis- 
 trict until the next ensuing professional examination of teachers; 
 and to discharge such other duties as may be required by the Min- 
 ister of Education, the county council or the boa"d of trustees by 
 which he was appointed; 
 
 7. To deliver over to his successor, on retiring from office, 
 copies of his official correspondence and all school papers in his 
 custody, on the order of the county council or school board ap- 
 pointing him. 
 
 84. — (i) Any person engaged as arbitrator on any matter aris- 
 ing under this Act shall be paid the sum of four dollars per diem 
 and travelling expenses. In making their award the arbitrators 
 shall, among other things, determine the liabilities of the parties 
 concerned for the costs of the arbitration, and such determination 
 shall be final and conclusive; 
 
 (2) When any complaint is made to an inspector with regard 
 to any matter affecting the validity of the election of a school trus- 
 tee, or the procedure of a school meeting requiring the taking of 
 
91 
 
 evidence wliere the cause of complaint arose, the trustees of the 
 school section concerned shall pay the inspector while conducting 
 such investigation the sum of ,$4 per diem and travelling expenses. 
 85. — Every teacher or inspector whose name is entered as 
 having paid into the fund for superannuated teachers, may con- 
 tinue to contribute to such fund in such manner as may be pre- 
 scribed by the Education Department, the sum of at least $4 an- 
 nually, but no payment of arrears to the fund shall be allowed after 
 the 30th day of March, 1885. 
 
 86. — (i) On the decease of any teacher or inspector, his wife, 
 her husband, or legal representative, shall be entitled to receive 
 back the amount paid into the superannuation fund by such teacher 
 or inspector, with interest at the rate of seven per cent, per annum. 
 
 (2) No teacher or inspector who has reached the age of sixty 
 years shall be held to be disqualified from superannuation by rea- 
 son of his having retired from active service before the age of sixty, 
 provided that such teacher or inspector has served thirty-five years, 
 and that no payment shall be made to such teacher or inspector 
 until he has reached the age of sixty. 
 
 87. — (i) Every or inspector who, while engaged in his profes- 
 sion, contribute to the superannuated teachers' fund shall, on reach- 
 ing the age of sixty years if he retires from the profession, receive 
 an annual allowance at the rate of $6 per annum, for every year of 
 service in Ontario, upon furnishing evidence of good moral char- 
 acter, age and length of service. 
 
 (2) Every teacher or inspector under sixty years of age who 
 has contributed as aforesaid, and who is disabled from practising 
 his profession, shall be entitled to a like annual allowance upon 
 furnishing evidence as to length of service, moral character and 
 disability. 
 
 (3) Every superannuated teacher who holds a first or second- 
 class provincial certificate, or a first-class county board certificate, 
 and every principal of a high school or collegiate institute, shall be 
 entitled to receive a further allowance at the rate of $1 per annum 
 for every year of service while he held such certificate, or while he 
 acted as principal of a high school or collegiate institute. 
 
 (4) The retiring allowance shall cease at the close of the year 
 of the death of the recipient, and may be discontinued at any time 
 should the teacher's moral character be unsatisfactory to the Edu- 
 cation Department. 
 
 (5) If any superannuated teacher or inspector shall, with the 
 consent of the Education Deparment, resume the profession of 
 teaching cr inspecting, his allowance shall be :uspended while :o 
 engaged. In case such teacher or inspector is again placed on the 
 superannuation list an allowance for the additional time of service 
 shall be made on compliance with this Act. and the regulations of 
 the Educational Department. 
 
 (6) Any teacher or inspector who, having resumed his pro- 
 

 m 
 
 
 li 
 
 !f 
 
 111-; 
 ill 
 
 I- 
 
 92 
 
 fession, draws or continues to draw upon the supeiannuation fund 
 for any part of his allowance as a superannuated teacher, shall for- 
 feit all claim to the fund, and his name shall be struck off the list of 
 :superannuated teachers. 
 
 (7) In the case of those teachers or inspectors who may not 
 avail themselves of the provisions of section 85 or sub-section 8 of 
 this section, the provisions of sections 85 to 87, inclusive, shall 
 apply so far as relates to all sums of money already paid into the 
 fund for superannuated teachers. 
 
 (8) Any teacher who retires from the profession, or any teacher 
 or inspector who desires to remove his name from the list of :on- 
 tributors to the superannuated teachers' fund, shall be entitled to 
 receive back from the Minister of Education one-half of any sums 
 paid by him or her to the fund, through the inspector or otherwise. 
 
 88. — (i) The trustees of every public school shall admit to 
 their school any non-resident pupils who reside nearer such school 
 than the school in their own section, providing always the inspector 
 reports the accommodation of the school room ;tifficient for their 
 admission. In case of dispute as to the distance from the school, 
 the decision of the inspector shall be final. 
 
 (2) The parents or guardians of such non-resident children 
 shall pay to the trustees of the school to which their children have 
 been admitted such fees monthly as may be mutually agreed upon, 
 provided such fees, together with the taxes paid to such school (if 
 any), do not exceed the average cost cf the instruction of the pupils 
 of such school. 
 
 (3) Any person residing in one school section and sending his 
 children to a neighboring school, shall be liable for the payment 
 of all rates assessed on his property for the school purposes of the 
 section in which he resides, but it shall be lawful for any board of 
 trustees to remit the fees paid to the neighboring section. 
 
 (4) Where the property of a non-resident is assessed for an 
 amount equal to the average assessment of residents the children of 
 such non-resident shall be admitted to the public school of the sec- 
 tion on the same terms as the children of residents. 
 
 (5) When the children attending a neighboring section are 
 three miles or more distant in a direct line from the school-house 
 in the section to which they belong, the trustees of the section in 
 which such children are resident shall remit as much of the taxes 
 chargeable upon the parents or guardians of such children for 
 school purposes as would be at least eqi;al to the fees paid to such 
 neighboring section. 
 
 (6) In case a county council establishes a house of refuge in 
 any county any person of school age maintained in such house of 
 refuge shall for the purposes of this Act be deemed a non-resident, 
 and the county council shall pay to the trustees of the school at- 
 tended by such person or persons such monthly fees as may be 
 
 ' 
 
■ 
 
 93 
 
 mutually agreed upon, provided such fees do not exceed the aver- 
 age cost of the instruction of the pupils of such school. 
 
 89. — (i) The public school teaching year shall consist of two 
 terms: in rural schools the rirst term shall begin o . the third Mon- 
 day of August and end on the 22nd day of December; the second 
 ttiin shall begin on the 3rd day cf January and end on the 30th 
 day of June. 
 
 (2) In urban municipalities the first term shall begin on the 
 first day of September and end on the 22nd day of December; the 
 second term shall begin on the 3rd day of January and end on the 
 30th day of June. 
 
 (3) Every Saturday, every public holiday, the week following 
 Easter Sunday, and every day proclaimed a holiday by the author- 
 ities of the municipality in which the teacher is engaged, shall be a 
 hiolday in public schools. 
 
 (4) In the territorial districts the trustees of any rural school 
 may allot the time herein allowed for holidays at Easter and mid- 
 summer to suit the convenience of pupils and teachers, provided 
 of the same duration as herein set forth. 
 
 90. — (i) Any authorized text-book in actual use in any public 
 or model school may be changed by the teacher of such school for 
 any other authorized text-book in the same subject on the written 
 approval of the trustees and the inspector, provided such change 
 is made at the beginning of a school term, and at least six months 
 always that the same number of holidays be allowed and in periods 
 after such approval has been given; 
 
 (2) In case any teacher shall negligently or wilfully permit any 
 unauthorized text-book to be used by the pupils of his school, he 
 shall for each such offence, on conviction thereof before a police 
 magistrate or justice of the peace, be liable to a penalty payable to 
 the municipality for school purposes not exceeding $10, with costs, 
 as the police magistrate or justice may think fit. 
 
 91. — (i) The judge of any division court wherein any action 
 between teachers, inspectors, trustees, or others acting under this 
 Act, or The High Schools Act, is tried, may, at the request of either 
 party, order the entering of judgment to be delayed for a sufficient 
 time to enable such party to apply to the Minister of Education to 
 appeal the case. 
 
 (2) The Minister may, within one month after the rendering 
 of judgment in any such case, appeal from the decision of the 
 division court judge to the High Court at Toronto, by serving 
 notice in writing of such appeal upon the clerk of the division court 
 appealed from, which appeal shall be entitled " The Minister of 
 Education for Ontario, appellant, in the matter between (A. B. and 
 C. D.)" But nothing herein contained shall be held to interfere 
 with the right of any of the parties to the action exercising the or- 
 dinary right of appeal. 
 
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 94 
 
 (3) The judg-e whose opinion is thus appealed from shall there- 
 upon certify under his hand to the registrar of the division of the 
 High Court appealed to the summons and statement of claim and 
 other proceedings in the case, together with the evidence and his 
 own judgment thereon, and all objections made thereto. After 
 notice of appeal has been served no further proceedings fhall be 
 had until the matter of appeal has been decided by the High Court. 
 
 (4) On the Judge receiving notice of appeal from his decision 
 lie shall thereupon certify under his hand to the Minister of Educa- 
 tion the proceedings in the case, the evidence and his own judg- 
 ment thereon and all objections thereto. The High Court shall 
 give such order or decision to the court below, touching the judg- 
 ment to be given, as the circumstances of the case require. 
 Upon receipt of such order, direction and certificate, the judge of 
 the division court shall forthwith proceed in accordance therewith. 
 
 (5) The court may also award costs against the i\ppellant, 
 which costs shall be certified to and form part of the judgment of 
 the court below. All costs awarded against an appellant, and all 
 costs incurred by him, may be paid by the Minister, and charged 
 as contingent expenses of his office. 
 
 92. — (i) Judges, members of the Legislature, members of 
 county councils, and aldermen shall be school visitors in the muni- 
 cipalities where they respectively reside. All clergymen shall be 
 school visitors in the municipalities where they have pastoral 
 charge. 
 
 (2) School visitors may visit and attend the examination of 
 schools, and at any such visit may examine the progress of the 
 pupils, the state and management of the school, and give such ad- 
 vice to the teacher and pupils as they deem expedient. 
 
 93. If any township clerk neglects or refuses to furnish the 
 school section may or neglects for one month to make any return 
 required by this Act, he shall be liable to a penalty not exceed- 
 ing $10. 
 
 94. Any person who wilfully makes a false declaration of his 
 right to vote at any school meeting or election shall be !iable to a 
 penalty of not less than $5 tior more than $10. 
 
 95. Any school trustee who refuses to serve after being duly 
 elected shall be liable to a penalty of $5, and any person elected as a 
 school trustee who attends any meetings of the school board as 
 such after being disqualified under this Act, shall be liable to a 
 penalty of $20 for every meeting so attended. 
 
 96. No school trustee shall be eligible to appointment as in- 
 spector or teacher within his section ; nor shall the teacher of any 
 pubHc, high or separate school liold the office of trustee, nor shall 
 -an inspector be .1 teacher or trustee of any public, high or separate 
 school while inspector. 
 
 97. Any trustee who is convicted of felony or misdemeanor, 
 or becomes insane, or absents himself from the meetings of the 
 
95 
 
 board for three consecutive months, without being authorized by 
 resolution, or ceases to be resident within the section, shall vacate 
 his seat and the remaining trustee or trustees s'^all declare his 
 seat vacant and forthwith order a new jlection. 
 
