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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 liEVISED SCHOOL LAW OF 1885. THE LAW AND REGULATIONS RELATING TO PUBLIC SCHOOL TRUSTEES IN KURAL SECTIONS. AND TO PUBLIC SCHOOL TEACUEK8 AND OTHER SCHOOL OFFICERS. WITH EXTJJACTS FROM THE MUNICIPAL, ASSESSMENT, ;^M) OTHER STATUTES RELATINd TO THE SAME. ALSO DECISIONS OF THE SUPERIOR COURTS THEREON, DOWN TO THE I'RESENT YEAR. IIV J. GEORGE HODGINS, M.A.. LL.D., l>AKU18TKll-AT-t,AW, Deputy AHnisler of Education for Ontario. T O R O N T O : (JOPP, CLARK CO., 9 FRONT STREET WEST. 1885. ,"!■1■^.!^,'"^'■'■' "i«!«(«iiw.-''*i» '■"■.' "'isi'y 'i EEVISED SCHOOL LAW OF 1885. THE LAW AND REGULATIONS RELATING TO PUBLIC SCHOOL TRUSTEES IN RURAL SECTIONS, AND TO PUBLIC SCHOOL TEACHEES AND OTHER SCHOOL OFFICERS. WITH EXTRACTS FROM THE MUNICIPAL, ASSESSMENT, AND OTHER STATUTES RELATINO TO THE SAME. ALSO DECISIONS OF THE SUPERIOR COURTS THEREON, DOWN TO THE PRESENT YEAR. BY J. GEORGE HODGINS, M.A, LL.D., BARRISTER-AT-LAW, Deputy Minister of Education for Ontario. TORONTO : COPP, CLARK CO., 9 FRONT STREET WEST. 1 8 8 .5 . /, -' 1h Entered according to Act of the Parliament of Canada, in the year one thousaHil eight hundred and eighty-five, by JOHN GEORGE HODGINS, LL.D., Barrister-at-Law, in tlie Office of the Minister of Agr'culture. CONTENTS. Page L^ST OF Cases Decided hy the High Court of Justice v Prefatory Note. — Preliminary Remarks in Regard to the Office of Trustee 5 Chapter I. — The Office of Trustee 6 Chapter II. — Powers and Duties of Trustees 14 Chapter III. — Duties of a Secretary-Treasurer and Collector . . 24 Chapter IV. — The Law Relating to Non-Residents 31 Chapter V. — School Section Auditors — Accountability of Trus- tees 33 Chapter VI. — Public School Meetings 38 Chapter VII. — Selection of School Sites 54 Chapter VIII. — Compulsory Attendance of Absentee Children . . 54 Chapter IX. — Public School Teachers 56 Chapter X. — Superannuation of School Teachers 67 Chapter XI. — Relation of Inspectors to Public School Teachers 69 Chapter XII. — Schools in Unorganized Townships 72 Chapter XIII. — General Provisions of the Law, Applicable to all Schools 78 Chapter XIV.— -School Terms, Holidays and Vacations 81 Chapter XV. — County Model Schools 81 Chapter XVI. — Teachers' Institutes 82 Chapter XVII. — Teachers' Associations 82 Analytical Index 85 * LIST OF EIGHTY-SEVEN CASES AFFECTING PUBLIC SCHOOLS DECIDED BY THE HIGH COURT OF JUSTICE, ONTARIO, SINCE 1850, AND QUOTED IN THIS WORK. PAGE. Anderson v. Vansittart, S Q. B. 335 63 \nglin V. Minis, 18 C. P. 170 78 Applegarth v. Graham, 7 C. P. 1 71 77 Rerlin v. Grange, 5 C. P. 2H, and I E. & A. 279 78 Board of Education, In re, and Napanee, 29 Chy. 395 30 Birmingham v. Hungerford, 19 C, P. 41 1 65 Chief Superintendent, In re Kelly v. Hedges, 12 Q. B. 531 19 Chief Superintendent, In re McLean v. Farrell, 21 Q. B. 441 76 Chief Superintendent, In re Hogg v. Rogers, 15 C. P. 417 76 Chief Superintendent, In re Stark v. Montague, 14 Q. B. 473 3, 77 Chief Superintendent, In re Milne v. Sylvester, 18 Q. B. 538 64 Coleman v. Kerr, 27 Q. B. 5 78 Craig V. Rankin, 10 C. P. 186 76 Croupland v. Nottawasaga, 15 Chy. 339 54 Denison v. Henry, 17 Q. B. 276 77 Dunwich, Trustees of, v. McBeatty, 4 C. P. 228 15 Dunn V. School Board of Windsor, 3 C. L. T. 551 21 Farris v. Irwin, 10 C. P. Il6 »2 Fetterly v. Russell, 14 Q- B. 433 9 Forbes v. Trustees, 8 C. P. 73, 74 9. ^S. 20 Eraser v. Page, 18 Q. B. 336 77 Ferris v. Chesterfield, 10 C. P. 272, 6 L. J. 272 26 Foster v. Stokes, 2 O. R. 590 44 Gillies V. Wood, 13 Q. B, 357 77 Glen V. Grand Trunk Railway, 2 P. R. 377 4^ vi LIST OF CASES CITED. PAOK. Graham v. Ilungerford, 29 Q. B. 239 14 Grantliam v. Toronto, 2 Q. B. 475 77 Holcolm V. Shaw, 22 Q. B. 92 78 Hughes V. Pake et al., 25 Q. B. 95 n Hamilton, Trustees of, v. Neil, 28 Chy. 408 25, 65 Jarvis v. Cayley, 11 Q. B. 282 78 Johnson v. Trustees, 30 Q. B. 264 20 Joice, In re Lawrence, j 9 (J. B. 197 64 Keith V. Fenelon Falls, 3 O. R. 194 25 Kennedy v. Burness, 15 Q. B. 473 Ii Kennedy v. Hall, 7 C. P. 218 12 Kennedy v. Sandwich, 9 Q. B. 326 31 Lambiere v. Trustees South Cayuga, 7 A. R. 506 65 Lamont v. Trustees Aldboro', 5 U. C. L. J. 93 13 Lee V. Public School Board Toronto, 32 C. P. 78 13 McBride v. Gardham, 8 C. P. 296 78 McCormick, /« re, and Corporation Colchester South, i C. L. T. 215 .... Mclntyre v. McBean, 13 Q. B. 534 64 McMillan v. Rankin, 19 Q. B. 356 76 Marshall v. Trustees, 4 C. P. 373 19 Martin v. Kergan, 2 Pr. R. 370 48 Monaghan v. Ferguson, 3 Q. B. 484 20 Munson, 2n re, v, Collingwood, 9 C. P. 479 15 Morrison v. Arthur, 13 Q. B. 297 54 Ness V. Saltfleet, 13 Q. B. 408 54 Newberry v. Stephens, 16 Q. B. 65 76 Orr V. Ranney, 12 Q. B, 377 9, 15, 51 Oakland v. Proper, i O. R. 330 30 O'Leary, In re, and Blandford, 19 0- B. 556 31 O'Donohoe v. School Trustees, Thorah, 5 C. P. 297 64 Quin V. Trustees, 7 Q. B. 130 63, 64 Rabrais v. Trustees, 12 Chy. 115 20 Ranney v. Maclem, 9 C. P. 192 12 Regina v. Trustees Tyendinaga, 20 Q. B. 528 11 Regina v. Trustees, 3 P. R. 43 13 Regina, Ex rel,, Stewart v. Standish, 4 C. L. T. 392 .... 