 98. Ary trustee who has any interest in any contract with or 
 on behalf of the corporation, shall vacate his seat, and the contract 
 shall be void, and on complaint of two ratepayers or the remaining 
 trustee or trustees, the County Judge may declare the seat vacant, 
 and order a new election, provided that the trustees may allow the 
 secretary-treasurer such compensati n as ma) be appro\ 26. at the 
 annual meeting of the ratepayers. 
 
 99. In case any school meeting has not been held for Want of 
 proper notice, every person whose duty it was to give the notice 
 shall forfeit $5, to be recovered before a justice of the peace by any 
 resident inhabitant in the school section, for the use thereof. 
 
 100. Any person who wilfully disturbs the proceedings' of any 
 school meeting or interrupts any school under its authority, or 
 other school, by rude behavior, or by making a noise so near 
 thereto as to disturb the exercises of the school, shall, for each 
 offence, on conviction before a justice of the peace, on the oath of 
 one credible witness, forfeit and pay for school purposes a sum 
 not exceeding $20 with costs, as the justice may think fit, 
 
 loi. Every person elected as trustee who has not refused the 
 office, and who refuses or neglects to perform its duties, shall for- 
 feit $20, to be recovered before a justice of the peace, by the trus- 
 tees or any person whatsoever for the purposes of such trustees. 
 
 102. Any trustee or school corporaton who neglects or refuses 
 to exercise all the corporate powers vested in them for the fulfil- 
 ment of any contract or agreement made by them, shall be held to 
 be personally responsible for the fulfilment of such contract or 
 agreement. 
 
 103. Any chairman who neglects to transmit to the inspector 
 a minute of the proceedings of any school meeting within ten days 
 after the holding of such meeting shall be liable, on the complaint 
 of any ratepayer, to a fine of not more than $5. 
 
 104. If any trustees refuse or neglect to take proper security 
 from the secretary-treasurer or other person to whom they entrust 
 school moneys they shall be held personally responsible for the 
 moneys. 
 
 105. If any part of the school fund or moneys is embezzled 
 or lost through the dishonesty or faithlessness of any trustee, sec- 
 retary-treasurer or other person to whom it has been entrusted, and 
 proper security against the loss has not been taken, the person or 
 persons whose duty it was to have exacted the security shall be 
 personally responsible for the sums so embezzled or lost; and such 
 sums may be recovered from him or them by the person entitl ^d 
 to receive the same by action in any court having jurisdiction to 
 the amount or by information at the suit of the Crown. 
 
 
96 
 
 II 
 
 :i!li 
 
 
 ij'i'' " 
 
 111 
 
 106. No secretary-treasurer appointed by the school trustees 
 of any section, and no person having been such secretary-treasurer, 
 and no trustee or other person 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 or neglect or refuse to deliver up or account for, and pay 
 over the same or any part thereof, to the person, and in the manner 
 directed by the school corporation then in office, or by other com- 
 petent authority; and such withholding, neglect or refusal to de- 
 liver up or account for, shall be punishable, as provided in the three 
 following sections. 
 
 107. — (i) Upon application to the Judge of the County Court, 
 by a majority of the trustees, or by any two ratepayers of the sec- 
 tion, supported by their affidavit made before some justice of the 
 peace, of such wrongful withholding or refuasal, the Judge shall 
 make an order that such secretary-treasurer, or person having been 
 such secretary-treasurer or trustee, or other person, do appear 
 before him at a time and place to be appointed in the order. 
 
 (2) Any bailiflf of the Division Court, upon being required 
 by the Judge, shall serve the order personally on the person com- 
 plained against, or leave the same with a grown-up person at 
 his residence. 
 
 (3) At the time and place so appointed, the Judge being satis- 
 fied that service has been made, shall, in a summary manner, and 
 whether the person complained of does or does not appear, hear the 
 complaint, and if he is of opinion that the complaint is well founded, 
 the Judge shall order the person complained of to deliver up, ac- 
 count for, and pay over the books, papers, chattels, or moneys as 
 aforesaid, by a certain day to be named by the Judge in the order, 
 together with such reasonable costs incurred in making the appli- 
 cation, as the Judge may tax. 
 
 (4) In the event of non-compliance witW the terms specified 
 in such order, or any of them, the Judge shall order the said person 
 to be forthwith arrested by the sheriff of any county in which he 
 may be found, and to be committed to the common gaol of his 
 county, there to remain without bail until the Judge is satisfied that 
 the person has delivered up, accounted for, or paid over the books, 
 papers, chattels or moneys in question, in the manner directed by 
 the majority of the trustees, or other competent authority, as afore- 
 said; upon proof of his having so done, the Judge shall make an 
 order for his discha.rge, and he shall be discharged. 
 
 (5) No such proceedings shall impair or affect any other 
 remedy which the said trustees, or other competent authority, may 
 have against the secretary-treasurer, or person having been such 
 occretary-treasurer or his sureties, or against any trustee or other 
 person as aforesaid. 
 
 108. The trustees, or their secretary-treasurer in their behalf, 
 shall not refuse to furnish the auditors of the school corporation, 
 
 
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other 
 ', may 
 L such 
 
 other 
 
 97 
 
 or either of them, with any papers or information in their power, 
 and which may be required of them relative to their school accounts, 
 under a penalty of $20. 
 
 log. In case the trustees of any rural school section neglect 
 to transmit to the inspector, or or before the 15th day of January, 
 to transmit to the inspector, on or before the 15th day of January 
 in every year, a correct and verified statement of the average at- 
 tendance of pupils in each of the schools under their charge during 
 the twelve months thien immediately preceding, the section shall 
 not be entitled to the apportionment from the school fund for the 
 said twelve months, and the trustees so neglecting shall be per- 
 sonally responsible for the amount of the loss of such moneys. 
 
 no. In case the trustees of any school section neglect to pre- 
 pare and forward the annual report to their inspector by the 15th 
 day of January in every year, each of them shall, for every week 
 after such 15th day of January, and until such report has been 
 presented, forfeit the sum of $5 to be sued for by the inspector. 
 
 III. — (i) If any trustee of a public school knowingly signs 
 d false report, or if any teacher of a school keeps a false school 
 register, or makes a false return, With the view of obtaining more 
 than the just proportion of school moneys or for any other improper 
 purpose, the trustee or teacher shall, for every offence, forfeit to 
 the school fund of the municipality the sum of $20. and the trustee 
 or teacher may be convicted on oath of one credible witness other 
 than the prosecutor. 
 
 (2) If uix)n conviction, the penalty is not forthwith paid, the 
 same shall, under the warrant of the justice, be levied with costs by 
 distress and sale of the goods and chattels of the offender, and shall 
 be paid by the justice to the Public School Board. 
 
 112. The trustees of every school section shall be personally 
 responsible for the amount of any school moneys forfeited by or 
 lost to the school section in consequence of the neglect of duty of 
 the trustees during their continuance in office. 
 
 113. — (i) No teacher, trustee, inspector or other person offi- 
 cially connected with the Education Deparment, the normal, 
 model, public, or high schools or collegiate institutes, shall become 
 or act as agent or any person or persons to sell, or in any way to 
 promote the sale for such person or persons, of any school, library, 
 prize or text-book, map, chart, school apparatus, furniture or sta- 
 tionery, or shall receive compensation or other remuneration or 
 equivalent for such sale, or for the promotion of sale in any way 
 whatsoever. 
 
 (2) Any teacher who refuses to give up possession of any 
 visitor's book, school register, school-house key or any other 
 school property in his possession shall not be deemed a qualified 
 teacher until restitution is ma 'e, and shall also forfeit any claim 
 which he may ha.ve against the said trustees. 
 
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 98 
 
 114. — (i) Unless it is in this Act otherwise provided, all fines, 
 penalties and foreitures recoverable by summary proceedings, may 
 be sue<l for, recovered and enforced with costs, by and before any 
 police magistrate or justice of the peace having jurisdiction within 
 the municipality in which such fine or penalty has been incurred. 
 
 (2) If the fine or penalty and costs are not forthwith paid, the 
 same shall, by and undei the warrant of the convicting justice, be 
 levied and collected with costs, by distress and sale of thie goods 
 and chattels of the offender, and shall be by the police magistrate 
 or justice paid over to the school treasurer of the school section, 
 city, town or village, or other party entitled thereto. 
 
 (3) In default of such distress, the police magistrate or justice 
 shall, by his warrant, cause the oflfender to be imprisoned for any 
 time not exceeding thirty days, unless the fine and costs, and the 
 reasonable expenses of endeavoring to collect the same, are sooner 
 paid. 
 
 115. All lands which previous to the 24th day of July, 1850, 
 weie granted, devised or otherwise conveyed to any person or per- 
 sons in trust or common school purposes, and held by such person 
 or persons and their heirs or other successors in the trust, and have 
 been heretofore vested in the public school trustees of the school 
 section or municipality in which such lands are respectively situate, 
 shall continue vested in such trustees, and shall continue to be held 
 by the said trustees and their successors upon the like trusts and 
 subject to the same conditions and estates upon or subject to v/hich 
 the said lands are now respectively held. 
 
 116. The following Acts and parts of Acts are hereby repealed: 
 The Act passed in the 54th year of Her Majesty's reign, chaptered 
 55; sections 2, 3 and 4 of the Act passed in the 55th year of Her 
 Majesty's reign, chaptered 60; sections 4 to 10 of the Act passed 
 in the 58th year of Her Majesty's reign, chaptered 157. 
 
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 V-' .,>,-. V 
 
 FORM A. 
 
 (Section 72.) 
 
 form of school debenture, 
 
 Province of Ontario. 
 
 . V •-.:. 
 
 $ 
 
 of 
 
 County of 
 
 of 
 
 Debenture of the 
 School Loan. 
 
 The corporation of the 
 to pay to Bearer at the Bank of 
 of dollars, in lawful money of Canada, 
 
 from thie date hereof; and to pay interest at the. rate of 
 
 No. 
 , for 
 
 at 
 
 hereby promises 
 
 , the sum 
 
 year 
 
 per 
 
 cent, per annum, half-yearly, to the Bearer of the annexed cou- 
 pons respectively, upon the presentation thereof at the said Bank. 
 Issued at , this day of i8 , by 
 
 virtue and under the authority of The Public Schools Act, 1891, 
 of Ontario, and pursuant to By-law No. of said of 
 
 . passed on the day of A.D. 18 , 
 
 intituled " A By-law to raise by way of loan the sum of 
 dollars, for the purpose therein mentioned " (or as the case 
 may be). 
 
 A. B., Reeve or Mayor. 
 
 C. D., Treasurer. 
 
 Coupon No. 
 
 The Corporation of the of 
 
 will pay the Bearer at the Bank of , 
 
 at , on the day of , the 
 
 Mim of dollars, interest due on that 
 
 day on Debenture No. 
 
 C. D., Treasurer. 
 

 1 
 
 LM,.; 
 
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 ,'■ 
 
101 
 
 THE 
 SEPAKATE SCHOOLS ACT. 
 
 CONSOLIDATED, CONDENSED & CLASSIFIED. 
 
 i. This Act may be cited as " The Separate Schools Act." 
 
 2. — (1) Upon the application in writing- of Ave or more heads 
 of families resident in any towLship, city, town or incorporated vil- 
 lage, being Protestants, the municipal council of the said township 
 or the board of school trustees of any such city, town or incorpor- 
 ated villager, shall authorize the establishment therein of one or 
 more separate schools for Protestants ; and upon the application in 
 writing of five or more heads of families residents in any township, 
 city, town or incorporated village being coloured people, the council 
 of such township, or the board of school trustees of any such city, 
 town or incorporated village, shall authorize the establishment there- 
 in of one or more separate schools for coloured people, and in every 
 such case such council or board, as the case may be, shall prescribe 
 the limits of the section or sections of such schools. 
 
 (2) No person shall be a supporter of any separate school for 
 coloured people unless he resides within three miles in a direct line 
 of the site of the school house for such separate school. 
 
 3. There shall be three trustees for each separate school, and 
 the first meeting for the election of such trustees shall be held and 
 conducted in the manner and according to section 27. 
 
 4. On the twenty fifth day of December next, following the 
 date of the application mentioned in section 2, each such separate 
 school shall go into operation, and shall be under the same regula- 
 tions as public schools generally. 
 
 5. None but coloured people shall vote at the election of trust- 
 ees of any separate school established for coloured people, and none 
 but the persons petitioning for the establishment of, or sending 
 children to, a Protestant separate school, shall vote at the election 
 of trustees of such school. 
 
 6. In any city or town the persons who make application, 
 according to the provisions of section 2, may have a separate school 
 in each ward, or in two or more wards united. 
 
 
102 
 
 i n 
 
 7 . No Protestant separate school shall be allowed in any school 
 section, exc(!pt when the teacher of the public school in such section 
 is a Roman Catholic. 
 
 8. In all municipalities having public school sections in which 
 separate schools exist, every Protestant or coloured person sending 
 children to such schools, or subscribing thereto annually an amount 
 equal to the sum at which such person must have been rated to 
 obtain tlie legislative public school grant, shall be exempt from the 
 payment of all rates imposed for ihe support of the public schools of 
 such municipality. 
 
 9. Such exemption shall cease whon such persons cease to sub- 
 scribe as aforesaid, nor shall the exemption extend to school rates 
 or taxes imposed to pay for school-houses, undertaken before the 
 establishment of such separate school. 
 
 10. Separate schools shall not share in school money raised by 
 local municipal assessment for public school purposes. 
 
 11. Every separate school shall share in such legislative 
 public school grant according to the yearly average number of 
 pupils attending such separate school, as compared with the average 
 number of pupils attending the public schools in each f mch muni- 
 cipality ; the mean attendance for winter and summer being taken. 
 
 12. The trustees of every separate school shall, on or before 
 the 30th day of June, and 31st day of December of each year, trans- 
 mit to the inspector a correct return of the names of all Protestants 
 or coloured persons who have sent children to, or subscribed as 
 aforesaid to such separate school for the last six months, the names 
 of children sent and the amounts subscribed respectively, together 
 with the average attendance in the separate school during such 
 period. 
 
 13. The inspector shall, upon receipt of the return, forthwith 
 make a return to the clerk of the municipality in which the separate 
 school is established, stating the names of all the persons who, being 
 Protestants or coloured persons, contribute or send children to the 
 separate school. 
 
 14. Except the rate for building school-houses undertaken be- 
 fore the establishment of such separate school, the clerk and trustees 
 shall not include in the collector's roll or school roll for the general 
 or other school rate, any person whose name appears upon the last 
 mentioned return. 
 
 15. The clerk of the municipality within which a separate 
 school is established, shall allow any one of the said trustees, or their 
 collector, to make a copy of such roll as far as it relates to their 
 school section. 
 
 16. The provisions of sections 28 to 39 inclusive, shall apply to 
 the trustees and teachers of such separate schools. 
 
 i *! 
 
103 
 
 17. The trustees of <!very sepjiratc school shall be a body cor- 
 porate under the name of " The Trustees of the Protestant Coloured 
 or Separate School of in the township (or <is the ease mai/ bn) 
 
 of ," and shall have such power to levy and collect sctiool 
 
 rates or subscriptions, upon and from {(crsons sendinf? children to or 
 8ubscribin<^ towards the support of, the separate school as are pro- 
 vided in aection 53. 
 
 18 The sections and provisions hereinafter contained are en- 
 acted in respect of separate schools for Roman Catholics, now or 
 hereafter established. 
 
 19. Where the words following: occur they shall be construed 
 in the manner hereinafter mentioned unless a contrary intention 
 appears. 
 
 1. " Rural school " shall signify and mean asc^parate school for 
 Roman Catholics now or hereafter established within a township; 
 
 2 " Urban school " shall signify and mean a separate school 
 for Roman Catholics now or hereafter established within a city, town 
 or incorporated village ; 
 
 ii. ''Separate school " shall signify and mean a separate school 
 for Roman Catholics now or hereafter established. 
 
 20. The trustees of separate schools for Roman Catholics here- 
 tofore or hereafter elected in the several wards of any city or town 
 or incorpori|ted village, shall form one body corporate, under the 
 title of " The Board of Trustees of the Roman Catholic Separate 
 Schools for the City (or Town, or incorporated Village) of ." 
 
 2 1 . Any number of persons, not less than five, being heads of 
 families, and householders or freeholders resident within any section 
 of any township, incorporated village or town, or within any ward 
 of any city or town, and being Roman Catholics, may convene a 
 public meeting of persons desiring to establish a Separate School for 
 Roman Catholics in such school section or ward, for the election of 
 trustees. 
 
 22. A majority of the persons present being householders or 
 freeholders, and Roman Catholics, and not candidates for election 
 as trustees, may, at such meeting, elect three persons resident within 
 such section or an adjoining section, to act as trustees for 3uch sep- 
 arate school. 
 
 23. Notice in writing that such meeting has been held, and the 
 election of trustee, shall be delivered by one of the trustees to the 
 head of the municipality, or chairman of the board of public school 
 trustees in the municipality in which the school is to be established, 
 giving the names, occupations and residences of the persons elected 
 as trustees ; and it shall be the duty of the officer receiving the same 
 to endorse the date of the receipt thereof, and to deliver a copy so 
 endorsed and certified to such trustee, and from the day of the de- 
 livery and receipt of such notice, or in the event of the neglect or 
 refusal to deliver such copy, then from the day of the delivery of the 
 

 1 
 
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 i ■ 
 
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 1 
 
 M 
 
 
 104 
 
 notice the trustees therein named shall be a body corporate, under 
 the name of '' The Trustees of the Roman Catholic Separate School 
 for the section number , in the Township of , or for 
 
 the ward of , in ihe City or Town (as the oase may be), or 
 
 for the Village of in the County of ." 
 
 24. For every rurrl school there shall be three trustees, each 
 of whom, after the first election of trustees, sl'.all hold othce for three 
 years, and until his successor has been elected. 
 
 25. Any person being a British subject, not less than twenty- 
 one years of age, may be elected as a trustee, whether he be a house- 
 holder or freeholder or not. 
 
 2o. Every householder or freeholder of the full age of twenty- 
 one years, \yho is a support, r of a rural separate school, shall be en- 
 titled to vote at any election for trustee, or on any school question, 
 at any meeting of the supporters of such school. 
 
 27. The trustees of every rural school shall be elected, and 
 che time and mode of election, appointment and duties of chairman 
 and secretary, term of ortice and manner of filling up vacancies, 
 shall be as hereinafter provided, that is to say .- 
 
 1. A medting of the supporters of the rural school shall be held 
 annually n the last Wednesday of December, or if a holiday, then 
 on the next day following, commencing at the hour of ten o'clock in 
 the forenoon, for the purpose (among other things) of electing a 
 school trustee or trustees 
 
 2. In case, from the want of proper notice or other cause, any 
 annual meeting of separate school supporters was not held at the 
 proper time, any two supporters of a separate school may call a 
 school meeting by giving six days' notice, to be posted in at least 
 three of the most public places in the locality in which the school is 
 situate ; and the meeting thus called shall possess all the powers and 
 perform all the duties of the annual meeting. 
 
 28. The supporters of the separate school present at the meet- 
 ing shall elect one of their own number to preside over its proceed- 
 ings, and appoint a secretary who shall record the proceedings, and 
 perform such other duties as may be required of him by this Act. 
 
 (a) The business of the meeting may be conducted in the fol- 
 lowing order : receiving the annual report of the trustees, 
 receiving the annual report of the auditor or auditors, 
 and disposing of the same ; electing an auditor for the 
 current yeai ; miscellaneous business ; electinf a trustee 
 or trustees to fill any vacancy or vacancies. 
 
 4. The chairman shall preside and subnjit all motions to the 
 meeting in the manner desired by the majority. In case of an 
 equality of votes, he shall give the casting vote, but no other vote. 
 He shall decide all questions of order subject to an appeal to the 
 meeting. 
 
105 
 
 5. When a poll is demanded by two supporters of a rural school 
 at the meetinj^ 'or the election of a trustee, ihe chairman shall forth- 
 with grant the same, and the secretary shall proaeed to record, as 
 herein directed, the names of all qualified supporters of the rural 
 school present within the time prescribed, and the secretary shall 
 enter in the poll-book, in separate columns, the names of the candi- 
 dates proposed and seconded at the nomination, and shall, opposite 
 to such columns, write the names of the supporters offering to vote at 
 the election, and shall, in the column on which is entered the name 
 of a candidate voted for by a supporter, set opposite the supporter's 
 name and residence the figure " I." 
 
 6. In case a poll is demanded upon a rural school question by 
 any two supporters, the name of each supporter shall be similarly 
 placed in separate columns marked "for" or "against." 
 
 7* In case any objection is made to the right of a person to vote 
 at any meeting, either for trustee or upon any school question, the 
 chairman of the meeting, or the officer presiding, shall require the 
 person whose right of voting is objected to, to make the following 
 declaration or affirmation : 
 
 (a) I, A. B., do declare and affirm, that I am an assessed house- 
 holder or freeholder in Separate School Section • 
 
 (6) That I am of the full age of 21 years. 
 
 (o) That I am a supporter of the Roman Catholic Separate School 
 in said School Section No. 
 
 (o?) That as such supporter I have the right to vote at this meet- 
 ing of the supporters of such school. 
 Whereupon the person making such declaration shall be entitled 
 to vote. 
 
 >*. The poll at any such election of a trustee or trustees, or on 
 any school question, shall not close before eleven o'clock in the fore- 
 noon, but may close at any time thereafter when a full hour has 
 elapsed without any vote having been polled, and shall close at four 
 o'clock in the afternoon. 
 
 9. A trustee elected to fill a vacancy shall hold office only for 
 the unexpired term of the person in whose place he has been elected. 
 
 10. A trustee may resign with the consent, expressed in writ- 
 ing, of his colleagues in office. 
 
 11. Any retiring trustee may be re-elected with his own con- 
 sent, otherwise he shall be exempted from serving for four years 
 next after leaving office. 
 
 12. The trustees elected at a first rural school meeting shall re- 
 spectively continue in office as follows : 
 
 {a) The first person elected shall continue in office for two years, 
 to be reckoned from the annual school meeting next after 
 his election, and thence until his successor has been 
 elected ; 
 
106 
 
 i t 
 
 t 
 
 (6) The second person elected shall continue in office for one 
 year, to be reckoned from the same period, and until his 
 successor has been elected. 
 