13 PAOE, 14 77 7S II ....25, 65 78 20 64 25 II 12 31 65 »3 13 78 215 ■■•• 64 76 19 48 20 15 54 54 76 ...9, 15. 51 30 31 64 63, 64 20 12 II 13 13 T,I8T OF OASES CITED. . Vll I'AdK. Ridsdale v. Krush, 22 Q. I). 122 77 Ryland v. King, 12 C. P. 198 52 School Trustees of Hamilton v. Neil, 28 Chy. 408 25, 30 School Trustees v. Hunter, 10 C. P. 359 75 School Trustees, In re, v. Casement, 1 7 Q. H. 275 77 School Trustees v. Caledon, 12 C. P. 301 160 School Trustees v. Farrell, 27 Q. B. 321, 5 L. J. 230 53 Scott V. Trustees, 21 C. P. 398 io Scott V. Trustees, 19 Q. B. 28 20 Secretary »>» .^'ar v. Toronto, 22 Q. B. 551 78 Smith V. Belleville, 16 Chy. 130 54 Si.i/v. Mumby, 11 C. P. 285 IS. >6, 76 Spry V. McKenzie, 18 Q. B. 161 . 75 Squire v. Mooney, 30 Q. B. 531 '8 Stephen, Trustees of, v. Mitchell, 29 Q. B. 382 . • 25 Tiernan v. Nepean, 15 Q. B. 87 77 Toronto v. McBride, 29 Q. B. 13 12 Trustees No. 2 Dunwich v. McBeatty, 4 C. P. 228 15 Trustees v. Mitchell, 29 Q. B. 382 25 Vanburen v. Bull, 19 Q- B. 633 12 Vance V. King, 21 Q. B. 187 48,5'. 52 Walsh V. Leahy, 18 C. P. 48 64 Williams v. Trustees, 7 C. P. 559 S> Wilson V. Thompson, 9 C. P. 364 13 Wyoming v. Bell, 24 Chy. 564 53 Wright V. Trustees of Stephen, 32 Q. B. 541 64 ' 1 €. PUBLIC SCHOOL LAW BELATINO TO TRUSTEES IN EURAL SECTIONS. PiJSSED IN 18S5. PRELIMINARY REMARKS IN REGARD TO THE OFFICE OF TRUSTEE. Note.— There are certain equitable pri.iciples which apply to the trustees and their office, (some of which do not arise under the School Law,) to which it is proper to refer in this place, as follows ■. — 1.— A Trustee defined. A trustee may be regarded as a person to whom money, or other property or valuables, is intrnsted to expend or manage, under certain rules or directions, for the use or benelit of another i)arty. 2.— What a Trustee is expected to do. lu the discharge of his duties, a trustee is req'iired to use the aiistomary care and diligence usually exercised by a man of ordinary l)rudence and vigilance in the management of his own affairs. 3.— Responsibilities of a Trustee. A trustee is responsible ; — {a) For his own acts, and for the acts of his colleagues done with his knowledge. (6) For all breaches of tmist, or default committed by himself, or by his colleagues, to which he is privy, or in which he expressly or tacitly acquiesces, or which would not have happened but for his own negligence, act or default. (c) {Under the School Law) a trustee is personally responsible for neglect of duty; refusal to r-t -'hen lawfully required to do so; neglect to take security iroin secretary-treasurer; or for loss of school money through his wilful act, negligence or carelessness in not keeping'tho school open; in not reporting to Inspector, and in not compelling the attendance of absentees. (School Act, sees. 221, 257, 258, 260, 261 and 271.) OFFICE OF TRUSTEE. [Chap. I. (d) (Under the School Law) trustees are responsible should they pay "compensation money or any part thereof," for a school site to a party not entitled to receive the sane — saving always their recourse against such party. (Ibid, sec. 79.) 4.— What a Trustee may do. He may, with the consent of his colleagues : (a) Defray out of the trust fund expenses legitimately and properly incurred. (b — Under the School Law) — Keceive remuneration as collector of school rates. (c — Under the School Law) — Receive payment for a school site. 5.— What a Trustee may not do. Unless allowed by Statute, or other authoritative direction, a trustee cannot lawfully : (a) Receive, even with the consent of his colleagues, any salary or remuuemtion for his services in the ca|;acity cf trustee. (6) Make any personal profit out of the trust. (c) Mix up trust money or accounts with his own private money or accounts. ((/ — Under the School Law) — Enter into a contract with, or have a pecuniary claim (except in the two instances mentioned above) on the corporation of which he is a member. (See School Act, sec. 253.) (e — Ibid.) — Act as bookseller's agent, or sell books, maps, apparatiis or other requisites to the school. (See School Act, sec. 272.) ■'i I i I CHAPT^lR I. THE OFFICE OF TRUSTEE. Section 1.— Who may be a Public School Trustee. Any "actual resident ratepayer" in a public school section, "and of the full age of twenty-one years, and not disqualified under this Act," may be elected a trustee of such section. (School Act, sec. 13. See (A) of this chapter, next page.) 2.— Who may not be a Public School Trustee. The law excludes the following persons from the office of school trustee : [Chap. I. liould they school site ways their id properly collector of lOol site. irection, a y salary or i^ate money th, or have I above) on t, sec. 253.) I, apparatus (2.) 96. jtion, "and under this Let, sec. 1 3. e of school Chap. I.] OFFICE OF TRUSTEE. 7 (a) A non-resident of the section, or school division. (School Act, sections 13 and 252.) (6) A resident, who is not an assessed ratepayer. (Ibid.) (c) An inspector of public schools. (Sec. 251.) ((/) A teacher in a high, public or se^jarate school. (Tbiil.) (e) Minors under twenty-one years of age. {Ibid. sec. 13.) 3.