 (c) The third or last person elected, shall continue in office until 
 the next ensuing annual school meeting, and until his- 
 successor has been elected. 
 
 13. A correct copy of the minutes of a firjt, and of every annual 
 and of every special school meeting, signed by the chairman and 
 secretary, shall be forthwith transmitted by the chairman of such 
 meeting to the Education Department. 
 
 28. The trustees of every rural school shall ha^ ■ power and 
 shall perform duties similar to those of the trustees of public schools 
 in school sections, that is to say : 
 
 1. Every board of rural school trustees (a majority of whom 
 shall form a quorum) shall be constituted by the election of a chair- 
 man and a secretary-treasurer. 
 
 (a) The secretary-treasurer, who may be a member of the boards 
 shall give such security as may be required by a majority 
 of the trustees : and such security shall be deposited with 
 the chairman of the board of separate school trustees. 
 
 2. It shall be the duty of the secretary-treasurer : 
 
 (a) To keep a full and correct record of the proceedings of 
 every meeting of the board, in the minute-book pro- 
 vided by the trustees for that purpose, and to see that 
 the minutes, when confirmed, are signed by the chair- 
 man or presiding trustee ; 
 
 (6) To receive all school moneys collected from the supporters 
 of such school, and to account for the same ; 
 
 (c) To disburse all moneys in the manner directed by a ma- 
 
 jority of the trustees ; 
 
 (d) To produce, when called for by the trustees, auditors or 
 
 other competent authority, all papers and moneys be- 
 longing to the corporation ; 
 
 (e) To call at the request, in writing, of two trustees, a special 
 
 meeting^ of the board of trustees. 
 
 3. Notice of all meetings shall be given by the secretary to 
 each of the trustees, or by any one of the trustees to the others, by 
 notifying them personally, or in writing, or by sending a written 
 notice to their residences. 
 
 4. No act or proceeding of a rural school corporation which is 
 not adopted at a regular or special meeting of the trustees, shall 
 be valid or binding on any person affected thereby, unless proper 
 notice has been given, and unless at least two trustees are present. 
 
 5. Every board of rural school trustees shall annually, on or 
 before the first day of December, appoint an auditor, and in case of 
 neglect to do so, or in case an auditor refuses or is unable to act, 
 
 \^;i 
 
107 
 
 then the Minister of Education may (at the requee t in writing of any 
 five supporters of such rural school) make an appointment. 
 
 6. It shall be the duty of the trustees or their secretary- treasurer 
 to lay all their accounts before the auditors of the school, or either 
 of them, together with all documents and books in their possession, 
 and such trustees or their secretary-treasurer, shall afford to the 
 auditors all the information in their or his power as to the receipts 
 and expenditure? of school moneys. 
 
 7. The trustees shall appoint the place of each annual school 
 meeting for which they are the trustees ; and the time and place of 
 a special meeting of the same for (1) the filling up of any vacancy or 
 vacancies in the trustee corporation occasioned by death or other 
 cause ; (2) for the selection of a new school site ; (3) the appoint- 
 ment of a school auditor ; or (4) any other lawful school purpose, 
 and to cause notices of the time and plac*. for such meetings to be 
 posted in three or more public places of the neighborhood in which 
 the school is situate, at 'east six days before such meeting. 
 
 8. The trustees shall provide adequate, accommodation and a 
 legally qualified teacher or teachers, for all children between the 
 ages of five and tv7enty-one years belonging to the supporters of 
 their school. 
 
 9. Every such board may apply to the township council at or 
 before its meeting in August, for the levying and collecting by rate, 
 all sums required for school purposes from the supporters of such 
 separate school. 
 
 10. The trustees shall arrange for the payment of teachers' 
 salaries quarterly, and if necessary, borrow on their promissory 
 note, under the seal of the corporation, at interest not exceeding 
 eight per cent, per annum, such moneys as may be required for 
 that purpose, until the taxes imposed therefor are collected. 
 
 11. The trustees shall keep uhe school-house, furniture, out- 
 builf^ings and enclosure^ in proper repair, and where there is no 
 Miitable school-house or where two or more school-houses are re- 
 quired, build or rent a house or houses and keep such house or 
 houses, its or their furniture, outbuildings and enclosures in proper 
 repair. 
 
 12. The trustees shall give notice in writing, before the 15tht 
 day of January in each year, to the Education Department, of the 
 names and poLt-office addresses of the several trustees then in office, 
 and of the teachers employed by them, and give reasonable notice 
 in writing, from time to time, of any changes therein. 
 
 13. The trustees may exempt, in their discretion, from the pay- 
 ment of school rates, wholly or in part, any indigent persons ; notice 
 of such exemption, when the school rate is collected by the munici- 
 pality, shall be given by the trustees to the clerk of the municipality, 
 on or before the Ist day of August. 
 
JT^Wi 
 
 •I 
 
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 4 
 
 
 108 
 
 14. The trustees may dismiss from the school any pupil who 
 shall be adjudged refactory by the trustees and the teacher, and 
 where practicable, remove such pupil to an industrial school. 
 
 15. Every board of trustees shall take possession and have the 
 •custody and safe keeping of all school property which has been 
 acquired or given for school purposes ; and may acquire and hold as 
 a corporation, by any itle, land or other property given or acquired 
 by the board at any time for school purposes, and shall hold or apply 
 the same, according to the terms on which the same were acquired 
 or received ; and may dispose of any school site or school property 
 not required by them, and convey the same under their corporate 
 seal, and apply the proceeds thereof to their lawful school purposes, 
 or as directed by this Act. 
 
 16. Such trustees shall visit, from time to time, every school 
 under their charge, and see that it is conducted according to law 
 and the authorized regulations, and shall provide school registers 
 and a visitors' book, in the form prescribed by the Education Depart- 
 ment. 
 
 17. The trustees shall cause to be. prepared and read at the 
 annual meeting a report for the year then ending, containing, 
 among other things, a summary of their proceedings during the 
 year, together with a full and detailed account of the receipts and 
 expenditure of all school moneys received and expended in behalf of 
 the school, and signed by the trustees, and by eith'jr or both of the 
 school auditors. 
 
 18. The trustees shall transmit to the Education Department 
 the semi-annual returns on or before the 30tli day of June and 31st 
 day of December respectively, and the annual return on or before the 
 15th day of January in each year, according to the forms prescribed 
 by the Education Department. 
 
 29. — (I) It shall be lawful for the majority of the school sup- 
 porters in each separate school section, whether in the same or 
 adjoining municipalities, at a public meeting duly called by the 
 separate school trustees of each such section, to form the sections in- 
 to a separate school union section, of which union of sections the 
 trustees shall give notice within fifteen days to the clerk and clerks 
 of the municipality or municipalities and to the Minister of Educa- 
 tion ; and every separate school union section thus formed, shall be 
 deemed one section for all Roman Catholic separate school purposes, 
 and shall every year thereafter be represented by three trustees, to 
 be ejected as provided in section 27. 
 
 2. The said trustees shall form a body corporate, under the 
 the title of " The Board of Trustees of the Roman Catholic United 
 Separate Schools for the United Sections Nos. (as the 
 
 case may be) in the (as the case may ie)." 
 
 30. Where in any city, town or incorporated village, a sep- 
 arate school is now or may hereafter be established, the following 
 provisions shall apply : 
 
 It 
 
109 
 
 who 
 and 
 
 1. For every ward into which any city, town or incorporated 
 village is divided there shall be two school trustees, each of whom 
 after the first election of trustees, shall continue in office for two- 
 years, and until his successor has been elected. 
 
 2. One of the trustees in each ward (to be determined by lot at 
 the first meeting- of trustees aud be entered upon the minutes) shall 
 retire from office at the time appointed for the next annual school 
 election, and the other shall continue in office one year longer and 
 then retire. 
 
 3. In every incorporated village not divided into wards there 
 shall be six trustees, each of whom, after the first election for trus- 
 tees, shall continue in office for two years and until his successor 
 has been elected. 
 
 4. Three of the trustees (to be determined by lot at the ilrst 
 meeting of trustees to be entered upon the minutes) shall retire from 
 office at the time appointed for the next annual school election, and 
 the other three shall continue in office one year longer and then 
 retire. 
 
 5. Every trustee shall continue in office until his successor has 
 been elected. 
 
 31. The annual and other meetings of urban school supporters,, 
 and meetings for the election of trustees and the annual and other 
 meetings of urban shool trustees, shall conform to and be subject to 
 the following provisions : 
 
 1. A meeting of the supporters of every urban school for the 
 nomination of candidates for the office of school trustee, shall take 
 plac3 at noon on the last Wednesday in December, annually, or if a 
 holiday on the day following at such place as Biiall be fixed by 
 resolution of the separate school board, and in municipalities divid- 
 ed into wards, in each ward thereof, as the board thinks fit. 
 
 2. The trustees of such urban school shall by resolution name 
 the returning officers to preside at the meetings for the nomination 
 of candidates, and in case of the absence of such officer, the chair- 
 man chosen by the meeting shall preside, and the trustees shall 
 give at least six days' notice. 
 
 3. If at the meeting only the necessary number of candidates to 
 fill the vacant offices are proposed and seconded, the returning^ 
 officer or person presiding, after the lapse of one hour, shall declare 
 such candidates duly elected, and shall notify the secretary of the 
 urban school board ; but if two or more candidates are proposed for 
 any one office, and a poll is demanded by any candidate or urban 
 school supporter, the returning officer or chairman shall adjourn the 
 proceedings until the first Wednesday in January then next, when 
 a poll or polls shall be opened at such place or places, and in each 
 ward, where such exist, as determined by resolution of sa,!'' trustees. 
 
 4. The poll or polls shall be opened at the hour of ten of the 
 clock in the forenoon, and shall continue open until four o'clock in 
 
110 
 
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 li'l 
 
 Mil i> 
 
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 111 
 
 ni! 
 
 I In; 
 
 the afternoon, and no longer, and a poll may close at any time after 
 eleven o'clock in the forenoon, when a full hour has elapsed without 
 any vote having been polled. 
 
 5. The; urban school board shall, before the second Wednesday 
 in December in each year, by resolution, fix the place or places for 
 the nomination meeting, and also for holdiug the eletcion in case of 
 a poll, and also name the returning officer who shall preside at the 
 respective polling places, and forthv/^ith give public notice thereof. 
 
 6. The returning officer or person presiding shall, on the day 
 after the close of ^ "i election, return the poll book to the secretary- 
 treasurer of the urban school board with ^'s solemn declaration 
 thereto annexed, that the poll book has been correctly kfjpt and 
 contains a true record of the votes given at the polling place for 
 which he was returning officer. 
 
 7. The secretary-treasurer shall add up the number of votes 
 for each candidate for any office, and shall declare elected the candi- 
 date or candidates having the highest number of votes ; and a ma- 
 jority in number of the trustees remainig in office shall be a quorum 
 ior the foregoing purposes. 
 
 8. In case two or more candidates have an eciual number of 
 votes, the member of the board present who is assessed highest as a 
 supporter of the urban school on the last revised assessment roll 
 shall, at the time of declaring the result of the poll, give a vote for 
 one or more such candidates, so as to decide the election. 
 
 9. The judge of the county court, in case any complaint respect- 
 ing the election of any trustee of an urban school board within his 
 county, is made to him within twenty days after such election, shall 
 investigate such complaint, and within a reasonable time, in a sum- 
 mary manner determine the same ; and may by order cause all the 
 rolls, poll books, and any other records of the election, also any 
 person or persons to be brought before him, and may enquire into 
 the facts on affidavit or affirmation, or by oral testimony, and may 
 confirm the said election or set it aside, or declare that some other 
 candidate was duly elected ; and the Judge may order the person 
 found elected to be removed, and any other person elected to be 
 admitted ; and in case the Judge finds that no other person was 
 elected he shall order a new election, and shall report such decision 
 to the secretary-treasurer of the urban school board. 
 
 10. In case of a vacancy in the office of trustee of any urban 
 school board arising from any cause, the remaining trustees shall 
 forthwith take steps to hold a new election to fill the vacancy so 
 created, and the person thereupon elected shall hold his seat for the 
 residue of the term for which his predecessor was elected, or for 
 which the office is filled. 
 
 11. The new election shall be conducted in the same manner 
 and be subject to the same provisions as an annual election, and the 
 urban school board shall give at least six days' notice of the nomina- 
 
 I 
 
Ill 
 
 urban 
 
 js shall 
 
 iiicy so 
 
 for the 
 
 or for 
 
 tion of candidates, and in case a poll be demanded, the election shall 
 be held one week from the day of said nomination. 
 
 12. The voting for the election of trustees and other urban 
 school purposes shall be by open vote, save and except as provided ' 
 by section 31 a. 
 
 13. In cities and towns divided into wards, the clerk of the 
 municipality shall furnish to the separate school board, within three 
 days after request in writing, " the voters' list " for each ward of 
 such municipality, annexing thereto a list of Catholic separate 
 school supporters and also a list of income voters, alphabetically 
 arranged, rated upon the then last revised assessment roll, and not 
 being upon " the voters' list." 
 
 14. In towns not divided into wards and villages, the clerk of 
 the municipality shall furnish to the urban school board within three 
 days after reciuest in writing, " the voters' list " for each polling 
 subdivision in case of such town or village, as provided by the last 
 preceding sub section. 
 
 15. The urban shool board shall provide every polling place 
 with the list aforesaid, and also a poll book ; and at every election 
 at which a poll is demanded, the returning officer or person pre- 
 siding, or his sworn poll clerk, shall enter in such book in separate 
 columns the names of the candidates proposed and seconded at the 
 nomination, and shall, opposite to such columns, write the names of 
 the urban school supporters offering to vote at the election, and shall, 
 in each column on which is entered the name of a candidate voted 
 for, set the figure " I" opposite the supporter's name, with his resi- 
 dence, and in case of a poll demanded upon any urban school ques- 
 tion, the name of each such school supporter shall be similarly placed 
 in separate columns, marked " for " or "against." 
 
 (a) In case any objection is taken to the right of any person 
 to vote at any meeting of the supporters of an urban 
 school, the chairman of the meeting or other officer 
 presiding shall require the person whose right to vote 
 is objected to, to take the declaration mentioned in 
 sub-section 7 of section 27. 
 
 16. It shall be the duty of the board to call and give notice of 
 annual and special school meetings of urban school supporters of the 
 city, town or village, or of any ward therein, for filling vacancies in 
 the school trustee corporation, or for any other purpose, in the man- 
 ner prescribed by this Act. 
 
 17. When any supporter of an urban school resides without the 
 municipality in which the school is situate, he shall be entitled to 
 vote in that ward or division of the municipality in which the 
 school house is situate which is nearest to his place of residence. 
 
 18. The election of trustees for any urban school shall become 
 void unless a separate school is established under their management 
 within three months from the election of such trustees. 
 
112 
 
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 u 
 
 (II 3 
 
 hi! i 
 
 
 i 
 
 I 
 
 
 li 
 
 11). At the first meeting in eacli year of every urban school 
 board, the secretary shall preside, or if there be no secretary, the 
 members present shall select one of themselves to preside at the 
 election of chairman, and the member so selected to pres de may 
 vote as a member. 
 
 20. In case of an equality of votes at the election of chairman 
 of such board, the member who is assessed as a separate school sup- 
 porter for the largest sum on the last revised assessment roll shall 
 have a second or casting vote in addition to his vote as a member, 
 
 21. Subsequent meetings of the board shall be held at such 
 times and places as may, from time to time, be fixed by resolution 
 of the hoard. 
 
 22. The chairman of the board shall preside, or in his absence 
 any other person appointed to act as chairman by the majority of 
 those present, and the chairman, or person so acting, may vote with 
 the other members on all que? ♦•ions, and any question on which there 
 is an equality of votes shall be deemed to be negatived. 
 
 23. A majority of the members of the board, when present at 
 any meeting, shall constitute a quorum, and the vote of the majority 
 of the quorum shall be valid to bind the corporation. 
 
 31«. In cities, towns and villages, the board may require that 
 in case of a poll the election shall be by ballot, and shall continue to 
 be so held for three years, when it may be discontinued, when 
 Section .31 shall again apply for three years. See 57 Vic. chap. 59 
 for proceedings at elections. 
 
 32. It shall be the duty of the board of trustees of every urban 
 school : 
 
 1. To appoint a secretary and treasurer, or secretary-treasurer, 
 and one or more collectors, if requisite, for such school fees or rate- 
 bills as the board may have authority to charge ; 
 
 (a) The collector or collectors, and secretary, and treas- 
 urer, or secretary-treasurer (who may be of their own 
 number), shall discharge similar duties, and be subject 
 to similar obligations and penalties, and have eimilar 
 powers as the like officers in the municipality ; 
 
 2. To provide accommodation, according to the regulations of 
 the Education Department, for all the children of separate school 
 supporters between the ages of five and twenty one, resident in the 
 ward, village or town, as the case may be, as ascertained by the 
 census taken by the municipal council for the next preceding year ; 
 
 3. To purchase or rent school sites or premises, and to build, 
 repair, furnish and keep in order the school-houses and appendages, 
 lauds, enclosures, and movable property, and procure registers 
 in the prescribed form, suitable maps, apparatus and prize books, 
 and, if they deem it expedient, establish and maintain school 
 libraries; 
 
 ■f 
 
113 
 
 4. To determine the number, kind, jj-rade and description of 
 schools (such as male, female, infant, central or ward schools) to lie 
 established and maintained ; the teachers to be employed, the terms 
 on which they are to be employed, the amount of their remunera- 
 tion, and the duties wliich they are to {H-rform ; 
 
 5. To prepare from time to time, and lay before the municipal 
 council of the city, town or villag-e, on or before the first day of 
 August, an estimate of the sums which they think requisite for all 
 necessary expenses of the schools under their charge ; 
 
 t). To appoint of their number annually, or oftener if they judg(! 
 it expedient, and under such regulations as they think proper, a 
 committee of not more than three persons for the special charge, 
 oversight and management of each school within the city, town or 
 village, and to see that all the schools under their charge are con- 
 ducted according to the authorized regulations ; 
 
 7. To collect, at their discretion, from the parents or guardians 
 of children attending any urban school under their charge, a sum 
 not exceeding twenty cents per month per pupil, to defray the costs 
 of text-books, stationery and other contingencies, and to see that all 
 the pupils in the schools are duly supplied with a uniform series of 
 text-books ; 
 
 8. To give orders on the treasurer of the separate school board 
 for all moneys expended for school purposes. 
 
 9. To prepare and transmit annually, before the fifteenth of 
 January, to the Minister of Education, in the form prescribed by 
 him, a report, signed by the chairman, containing all information 
 required by the regulations of the Education Department. 
 
 33. All agreements between trustees and teachers, to be valid 
 and binding, shall be in writing, signed by the parties thereto, and 
 sealed with the corporate seal of the trustees, and such agreements 
 may lawfully include any stipulation to provide the teacher with 
 board and lodging. 
 
 34. It shall oe the duty of every teacher of a separate school: — 
 
 1. To teach diligently and faithfully all the branches required 
 to be taught in the school, according to the term of his engagement 
 w^ith the trustees, and according to the provisions of this Act, and 
 the regulations of the Education Department ; 
 
 2. To keep in the prescribed form the general, entrance and 
 the laily class, or other regist^ers of the school, and to record therein 
 the admission, promotion, removal or otherwise of the pupils of the 
 school ; 
 
 3. To maintain proper order and discipline in his school, accord- 
 ing to the prescribed regulations ; 
 
 4. To keep a visitors' book ('which the trustees shall provide^, 
 and enter therein the visits made to his school, and to present the 
 book to every visitor, and request him to make therein any remarks 
 suggested by his visit ; 
 
 ? 
 
i 
 
 114 
 
 I ■ 
 
 hi 
 
 K:l 
 
 i 
 
 5. To ffive the trustees and visitors access at all times when 
 desired by them, to the registers and visitors' booli appertaining to 
 the school ; 
 
 0. To deliver up any school registers, visitors' book, school- 
 house key, or other school property in his {jossession, on the demand 
 or order of the majority of the trui^tees employing him ; 
 
 7. In case of his wilful refusal so to do he shall not be decuu'd a 
 qualified teacher until restitution is made, nnd shall also forfeit any 
 claim he ni;iv have against the trustees ; 
 
 H. To hold during each term a public examination of his school, 
 of which he shall give due notici; to the trustees of the school, to any 
 school visitors who reside in or adjacent to the school, and through 
 the pupils to their parents or guardiai.s ; 
 
 i>. To furnish to the I\Iinister of Education, or to the separate 
 school inspector, from the trustees' report or otherwise, any informa- 
 tion which it may be in his power to give respecting anything con- 
 nected witii the operations of his school, or in any wise affecting its 
 interest .; or character; 
 
 10. To pnjpare, so far as the school registers supply the infor- 
 mation, such reports of tlie corporation employing him as are requir- 
 ed by the regulations of the Education Department. 
 
 So. Every qualified teacher of a separate school, employed for 
 any period not less than three months, shall be entitled to be paid 
 his salary in the proportion which the number of teaching days dur- 
 ing which he has taught, bears to the whole number of teaching 
 days in the year. 
 
 36. All matters of differences between trustees and teachers, 
 in regard to salary or other remuneration, shall be brought and de- 
 cided in the Division Court by the Judge of the County Court in each 
 county, subject to an appeal as provided by this Act. 
 
 37. In pursuance of a judgment given by a County Judge in 
 a Division Court, under the authority of this Act, and not appealed 
 from, execution may issue to recover Avhat may be due of the amount 
 which the Judge may have decided the plaintiff entitled to in like 
 manner as on a judgment recorded in a Division Court for a debt, 
 together with all fees and expenses incidental to the issuing thereof. 
 
 38. In case of sickness, certified by a medical man, every 
 teacher shall be entitled to his salary during such sickness, for a 
 period not exceeding four weeks for the entire year; which period 
 may be increased at the pleasure of the trustees. 
 