— The Office of School Trustee may ba vacated as follows : (a) Btj refusal to act, and payment oi five dollars as a penalty for such refusal, immediately after election to office. {Ibid. sec. 25 o.) (b) By resignation, with the consent in writing of his colleagues. {Ibid. sec. 25.) (c) Neglect to make Verbal Declaration. — On being fined five dollars by a magistrate for neglect, or refusal, to make a verbal declaration of officje before the chairman of the school meeting or a magistrate (or before the secretary of the meeting should the chairman be elected trustee), before entering on his duties. {Ibid. sees. 23 and 250.) {d) Neglect of Duty. — On being fined twenty dollars for neglecting or refusing to perform the duties of his office — not having, on his election (as in {a) above), refused to accept office, and having paid the prescribed penalty of^we dollars for such refusal. {Ibid. sec. 257.) (e) Removal. — By actual removal of domicile from the section. (/) Non-Residence. — By three consecutive months' absence from the meetings of the school corporation without being authorised by resolution entered upon the trustees' minute book. {Ibid. sec. 252.) {g) Outside the Boundaries. — On being i)laced outside of the section boundaries, by reason of an alteration in them. (See note to section G of this chapter.) (A) Conviction for any felony or misdemeanor, or becoming insane. {Ibid. sec. 252.) 4.— Verbal Declaration of Office required to be made. Within two weeks after his election, the new trustee is required to make the following verbal declaration of office, in presence of the chairman of the school meeting : — " I will truly and faithfully, to the best of my judgment and ability, discharge the duties of the office of school trustee, to which I have been elected." (School Act, sees. 23 and 250.) Note. — If the chairman himself be elected trustee, he should make the declaration of office before a magistrate, or the secretary of the school meeting. In the case of neglect or refusal to do so — in either case— the trustee-elect subjects himself to a fine of twenty dollars, to be recovered before a ma-^istrate, for the benefit of the section. Immediately on the imposition of this fine, the office u OFFICE OP THUSTEE. [Chtip. I. vacated, and a new election should be held ; but, in the meantime, the Iwua fide acts of the trustee who was fined, if he should perform any, are binding upon tlic section. (See stjction 3, and note to section 6 of this chapter.) 5.— Trustee's Three Tears' Term of Office. Every trustee holds office for three years, and until his successor is elected. This rule does not apply to the second and third tnistcc-s elected at a first school meeting in a section. One of these trustees (the second elected) holds office for two years, and the other (the third elected) holds it for one year, and in all cases until their respec- tive successors are api^ointed. {Ibid. sec. 30.) Note.— After serving his full term, a person cannot be compelled to act again as trustee until after the expiration of four years ; but he may, with his own consent, be re-elected on his going out of office. This privilege does not extend to a person Who declines to act as trustee, and pays the fine oi Jive dollars for non-service. Such a person may be electee! to fill the next succeeding vacancy, but may again decline to serve, on payment oi Jive dollars, as before. {IbiJ, sees. 26 and 256,) 6— Who are the Trustees of altered School Sections. That part of a divided or altered section, in which the school house of the section continues to be situated, is held to be the old or original section. The trustees who live in this old part remain the lawful trustees of the section, and only go out of office on the expiration of their term of service. Those only who, by the alteration of the sec- tion, are placed outside of the new boundaries — and thus become non-residents — cease to be trustees when the alteration takes effect (25th of December). (See (g) of sec. 3, page 7, also " Note" below.) Note. — As a general rule, it is scarcely worth while to anticipate the annual meeting, and elect a trustee or trustees in place of the one (or two) who may cease to hold office on the 25111 December, by reason of non-residence, caused by being placed outside the new boundaries, as explained above. The remaining trustee or trustees in tbe section (as weh as the secretary or inspector) cm give notice of the annual school meeting. Should, however, an election be held before the annual meeting, another election must be held at the annual meeting, on the first Wednesday in December, to fill up the usual vacancy caused by the retiring trustee. 7.— Liability of the original section for old debts. The Court of Common Pleas has decided that one or more altera- tions in the boundaries of a school section, or the change of owner- Ship of land in the section by many of the ratepayers originally liable, did not relieve the trustees of the i-esponsibility of paying a just debt due by the original section before any such alteration was made. (See decision (4), section 13, of chapter ii.) This general principle was also incorporated in the School Law of 1885, sec. 136, so far as loans made to the trustees of any section is concerned. The land in Ruch section at the time when the loan is effected continues liable for the debt until repaid, even should it in the meantime be placed outside •of tbe boundaries of the school section, by reason of their alteration. Clmp. I.] OFFICE OP TRUSTEE. 