 39. Every teacher shall be entitled to be paid at the rate men- 
 tioned in his agreement with the trustees, even after the expiration 
 of the period of his agreement, until the trustees pay him the whole 
 of his salary as teacher of the school, according to their engagement 
 with him, provided always that an action must be commenced within 
 three months after such salary is due and payable by the trustees. 
 
115 
 
 40, Kvery person paying- rates, wlio, by hiniHelf or his ag'cnt, 
 on or before thci lirst day of MarcU in any y(!ar, ^ives to the clerk of 
 the municipality notice in writinf? that he is a Roman Catholic, and 
 supporter ,of a separati; school, shall be exeni}»ted from the payment 
 of all rates imposed for the support of pul)lic schools, and of public 
 school libraries, or for the purchase of land or erection of buildings 
 for public school purposes, witliin tin; municipality or section in 
 which lu! resides, for the then current year, and every subsequent 
 year tiiereafter while he continues a supporter of a separate school ; 
 anil the notice shall not be requii'ed to be renewed annually. 
 
 1. Provided always that where the proitrietor or tenant was not, 
 on or before the first day of March in any year, a resident of the 
 municipality, or rated upon the assessment roll thereof, he becomes 
 such resident, and entitled to be rated on the assessment roll thereof 
 before the time for appealing from the assessment to the court of re- 
 vision, he shall be entitled to j;-ive the notice provided for by this 
 section at any time before the expiration of the said time for appeal- 
 ing, and a notice so given shall have the same effect as if given on 
 or before the first day of March of the year in which it shall be given. 
 
 2. The clerk of every municipality in which there is a separate 
 school shall, once in each year, upon the written reifuest of the 
 trustees of such sep;"'ate school, deliver to them a statement in writ- 
 ing, showing the names of all persons appearing upon the assessment 
 roll for the current year, who have given the notice required by 
 section 40 of the said Act, with the amount for which each person 
 has been rated upon the assessment roll. 
 
 4 1. Every cU^k of a municipality, upon receiving such notice, 
 shall deliver a certificate to the person giving the notice, to the 
 effect that the same has been given, and showing the date thereof. 
 
 42. Any person who fraudulently gives such notice, or wilfully 
 makes any false statement therein, shall not thereby secure any ex- 
 emption from rates, and shall be liable to a penalty of $40, recover- 
 able with costs before any Justice of the Peace at the suit of the 
 municipality interested. 
 
 43. Nothing in the last preceding three sections contained, 
 shall exempt any person from paying any rate for the support of 
 public schools or public school libraries, or for the erection of a 
 school house or school houses, imposed before the establishment of 
 the separate school. 
 
 44- Subject to the other provisions of this Act no person shall 
 be deemed a supporter of a separate school unless he resides within 
 three miles (in a direct line) of the site of the school house. 
 
 Any supporter of a separate school whose residence is within 
 three miles of two or more separate schools, shall, after the first day 
 of January, 1.G97, be ipso facto a supporter of the separate school 
 nearest to his place of residence, provided that nothing herein con- 
 tained shall affect the liabilities or obligations of any separate school 
 
il6 
 
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 t'tit 
 
 rii'i 
 
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 1 
 
 » 
 
 8up|)()rter for debts incurred by the school section of which he was 
 H supporter before the passing of this Act. — 18UI). 
 
 45. Wfjcin a supporter of a separate school resides witljout the 
 municipality in wlucli the school is situate, he shall bo entitled to 
 vote in the ward or division in which the school house nearest to 
 his place of residence is situate, if within the distance of three miles 
 in a direct line. 
 
 46. Any person, who, if resident in a municipality, would be 
 entitled to be a supporter of a separate school existing either there- 
 in or in any adjoining nranicipality, may, in giving notice under 
 section .'} of The Ann>'nntwnf Acf, that he is the owner of unoccupied 
 land situate in either of the said municipalities, reiiuire that all such 
 land as is situate either in the municipality wherein the separate 
 school is situate or within the distance of three miles in a direct line 
 of the site of the separate school shall be assessed for the purposes of 
 the separate school, and the proper assessor shall thereupon enter 
 such person in the assessment roll as a separate school supporter, 
 and the proper enterics in that behalf shall be made in the pre- 
 scribed column for separate school rates, and the land shall be 
 assessed accordingly for the purposes of the separate school and not 
 for public school purposes. 
 
 47. — (1) Any Roman Catholic who may desire to withdraw his 
 support from a separate school, shall give notice in writing to the 
 clerk of the municipality, before the second Wednesday in January 
 in any year, otherwise he shall be deemed a supporter of the 
 school. 
 
 (2) Bat any person who has withdrawn his support from a 
 Roman Catholic separate school shall not be exempted from paying 
 any rate for the support of separate schools or separate school 
 liabraries, or for the erection of a separate school house, imposed 
 before the time of his withdrawing such support from the separate 
 school. 
 
 48.- (I) The assessor or assessors of every municipality shall 
 in the ass ssment roll set down the religion of the person taxable, 
 distinguisning between Protestant and Roman Catholic, and whether 
 supporters of public or separate schools ; but nothing herein con- 
 tained shall be deemed to interfere with the rights of public school 
 trustees under The Public Schools Act. 
 
 (2) The assessor shall accept the statement of, or made on be- 
 half of, any ratepayer, that he is a Roman Catholic, as sufficient 
 evidence for placing such person in the proper column of the assess- 
 ment roll for separate school supporters, or if the assessor knows 
 personally any ratepayer to be a Roman Catholic, this shall also be 
 sufficient for placing him in such last mentioned column. 
 
 (3) The Court of Revision shall try and determine all com- 
 plaints in regard to persons in these particulars alleged to be 
 wrongfully placed upon or omitted from the roll (as the case may 
 
117 
 
 he), and any person so complaining, or any ratepayer of the muni- 
 cipality, may give notice in writing to tl>e clerk of the municipality 
 of such complaint, and the provisions of Thf AssiMsmrnt Act, in refer- 
 ence to giving notice of complaints against the assessment roll, and 
 proceedings for the trial thereof, shall likewise apply to all com- 
 plaints unuer this section of this Act. 
 
 49. The clerk of every municipality, in annually making out 
 the collectors roll, shall place columns therein, so that under the 
 head of " School Kate," the public school rate, may be distinguished 
 from the 8ei)arate school rate and also under "Special Kate for 
 School Debts," shall distinguish between public and se|);irate s mh'i 
 purposes, and the proceeds of any such rate shall be kept distin- 
 guished by the collector, and accounted for accordingly. 
 
 50. The clerk of any municipality, in which any separate 
 school section or part of a section is situate, shall, not later thjin the 
 1st day of December in each year, make out and transmit to the 
 county inspector a statement showing whether or not any county 
 rate for public school purposes has been placed upon the collector's 
 roll against supporters of separate schools, and if such rate has been 
 so placed upon the roll, giving a list of such 8up[)orters witl the 
 amount so rated against each, and the total amount rated. 
 
 51. In any case where under section 20 of 7%; A sscusynnif Act, 
 land is assessed against both the owner and occupant, or owner and 
 tenant, then the occupant or tenant shall be deemed and taken to 
 be the person primarily liable for the payment of school rates, and 
 for determining whether such rates shall be applied to public or 
 separate school purposes, and no agreement between the owner or 
 tenant as to the payment of taxes as between themselves shall be 
 allowed to alter or to affect this provision otherwise ; and in any 
 case where, as between the owner and tenant or occupant the owner 
 is not to pay taxes, if by the default of the tenant or occupant to pay 
 the same, the owner is compelled to pay such school rate, he may 
 direct the same to be applied to either public or separate school 
 purposes. 
 
 52. — (1) A company may, by notice given to the clerk of any 
 municipality wherein a separate school exists, require any part of 
 the real or personal property (if any) of such company, liable to 
 assessment, to be rated and assessed for the purposes of said 
 separate school, and the assessor shall enter said company as a 
 separate school supporter, but all other property of the company 
 shall be entered and assessed in the name of the company for public 
 school purposes. / 
 
 (4) Every such notice so given to such clerk shall remain with 
 and be kept by him on file in his ofiice, and shall be open to inspection 
 and examination by any person entitled to examine or inspect any 
 assessment roll, and the assessor shall examine all notices which 
 may be so on file in the clerks office, and shall conform thereto and 
 to the provisions of this Act. 
 
118 
 
 
 Jfrn 
 
 Mr 
 
 M s 
 
 Mil 
 
 (5) The word " company " in this section sliall mean and in- 
 clude any body corporate. 
 
 oH. — (1) The trustees of separate schools forming- a body cor- 
 porate shall have the power to levy and collect r;chool rates or sub- 
 scriptions, upon and from persons sending children to, or subscribing 
 t' wards the support of such schools, and shall, for the purpose of 
 coll'^cting the school rates or subscriptions, have all the powers in 
 respect of separate schools that the collectors of taxes in muni- 
 cipalities have and possess under the provisions of The Mnnicipal Act. 
 
 (2) If the collector appointed by the trustees of a separate school 
 is unable to collect any school rates, the trustees shall make a return 
 to the clerk of the municipality before the end of tho then current 
 year, of the parcels of land and the uncollected rates thei'con. 
 
 (3) The clerk of the municipality shall make a return to the 
 county, city, town or village treasurer of such lands, and the arrears 
 of separate scliool rates thereon. 
 
 (4) The arrears shall be collected and accounted for by the 
 treasurer in the same manner as the arrears cf other taxes. 
 
 (5) The municipality in which the separate school is situate, 
 shall make up the deficiency arising from uncollected rates on land 
 liable to assessment out of the general funds of the municipality. 
 
 54. The clerk or other officer of a municipality within or 
 adjoining which a separate school is established, having possession 
 of the assessor's or collector's roll, shall allow any one of the trustees 
 or their authorized collector to make a copy of tlie roll. 
 
 55. It shall be the duty of every municipal council, if requested 
 by the trustees of a separate school at or before the meeting of the 
 council in tho month of August in any year, to cause to be levied 
 and collected in each year, upon the taxable property liable to pay 
 the same, all sums of money for rates or taxes legally imposed there- 
 on in respect of separate schools, and the said rates, when collected, 
 shall within a reasonable time thereafter, and not later than the 
 fourteenth day of December in each year, be paid over to the 
 trustees, without any deduction whatever. 
 
 56- Any board of separate school trustees, and the council of 
 any municipality (three-fifths of whose members are not separate 
 school supporters), may enter into an agreement for a term of years, 
 that for each year of the said term, and at such times and in such 
 suras as may be agreed upon, there shall in lieu of ne amount to be 
 levied and collected, be paid by the municipality to the board a 
 fixed proportion of the total amount levied and collected for 
 both public and separate school purposes ; and if in any year the 
 rate of assessment for separate school purposes is not the same as 
 that levied for public school purposes, then the agreement shall not 
 be in force for such year. Any agreement made as aforesaid may 
 be determined at the end of any calendar year by giving six months' 
 notice by one of the parties to the other party. 
 
119 
 
 the 
 
 57. The inspector of public schools shall, before distributing- 
 the county rate among the public school sections, deduct the amount 
 certified to him by the clerk of any municipality in which any sep- 
 arate school section or part of a section is situate, according to the 
 list given by the clerk, of the supporters of separate schools against 
 whom the county rate for public school purposes has been placed and 
 rated, and shall give the trustees of the sei)arate school section an 
 order on the county treasurer or sub-treasuier for the amount so 
 placed and rated, and it shall be the duty of the treasurer or sub- 
 treasurer to pay over the same. 
 
 58. — (I) The trustees of a separate school shall have full power 
 as a body corporate to borrow money for school purposes, and to 
 make valid mortgages and other instruments for the security and 
 payment of such borrowed money, or of moneys payable or to be 
 paid for school sites, school buildings, or additions thereto, or the 
 repairs thereof, upon the school house property and premises, or any 
 utlior property vested in them, or upon the separate school rates, 
 and any ratepayer who was a separate school supporter at the time 
 when the loan was effected on the security of the said rates or pro- 
 perty shall, while resident within the section or municipality within 
 whicu the separate school is situate, continue to be liable for the rate 
 to oe levied for the repayment of the loan. 
 
 2. The principal money representing any sum so borrowed may 
 be made payable in annual or other instalments, with or without 
 interest, and the trustees, in addition to all other rates or moneys 
 which they may levy iu any one year, shall also have power 
 to levy and collect such further sum as may be requisite for paying 
 all money falling due, and the said sums shall be levied and col- 
 lected as other separate school rates may now be levied and collected. 
 
 3. The security for payment of money borrowed or payable for 
 school i)urposes may be made in the form of debentures ; and deben- 
 tures shall be a charge on the same property and rates aforesaid, as 
 in the case of mortgages thereof made by the trustees as in sub- 
 section 1 mentioned. 
 
 4. Every by-law of the trustees for the issue of such debentures 
 shall be sealed with the corporate seal of the board of trustees, and 
 shall be signed by the chairman and secretary of the board, and the 
 by-la V may be (luashed by api)lication to the High Court at Toronto, 
 in the saaie way as municipal by-laws may be (quashed. 
 
 5. The by-law shall name a day in the financial year in which 
 the same is passed when the by-law is to take effect, and shall state 
 the whole of the debt 4nd the obligations to be issued thereunder, 
 and shall make the same payable in thirty years at the furthest from 
 the day on which the by-law takes effect, and shall provide for in- 
 eluding thereafter in the yeariy separate school rate a sufficient sum 
 for the pji^yment of an amount sufticient to pay the yearly interest 
 during the currency of the debentures, and also a certain speciflc 
 
120 
 
 11 
 
 Mi 
 
 i; 
 
 sum to be realized annuiiliy for the payment of the principal, which 
 specific sum shall be sutftcient with the estimated interest on the in- 
 vestment thereof to discharge the debt when payable. 189fi. 
 
 6. Every such by-law, before being acted upon, shall be pub- 
 lished for at least three successive weeks in some public newspaper, 
 published weekly or oftener, in the city, town or county in which 
 the separate school is situate, and if no application to quash the by- 
 law shall be made for three months after the publication thereof as 
 aforesaid, the by-law shall be valid, notwithstanding any want of 
 substance or form in the by-law or in the time or manner of passing 
 the same. 
 
 7. No debenture issued under the by-law shall be for less than 
 8100. 
 
 For form of debenture. Sec. 50, V. c. 41, s. 1. 
 
 8. Nothing contained in the preceding five sub-sections shall 
 be deemed to declare or imply any construction of any statute or 
 of any provision thereof, passed prior to the twentieth day of April, 
 in ihe year 1887, or as declaring or imply in ,' "^^ he trustees had 
 not theretofore power to make and issue debentures for the security 
 and payment of money borrowed or payable for school purposes. 
 
 59. Every separate school shall be entitled to share in the 
 fund annually granted by the Legislature of this Province for the 
 support of public schools, and shall be entitled also to a share in all 
 other public grants, investments and allotments for public school 
 purposes now made or hereafter to be made by the Province or the 
 municipal authorities, according to the average number of pupils 
 attending the school during the twelve next preceding months, or 
 during the number of months which may have elapsed from the 
 establishment of a new separate school, as compared with the whole 
 average number of pupils attending school in the same city, town, 
 village or township. 
 
 60. Nothing herein contained shall entitle a si;. >" ^^ school 
 with.n any municipality, to any part or portion of "^e;: c' moneys 
 arising or accruing from local assessment for public scho»' ■ rposes 
 within the municipality or the county or union of counties within 
 which such municipality is situate. 
 
 61. The teachers of a separate school shall be subject to the 
 same examinations, and receive their certificates of qualification, in 
 the same manner as public school teachers generally ; tut the 
 persons qualified by law as teachers, either in the Province of 
 Ontario, or at the time of the passing of 2'he British North America 
 Act, in the Province of Quebec, shall be considered qualified teachers. 
 
 62. The trustees of every separate school shall, on or before 
 the thirtieth day of June and the thirty-first day of December of 
 every year, transmit to the Minister of Education a correct return 
 of the names of the children attending the school, together with the 
 average attendance during the next preceding six months, or during 
 
 V>: 4 
 
 'if. 
 
121 
 
 the time since the establishmert thereof, and the number of months 
 it has been kept open ; and the Minister shall pay oVer to the 
 trustees the amount ascertained to be payable. 
 
 63. The Minister of Education, all Judges, Members of the 
 Legislature, the heads of the municipal bodies in their respective 
 localities, the inspectors of public schools, and the clergymen of the 
 Roman Catholic Church, shall be visitors of separate schools. 
 
 64. The Roman Catholic separate Schools (with their registers) 
 shall be subject to such inspection as may be directed from time to 
 time by the Minister of Education, and shall be subject also to such 
 regulations as may be imposed from time to time by the Education 
 Department. 
 
 65. The Education Department may authorize a separate 
 school in any county to be constituted a model school for the train- 
 ing of teachers for separate schools, subject to the regulations of the 
 department, and where in any county such model school has been 
 established, or from the special circumstances of the separate schools- 
 therein, the Minister of Education should deem it expedient, he may 
 recommend for appointment by the Lieutenant-Governor in Council 
 some one competent person possessing qualifications prescribed by 
 the Education Department, to be a member of the county board of 
 examiners of such county in addition to the number now authorized, 
 and who shall possess and discharge the like powers and duties as- 
 the other members of the board. 
 
 66. In case of a separate school established under this Act in 
 any city, town, or incorporated village in which a high school is 
 established, it shall be lawful for the trustees of the separate school 
 to appoint any ratepayer (not one of themselves) as trustee of such 
 high school, provided always that in the case of a united high and 
 public school board such trustee shall not take any part in the pro- 
 ceedings of the board in regard to any matters affecting the public 
 school. 
 
 67. In the event of a disagreement between trustees of Roman 
 Catholic separate schools and inspectors of public schools, or other 
 municipal authorities, or in the event of a protest againsi the election 
 of a rural school trustee, or other proceedings of a rural school meet- 
 ing, made in writing and signed by five supporters of the separate 
 school concerned, the case in dispute shall be referred to the arbitra- 
 ment of the Minister of Education, subject to appeal to the Lieu- 
 tenant-Governor in Council, whose award shall be final in all casesx 
 
 SUPERANNUATION. 
 
 68. Every teacher or inspector whose name is entered as- 
 having paid into the fund for the support of superannuated teachers, 
 may contribute to such fund in such manner as may be prescribed! 
 by the Education Department, the sum of at least |4 annually. 
 
Il .li 
 
 
 122 
 
 69. On the decease of any teacher or inspector, his wife, her 
 husband, or legal representative, shall be entitled to receive back 
 the full amount paid into the supciiannuation fund by such teacher 
 or inspector, with interest at the rate of seven per cent, per annum. 
 
 70. — (I) Every teacher or inspector who, while engaged in 
 his profession, contributed to the superannuated teachers' fund as 
 provided by this Act, shall on reaching the age of sixty years be 
 entitled to retire from the profession at his discretion, and receive 
 ^n allowance or pension at the rate of $0 per annum, for every year 
 of such service in Ontario, upon furnishing to the Education Depart- 
 ment satisfactory evidence of good moral character, of his age, and 
 of the length of his service as teacher or inspector. 
 
 (2) Every pension payable under this Act may be supplemented 
 out of local funds by any municipal council, public school board or 
 board of education, at its pleasure. 
 
 (3) To remove doubts, nothing in this section contained, shall 
 •be held as applying to any person who, prior to 1871, had ceased to 
 be engaged in his profession as teacher, and has not heretofore con- 
 tributed to the said fund. 
 
 7 1 . Every teacher or inspector under sixty years of age who 
 "has contributed as aforesaid, and who is disabled from, practicing 
 his profession, shall be entitled to a like pension, or local supplemen- 
 tary allowance, upon furnishing the like evidence, and by furnish- 
 ing to the Education Department from time to time, in additioii 
 thereto, satisfactory evidence of his being disabled. 
 
 72. Every teacher entitled to receive an allowance from the 
 superannuated teachers' fund, who holds a first or second class 
 provincial certificate, or a first-class county board certificate, or 
 who is an authorized head master of a high school or collegiate 
 institute, shall in addition to the said allowance or pension be 
 entitled to receive a further allowance at the rate of $1 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. 
 
 73. The retiring allowance shall cease at the close of the year 
 of the death of the recipient, and may be discontinued at any time 
 should the pensioned teacher fail io maintain a good moral character, 
 to be vouched for (when requested) to the satisfaction of the Educa- 
 tion Department. 
 
 74. 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 sus- 
 pended from the time of his being so engaged. 
 
 75. In case any pensioned teacher or inspector is again placed 
 on the superannuation list, a pension for the additional time of 
 service shall be allowed him, t)n his compliance with this Act, and 
 regulations of the Education Department. 
 
123 
 
 v» 
 
 76. Any teacher or inspector who, having- resumed his pro- 
 fession, draws or continues to draw upon the superannuation fund 
 for any part of liis allowance as a superanuated teacher shall forfeit 
 all claim to the fund, and his name shall be struck off the list of 
 superannuated teachers. 
 
 77. In the case of those teachers or inspectors who may not 
 avail themselves of the provisions of sections 68 or 78 the provisions 
 of 69 to 78 shall apply so far as relates to all sums of money already 
 paid into the fund for the support of superannuated teachers. 
 
 78. Any teacher who retires from the profession, or any teacher 
 or inspector who desires to remove his name from the list of con- 
 tributors to the superannuated teachers' fund, shall be entitled to 
 receive baclc from the Minister of Education one-half of any sums 
 paid in by him or her to tiie fund, through the puldic school inspec- 
 tor or otherwise. 
 
 79. — 1. The teaching year shall consist of two terms: in town- 
 ships the first term shall begin on the third Monday of August, and 
 end on the 2'2nd day of December; the second term shall begin on 
 the third day of January, and end on the 30th day of June. 
 
 2. In cities, towns and incorporated villages, the first terra 
 shall begin on tlie first day of September and end on the 22nd day 
 of December; the second term shall begin on the 3rd day of Janu- 
 ary, and end on the 30th day of June. 
 
 3. Every Saturday, every public holiday, the week following 
 Easter Sunday, and every day proclaimed a holiday by the authori- 
 ties of the municipality in which the teacher is engaged shall be a 
 holiday in separate schools 
 
 4. In the territorial districts the trustees of any rural school 
 may allot the time herein allowed for holidays at Easter and raid- 
 summer to suit the convenience of pupils and teachers, provided 
 always that the same number of holidays be allowed and in periods 
 of the same duration as herein set forth. 18D6.- 
 
 80 Any person making a false declaration of his right to vote 
 at any school meeting or election, upon complaint of any person, 
 shall he punisliable by a fine of not less than $5 nor more than ^10, 
 or iniprisonraent, to be recovered with costs before a Justice of the 
 Peace for the use of the school section. 
 