9 8.— Power of the Retiring Trustee at the Close of his Term. The restriction on the power of the " retiring trustee," at tlie close of his term of office, having been removed by the School Act, lie has now equal power and authority with either of his colleagues to per- form all lawful acts up to the day of his leaving office. 9.— Personal Liability of Trustees— How it arises. The personal responsibility of trustees arises in various ways, (under the School Act and Regulations), among others, as follows : (a) For neglect to keep open a school diu'ing the whole school year, to send in reports to the inspector, or to compel the attendance of absentees under the compulsoi'y clauses of the statute, and the consequent loss of any part of the school fund to the section. (See Sahool Act, sees. 221, 268 and 271, and (j) of this sec.) (6) For any loss incurred, in consequence of neglect to take security from their secretary-treasurer, collector, or otiier person entrusted with school moneys. (School Act, sec. 261.) Note. — This security should be lodged with the clerk of the township council. {3iJ, sec. 33.) (c) Neglect to transact trustee business, at trustee meetings duly called (of which each trustee must have due notice). (Ibid, sec. 36.) NoTK. — Trustees are, of course, free to converse at pleasure with each other, and informally to agree on any school business ; but all official acts must be agreed to at a meeting to which all the tmstees are summoned. (See Note to clause (5) section I, chapter iii.) Thus, if a verbal contract or agreement, without the knowledge of the other trustee, be made by two trustees with other parties acting in good faith, such agreement or understanding would necessarily bind the corporation, and not the individual trustees who entered into it, and it can be enforced against the corpora- tion. Thus a contract signed by two trustees, and sealed with the corporate seal, can be enforced against the corporation. This rule also applies to minor purchases and unimportant orders for work required to be done for the corporation, and involving an outlay. (See Fetterly v. Russell &" Cambridge (on simple contract debts), 14 Q. B. R. 433.) In such ca.ses trustees should authorize one of them- selves, or their secretary, to attend to such matters on their behalf. No trustee (as we have shown) can enter into a contract with the corporation of which he is a member, or have any pecuniary claim on it, except for a school site, or as col- lector of school rates, when duly appointed by his colleagues. No act of the school corporation requires the assent, or necessarily the presence, of each indivi- dual trustee. It is sufficient that each of the three trustees have been individually notified of the trustee meeting, and that a majo-ity of the three trustees thus notified concurs in the act itself. The following decisions of the Superior Courts sustain this view : — (I.) Tiuo School Trustees can enter intoa Contract as^^aitist t/ie wishes of a third,-^ The Court of Common Pleas has decided that a contract entered into by two trustees under the School Acts, with the corporate seal attached, is sufficient ; and a plea that it was signed by the two subscribing trustees without the consent or approbation of the third, was held to be bad. — Forbes v. Trustees No. 8, F'ytnpion, & C. P. R. 74. (2.) But two Trustees cannot act without consulting a third. — The Court of ,1 10 OFFICE OF TRUSTEE. [Chap. I. ■H Queen's Bench lias decided that two of the trustees of a school are not competent t J act in all ca'jes without consuitins,' a third, and giving him an opportunity at uniting in or opposing the acts of his colleagues. — Orr v. A'aiimy ct al., No. ij, Wistmiiislei: 12 Q. H. R. 377. (See other decisions of the courts, in section 13, chapter ii.) ((/) For wUful neglect or refusal " to exercise all the corporate " powers vested in them * * * for the fulfilment of any contract or " agreement made by them." (School Act, sec. 258. See also decisions in sec. 10 of this chap., and note to cl. (3) sec. 3 of chap, viii.) (fi) Declaration of Office — Duty. — For refusal or neglect to make the declaration of office, or to perform their lawful duties after having accepted office, a fine oifive or twenty dollars (as the ca.se may be) may be enforced by a magistrate. (See School Act, se( 1. 25U and 257, sec. 4 of this chapter, page 7.) (/) Note^ of Hand. — For all notes of hand which they may sign (not authorized by law.) The School Act, sec. 40, cl. (4.), author- izes trustees to give notes of hand for money to pay teachers' salaries. Note. — The signature of two or more trustees to notes of hand, and even the affixing to them ol the corporate seal, do not necessarily relieve individual trustees of personal responsibility in regard to them, or give to such notes a corporate cliaracter, unless they are given for loans raised with which to pay the teachei's salary. In that case they may be given, bearing not more than eight per cent. (See (f) above. The law, however, gives trustees ample powers at all times to procure by rate, imposed by the township council, such money as they may require. Trustees who desire to borrow money for the purchase of a site and the erection of a school house, can do so from the municipal council ; as provided by the 381st sec. of the Consolidated Municipal Act of 1883, 46 Vic, ch. 18). This section authorizes "any municipal corporation having surplus moneys set apart for educational purposes, by by-law, to invest the same in a loan or loans to any board or boards of school trustees within the limits of the municipality, for such term or terms, and at such rate or rates of interest as may be agreed upon by i-'. decisions of the Courts, section 3, chapter ii.) ((/) Unqvalified Teachers. — For the salary of teachers, or assists nts (employed by them), who do not po.sse.ss legal certificates of qualifica- tion during the whole period of their engagement. (See chapter ix.) [h) liefusal to account. — For their own refusal, or that of their secretary (on their behalf), to ftirnish either of the school section auditors with the papers or information in their possession, or within their jurisdiction, relative to their school accounts. (See chapter v.) {i) Account for Moneys. — For neglect or refusal to account to competent authority for school moneys or other school proi)erty entrusted to them, or in their possession. (See chapter v.) (j) Kec/lect of Law and Jfegtilations. — For loss to the section, o^ any portion of the legislative grant (or county assessment), in con- sequence of their neglect or refusal to keep their school open dtiririg the entire year, or of neglect to make reports and returns to the [Chap. I. competent ortunity ot corporate )n tract or decisions ii.) to make ties after case may set i. 250 may sign ), author- i' salaries. nl even the ual trustees a corporate le teachei's It per cent. ^11 times to i they may site and the provided by 18). This ys set apart Dans to any y, for such pori by i\r(\ •tb in" ■ ■ lei ij; ,.;' ity." _., sssistanis qnalifica- tpter ix.) of their I section )r within apter v.) 3ount to property iction, o^ , in con- II durinj^ IS to the Chap. I.] OFFICE OF TUUSTEE. 11 inspector, or of their reftisal to conduct their school according to law or to the official regulations (which have the force of law.) . (k) Further Monetary Penalties for Neglect of Duty : (1.) Twenty dollars for making a false return to the Inspector. (2.) Five dollars for every week of delay in forwarding their annual report to the Inspector. (School Act, sections 200 and 270.) (3.) Five dollars for neglect, in not calling annual or other necessary school meetings. {Ibid 254.) 10.— Legal Decisions on the Personal Liability of Trustees. (I.) Personal Liability or netilect or refusal to exercise their Corporate pnvers. — The Court of Queen's Bench has decided as follows : — In a case where a manda- mus nisi was issued to school trustees to levy the amount of a judgment obtained against them, no return was made, and a rule nisi for an attachment issued. In answer to this rule, one trustee swore tliat he always had been and still was de- sirous to obey the writ, and liad repeatedly asked the others to join with him in levying the rate, but that they had refused. Another swore that owing to ill- health, with the consent of his co-trustees and the local superintendent, he had re- sijjned his olHce before the writ was granted. The court, under these circum- stances, discharged the rule nisi as against these two, on payment of costs of the application, and granted an attachment against the other trustee, who had taken no notice either of the mandamus or rule. — Regina v. Trustees of School Hecticm No. 27, Tyendinaga. 20 Q. H. R. 528. (2.) The Court of Queen's Bench has decided that, as by the \sixteenlh\ clause of the \tivclfth'\ section of 13 and 14 Vic. c. 48 (similar to the Consoli- dated School Act, section 27, sub-section 20), the trustees can only be personally liable when they have wilfully neglected or refused to exercise their corporate powers ; such neglect or refusal should have been allegtd and shown in the award, to warrant its directions to levy on the trustees personally. — Kennedy v. Buruess et at. No. j, Oneida, 15 Q. B, K. 473. Held, following Kenned )i v. Barnenn, 15 Q. B. 487, that arbitrators between school trustees and a teacher, under the Common School Act, actin^j within tlu'ir jurisdiction, are entitled to protection under 8. C. U. C, c. 126, as persons fultilling ft public duty ; and therefore that trespass would not be against them and their bailiff for seizing goods to enforce their award under sec. 8rt. It was contended that tlio arbitrator has no jurisdiction, as no contract under the corporate seal required by 2H Viet., c. 49, s. 12, was proved to have been pro- dueed before them ; but the pliiintilf's witness said an