 81 . No trustee of a separate school shall hold the ofiHce of sep- 
 arate; school inspector, or be a master or teacher in the separate 
 school of which he is a trustee; nor shall the master or teacher of 
 any public, high or separate school hold theoftice of trustee of a sep- 
 arate school, nor shall an inspector be a teacher or trustee of any 
 separate school while he holds the oftice of inspector. 
 
 82. Any trustee who is convicted of any felony or misde- 
 meanor, or becomes insane, or who absents himself frora the meet- 
 ings of the board for three consecutive months without being author- 
 ized by resolution entered upon its minutes, or ceases to be a resident 
 
124 
 
 i 
 
 within tlie school municipality for which he is a trustee, shall 
 vacate his seat, and the remaining trustees shall declare his seat 
 vacant, and forthwith order a new election. 
 
 83. Any trustee who has any contract, in his own name or the 
 name of another, with the corporation of Avhich he is a member, or 
 who receives any compensation for any work on behalf of such cor- 
 poration, shall ipso fucU) vacate his seat, and such contract shall be 
 void, and the remaining trustees, or a majority of them, shall declare 
 the seat vacant, and forthwith order a new election. 
 
 84. Any person who wilfully disturbs the proceedings of any 
 school meeting authorized to be held, or any person who wilfully in- 
 terrupts or dis(iuiets any separate school established and conducted 
 under its authority, or other school, by rude behaviour, or by making 
 a noise within the place Avhere such school is held, or so near as to 
 disturb the order or exercises of the school, shall for each offence, on 
 conviction thereof before a Justice of the Peace, on the oath of one 
 creditable witness, forfeit and pay for the purposes of such school a 
 sum not exceeding $20. 
 
 85. If a person chosen as trustee refuses to serve, he shall 
 forfeit the sum of $5, 
 
 86. Every person so chosen who has not refused to accept the 
 office, and who at any time refuses or neglects to perform its duties, 
 shpll forfeit the sum of $20, to be sued for and recovered before a 
 Justice of the Peace, by the trustees of the school section, or by any 
 person whatsoever for its use. 
 
 87. If the trustees of a separate school wilfully neglect or re- 
 fuse ro exercise all the corporate powers vested in them for th<^ 
 fulfilment of any contract or agreement made by them, any trustee 
 or trustees so neglecting or refusing to exercise such power shall be 
 held to be personally responsible for the fulfilment of such contract 
 or agreement. 
 
 88. If the trustees of a separate school refuse or neglect to take 
 proper eecurity from the secretary-treasurer, or other person to 
 whom they entrust school moneys, they shall be held personally re- 
 sponsible for the moneys. 
 
 89. If any part of the separate school fund or moneys is 
 embezzled or lost, through the dishonesty or faithlessness of any 
 trustee, secretary-treasurer or other person to whom it has been 
 entrusted, and proper security against the loss has not been taken, 
 the person or persons whose duty it was to have exacted the secur- 
 ity shall be personally responsible for the sums so embezzled or lostj 
 and such sums may be recovered from him or them, by the person 
 entitled to receive the same, by action in any Court having jurisdic- 
 tion to the amount, or by information at the suit of the Crown. 
 
 90. — (1) Every secretary-treasurer, trustee or other person 
 who may have in his possession any property belonging to a school 
 section, shall deliver up, or pay over the same, and in a manner 
 
 v> 
 
 •f 
 
125 
 
 vi 
 
 r 
 
 directed by a majority of the trustees then in office, or by other 
 competent authority ; and in default tt> deliver up or account for, 
 shall be punishable, as provided in the following three sections of 
 this Act. 
 
 (2) Upon application to the Judge of the County Court, by a 
 majority of the trustees, or by any two supporters of the separate 
 school, supported by their afrtdavit made before some Justice of the 
 Peace, of such wrongful with-holding or refusal, the Judge shall 
 make an order that such secretary-treasurer or person having been 
 such secretary-treasurer or trustee or other person, do appear before 
 him, at a time and place to be appointed in he order. 
 
 (3) Any baliff of a Division Court, upon being required by the 
 Judge, shall serve the order personally on the person complained 
 against, or leave the same with a grown-up person at his residence. 
 
 1)1. At the time and place so appointed, the judge being satis- 
 fied that service has been made, shall, in a summary manner, and 
 whether the person complained of does or does not appear, hear the 
 complaint, and if he is of opinion that the complaint is well founded, 
 the Judge shall order the person complained of to deliver up, account 
 for, and pay over the books, papers, chattels or moneys as aforesaid, 
 by a certain day to be named by the Judge in the order, together 
 with such reasonable costs incurred in making the application as the 
 Judge may rax. 
 
 92. In the event of a non-compliance with the terms specified 
 in the order, or any, or either of them, the Judge shall order such 
 person to be forwith arrested by the sheriff of any county in which 
 he may be found, and to be committed to the common goal of his 
 county, there to remain without bail until the Judge is satisfied that 
 the person has delivered up, accounted for, or paid over the books, 
 papers, chattels, or moneys in question, in the manner directed by 
 the majority of the trustees, or other competent authority, as afore- 
 said ; upon proof of his having so done, the Judge shall make an 
 order for his discharge and he shall be discharged accordingly. 
 
 93. No such proceeding shall impare or affect any other remedy 
 which the trustees, or other competent authority, may have against 
 any such person. 
 
 94. The trustees, or their secretary- treasurer in their behalf, 
 shall furnish the auditors with all papers or information in their 
 powtr, which may be required of them relative to their school 
 accounts, subject on default to fine or imprisonment, as provided by 
 this Act. 
 
 95. — (1) In case the trustees of a separate school neglect to 
 transmit to the Minister of Education, on or before the 30th day of 
 June, aud the 31st day of December in every year, a correct state- 
 ment of the average attendance of pupils i» each of the Echools 
 tindei their charge during the six months then immediately preced- 
 ing, the school section shall not be entitled to the apportionment 
 from the school fund for the said six months. 
 
126 
 
 I 
 
 f 
 
 ■•tI. 
 
 i' j 
 
 » • 1 
 
 1(1 ^ 
 
 (2) The trustees so neglecting shall he personally responsible for 
 the amount of the loss of such apportionment. 
 
 96. In case the trustees of a separate school neglect to prepare 
 and forward the aforesaid annual report to the Minister of Education 
 by the ISth day of January in every year, each of them shall, for 
 every week after such date, and until such report has been prepared 
 and presented, forfeit the sum of $5, to be .-^ued for by any sui)porter 
 of such separate school and collected and applied in the manner pro- 
 vided for by this Act. 
 
 97.— (1) If a trustee of a separate school knowingly signs a false 
 report, or if a teacher of a separate school keeps a false school 
 register, or makes a false return, with the view of obtaining a larger 
 sum than the just proportion of school moneys coming to such school 
 the trustee or teacher shall, for every offence, forfeit to the board 
 of separate school trustees for the purjtoses of the separate school 
 the sum of $20, for which any person whatever may prosecute him 
 before a Justice of the Peace, and the trustee or teacher may be 
 convicted on the oath of one credible witness other than the 
 prosecutor. 
 
 2. If upon conviction the penality is not forthwith paid, the same 
 shall, under the warrant of the Justice, be levied with costs by dis- 
 tress and sale of the goods and chattels of the offender. 
 
 .S. The penalty when so paid or collected, shall by the Justice 
 be paid over to the said separate school. 
 
 98. — 1. The trustees of every separate school shall be person- 
 ally responsible for the amount of any school moneys forfeited by or 
 lost to the school in conseciuence of neghjct of duty. 
 
 2. The amount thus forfeited or lost shall be collected and ap- 
 plied in the manner provided for by this Act. 
 
 99. — 1-. Unless it is in this Act otherwise provided, all fines, 
 penalties and forfeitures recoverable by sunvmary proceedings, may 
 be sued for, recovered and enforced with costs, by and before any 
 Police Magistrate or Justice of the Peace having jurisdiction within 
 the school section in which such fine or penalty has been incurred. 
 
 2. It the fine or penalty and costs are not forthwith paid, the 
 same shall, by and under the warrant of the convicting Justice, be 
 enforced, levied and collected with costs by distress and sale of the 
 goods and chattels of the offender, and shall be by the Police Magis- 
 trate or Justice paid over to the school treasurer of the separate 
 school, other party entitled thereto. 
 
 3. In default of such distress the Police Magistrate or Justice 
 shall, by his warrant, cause the offender to be imprisoned for any 
 time not exceeding thirty days, unless the line and costs, and the 
 reasonable expenses of endeavoring to collect the same are sooner 
 paid. 
 
 
 
 i 
 
127 
 
 1. The clerk of every municipality shall enter in a conveni- 
 ent index book, in alphabetical order, the name of every person whO' 
 has f^iven, or may hereafter give to him or any former clerk of the 
 municipality notice in writing- that such person is a Roman Oatholic 
 and a supporter of a separate school in or contiguous to the munici- 
 pality, and shall enter oi)posite to the name the date on which the 
 notice was received, also any notice by such person of withdrawal 
 from supporting a separate school, with the date of such withdrawal; 
 or any disallowance of the notice by the court of revision or county 
 judge, with the date of such disallowance. Such index book shall 
 be open to inspection by ratepayers. 
 
 2. The clerk shall enter in the SJ'me book all such notices here- 
 after from time to time received by i he clerk. 
 
 3. It shall be the duty of the clerk to file and carefully preserve 
 all such notices which have been heretofore received, or shall here- 
 after bo received. 
 
 2. In the case of a municipality in which there are supporters 
 of a Komnn Catholic separate school therein, or contiguous thereto, 
 there shall appear on the assessor's notice to every ratepayer, "You 
 are assessed as a separate school supporter," or "You are assesed as 
 a public school supporter," as the case may be. 
 
 3. Where the list reciuired by the first section of this Act is pre- 
 pared, the assessor is to be guided thereby in ascertaining who have 
 given the notices which are by law necessary, in order to entitle 
 supporters of Roman Catholic separate hools to exemption from the 
 public school tax. 
 
 4. The statement made under the second subsection of the 48th 
 section of The >Sepan(fe Mioo/k Art, the 120th section of 'fhe Piihlic 
 Schools Act or the fourteenth sub-section of The Astfegnr.ieitt Act, means, 
 and always has meant, a statement made to the assessor on behalf 
 of the ratepayer by his authority, and not otherwise. 
 
 5. In case after the final revision of the assessment roll, by 
 some mistake or inadvertence any ratepayers have been placed in 
 
 the wrong school tax column, either as supporters of separate 
 schools or supporters of public schools, it shall be competent for the 
 municipal council to correct such errors, by directing the amount of 
 the tax of such ratepayers to be paid to the proper school board. 
 But it shall not be competent for the council to reverse the decision 
 of the court of revision or the county court judge as to any ratepayer.. 
 
 2. In case of such action by a municipal council the ratepayer 
 shall be liable for the same amount of school tax as it he had in the 
 first instance been entered on the roll properly.