agreement was producetl which he thought had the seal, and the plaintiff, as a trustee, had named nn arbitrator and submitted the matters in dispute. Held, that under these circuni- ptanees it might be assumed that the arbitrators liad before them all that was necessary to give jurisdiction. Held, also, that the award set out in the case was sufficient; ancl that the Act, 23 Viet.,c. 49, s It, which directs that no want of form shall invalidate sucli awards, should receive a liberal construction. Hughes v, Pake, et al., 25 Q. B., 95. (3.) Ne-^lect of Trustees to exercise their Corporate Powers must be proved . The Court of Common Fleas also deuded another similar case as follows: — In an action of replevin for goods of school trustees distrained under an award for the salary of a school teacher, declaring the trustees individually liable on the ground •" that the trustees did not exercise all the corporate powers vested in them by the 12 OFFICE OF TRUSTEE. [Chap. I. School Acts for the due fulfilment of the contract" made by them with such teacher. Held, that the award as evidence, did not support pleas which averred as required by the \sixtccntl{\ clause of the \twel/tli\ section of 13 and 14 Vic. c. 48 (similar to the Consolidated School Act, section 27, sub-section 20), a wilful neglect or refusal by the trustees to exercise their corporate powers as the ground for making them personally liable. 2. That on the facts, the defendants as trustees were not personally liable, the award ascertaining for the first time the exact amount due to the teacher, and declaring the trustees per- sonally liable without giving them any opportunity to exercise their corporate )iower8 to raise the money to pay ii.— Kennedy v. J£all el al, No. S> Onrida. 7 C. P. R. 218. NoTC— An award for a teacher's salary cannot now be mafle. All salary disputes between trustees and teachers must be settled in the Division Courts. (School Act, sec. 160.) (4.) The same Court has decided that where trustees become iiersonally liable under the statute, it is necessary to show that there has been some adjudication of the fact of wilful neglect or refusal to exercise the corporate powers vested in them for the fulfilment of any contract or agreement made by them, before such liability can be enforced. — Ranney v. Maclem et al, 9 C. P. R. 192. (5.) When Personal Liabilitv of Truslee arises. — The Court of Queen's Bench has decided that trustees cannot be held liable unless they wilfully neglect to do their duty : not where they decline in good faith to exercise their corporate powers on account of any doubt ji- legal difficulty which they suppose to exist. — Vanbunn V. Bullet al, No. z, Raivdon. 19 Q. W. R. 633. Note.— See also Tp. Toronto v. nfcBride's, No. ( ) of sec. , chap. (6.) A Trustee [not bein^ secretary-treasurer) cannot receive School Moneys. — The Court of Common Pleas has decided that a school trustee having money in his hands, not as secretary and treasurer of a board, or in any official capacity, cannot embezzle Sach money, his duty as trustee not requiring or authorizing him to receive it. — Farris v. Irwin, No. 16 Darlington, 10 0. P. R. 116. (7.) Loan to School Trustees — Personal Liability — Change of School Site. — Two of the trustees of a school section, wishing to change the school site, called a meeting of the freeholders and householders, who rejected the proposal. The two trustees thereupon chose an arbitrator, assuming to act under sec. 30 Consol. Stat. U. C. ch. 64, but none was chosen by the freeholders and householders, and under the advice of the Deputy Superintendent the trustees called another meeting, at which a motion to appoint such arbitrator was rejected. The trustees' arbitrator and the local superintendent thereupon made an award changing the site. A special meeting was then called to consider how the money should be raised to carry out the change, at which the conduct of the trustees and the change was strongly disapproved of. The two trustees thereupon petitioned the township council, stating that the ratepayers were desirous of purchasing a new site, an I asking for a loan of $400, " for which the trustees will bind themselves to pay the interest annually, and the principal when due," This was granted, and secured by two instalments, as follows : — "We, the undersigned. Trustees of School Section No. 11, do hereby promise to pay the Treasurer of the Corporation of Toronto Township, or," &c. (Signed) M, D. Trustees. with the corporate seal affixed. The money was expended for the purpose men- tioned. The township corporation having sued the trustees individually on these notes, and on the common counts : Held, that they could not recover on the notes, for, (i) They were payable to the treasurer; and (2) The defendants were not ]ier>;onal'y liable upon them. Held, also, Wilson, y. dissenting, the defendants were not liable upon the common counts either, for the intention of all parties Chap. 1.] OFFICE OF TRUSTEE. 13 plainly was that the trustees as a corporation should he bound, not the defendai ts personally ; and there being no fraud and concealment on their part, the fact thai they as a corporation had no authority to borrow, nor the plaintiffs to lend, could not, under the circumstances, make them personally liable. Semble, per Kkltanis, C. y., that under section 30, the difference of opinion as to the change of ^ite authoiUed a reference to arbitration ; but that the refusal of the freeholders and householders to name an arbitrator did not enable the other two arbitrators to proceed, the proper course being to compel the appointment by mandamus. Per IVilson, y,, the difference of opinion must be as to the position of the new site, after the change has been agreed to by the ratepayers, not as to whether there shall be a change; and the arbitration, therefore, was unauthorized. — The Corpo- ration of the Township of Torontoy. McBritleetal., Execiitorsof IVi/iiam McBride, 29 Q. B. R, 13. (8 ) Not obeying the Writ, — It has been decided in Chambers, that *' No attach- ment will lie for not making a return to a peremptory mandamus ;" it should be for not obeying the writ. The rule nisi called upon the trustees of school section 27 in the township of Tyendinaga, iu the County of Hastings, to shew cau^e why an attachment should not issue against them. On an affidavit of service of this rule on A, B and C, stating them to be trustees of said section, a rule absolute was granted, following it in form, and thereupon an attachment issued against A, B and C. Held, bad, as not warranted by the rule. Queen v, sy Tyendenai^a. 3 P. R. 43, C. L. Chamb. — Burns. (9.) Public School lYustee — Contract — DUqiinliJicfition— Costs — Where a school trustee, who was a medical practitioner, acted in his professional capacity under an engagement by the board in examining the pupils attending the school as ta the prevalence of infectious disease, and made a charge of $15 therefor, which the board ordered to be paid. Held, that tiiis disqualified him as such trustee and rendered his seat vacant. A rule for leave to exhibit an information in the nature of a ijiio vmn-anto to test the defendant's right to retain his seat was directed to be made absolute with- out costs, unless within ten days the defendant admitted he had forfeited his seat and consented to the hoard declaring it vacant, in which case the rule was to be discharged without costs,— Jiegina tx i>e/. Stewart v. Stanilish, C. L. J., iv., 392. ( 10. ) Disqualification of Trustees — Furnishing School Supplies. -Held, Osier, J., doubting, on a special case stated for the opinion of the Court of Chan- cery and transferred to this court, that the fact of the public school board of the city of Tomnto entering into an agreement with and purchasing their stationery and school supplies fi-om a publisliing company, and h.iving obtained gas from a gas company, and insured their properties in certain insurance com- p.anies, of which said companies the plaintiff v/as a shareholder, dkl not disqualify him from acting as a trustee of the school hoard, or render his seat vacant, under 44 Vict., c. 30, s. 10, O. — Lee v. jf'/te Public School Board of the City of Toronto^ 32 C. P. 78. Quaere, per Osier, J., wheth^ the case could properly be entertained, no fact being disclosed by which jurisdiction could be exercised under the Act relating ta mandamus and injunction, R. S, O., c. 52, s. 30, no wrongful act having been actually done by the school board, bi\t merely an injury to the plaintiff's rights threatened, it being alleged that the board intended to declare the seat vacant. — Ibid. (n.) Trustees cannot he Contractors or Ruikiers — Scftool Houses. — A schooj trustee cannot, even by the consent of his co-trustees, be a contracter for the. buiUHng of a school house. — Lamont v. 'IVte Scfkool Trustees of Se.ction A^o. 5, Aldboro, 5 L. J. 93— L). C., Hughes. Held, that power is given, under 13 and 14 Vict., c. 48, 16 Vict. c. 185, to schcjul tmstet^i to assemble a special nveeting of the freeholders and housfiholders ■ 1 '4 14 POWEUS AND DUTIES OF THUSTEES. [Chap. IT. of any school section for the purpose of maintaining a common school within their section :—Ihld, also, that any resolution passed at the general annual meeting may lie rescinded by a special meeting properly convened for that purpose.— H»<- Hon V. ThoinpMH, g C. P. (12.) Peraoml Liability of TruitteeH—Iiefudn(j to Exercise Corporate Poicers. Scliool trustees cannot be held liai)le under 23 Vict. c. 49, s. 9, for wilfully neglecting or refusing to comply with an award, without being at first afforded an odportunity of explaining or justifying such non-compliance. Where, there- fore, the defendant was justified seizing the plaintiffs goods under a warrant of the arbitrators issued against the plaintiff and the other trustees for non-complience witli an award, but did not sliew that the plaintiff was notified or called upon to shew cause before such warrant issued, HM, that the plea was Ind. Remarks a> to the informality of the warrant Graham v. Uuiujerford et al. 29 Q. 15. CH^FTER II. POWERS AND DUTIES OF TRUSTEES. I, — GrESEUAL CORPORATE PoWERS. 1.— Rural School Trustees to be a Corporation. The law declares that " the trustees in every school section shall be a corporation, under the name of Tke Hoard of Public School Trustees Jor Section of the Township of , in the Goitnti/ of . And no such corporation shall cease by reason of want of trustees. In case of such want {a) any two ratepayers of the section, or the Ins[»ector, may, by f(iving six days' notice, * * * call a meeting of the assessed freeholders, householders or tenants who shall pro- ceed to elect three trustt ;s. * * * The trustees thus elected eliall hold and retire from office, in the manner prescribed " in this Act." (School Act, sees. 27 and 33.) 2. -General Powers and Liabilities of a Corporation. The Consolidated Interpretation Act, Ont. (1877), further declares that " Words making any association or number of persons a corpora- tion, or body politic and corporate, shall vest in such corporation power tn sue and be sued ; to contract and be contracted with in their corpo- ijite name ; to have a common seal,* and to alter or change the same at their pleasure; to have perpetual succession, and power to acquire and * A corpnration beinsf an invisiWe body, cannot manifest its will by oral communication : a (leciiliar mode has therefore been devised for the authentic expression of its intention — namely, the affixing of its common seal ; and it is held that though the particular members may express tlieir private consent by words or sii;ning their names, yet this does not bind the corporation ; it is the fining cf the seal, and that only, which unites the several assents of the individuals com- posiag it, acd makes one joint assent of the whole. — ^miik't Mercantile Law, b. \, chap. 4. jjMB [Chap. IT. Cl»np. II.] POWERS AKD DUTIES OF TRUSTEES. 15 )1 within their nual meeting irpose. — Wil- orate Powers. for wilfully first afforded IVhere, there- varraiit of the ii-complience filled upon to Remarks L 29 q. U. ion shall be ool Trustees ^y probation of the third, [but not without l)is knowledge,] was held to be bad. — Forbes v. Trustees, No. 8, Plyntptan. 8 C. P. R. 74. (See next decision.) (4.) But t700 Trustees cannot Act witkout consulting a third. — The Court of Queen's Bench has decided that two of the trustees of a school are not competent to act in all cases without consulting the third, and giving him an opportunity of uniting in or opposing the acts of his colleagues. — Orr v. Jiattney, et al.. No. ij, IVest minster. 12 Q. IJ. R. 377. (5.) A Trust, e, when sued for a Corporate Act, entitled to Notice of Action, — The Court of Common Pleas has decided, in a case of alleged trespass under a warrant, that a school trustee who is sued for any act done in his corporate capacity, is entitled to notice of action, and that the action must be brought within six months ; and that a school trustee, acting in the discharge of his duty as such, is entitled to the protection of, and comes within the Consolidated Statutes, chap. 126 (now R. S. O., chap. 73), nolwithstaufling he should have signed a warrant imlividually, instead of in his corporate capacity. — Spry v. Munby et al.y No. Jj A'awdon. II C. P. R. 285. 16 POWEttS AND DUTIES OP TRUSTEES. [Clmp. II. (6.) PioUdion of Trustees, CcUcdors, ami other latoful School Officers.— 1\{t following arc the provisions of the .\ct for the protection of magistrates and otliers, to whicii tlie judtjo in the foregoing decisions referred. Sec. I. Every action brought against any Ju'-tice of tlie Peace, for any act done !)y him in the execution of his duty as such Justice, with respect to any matter within his jurisdiction assaiil Justice, ofugauist any other officer or person /iiljillinf> liny public duty, for anythim,' by him done in the performance of such pu/>lic duty, [interpreted by the court in the foregoing case (l I C. P, R. 285) to apply to school trustees and to collectors of school rates, when acting under the trustees' lawful warrant ] whether any of such duties arise out of the common law or be imposed by Act of Parliament, either Imperial or Provincial, shall be an action on the case for a tort, and in the declaration it shall be expressly alleged that such act was done maliciously and without reasonable and probal)le cause ; and if at the trial of any such action, upon the general is'sue pleaded, the plaintiff fails to prove such allegation, he shall be nonsuited, or a verdict shall be given for tecs siliiill not be liable to anv prosecution, or the pavmcnt of any damages for acting under aoy by-law of a muuicip>tl council before it has keen quashed." 11. — P0WEB8 AND Duties of Tbustees in Regard to the Site and School House. 4.— Duty of Trustees in regard to the Site of a School House A change of site can only take phice by cousent of a majority of the mtepayers jjreBent at a meeting called by the trustees (or the county insijector). Should a difference of opinion arise at the meeting between a niajotity of the trustees and the ratepayers on the choice of a new site, the matter must be referred to arbitration, as explained in the chapters relating to " School Meetings " and " School Si'.es ;" V)ut the trustees alone have the legal right to decide upon the size or enlargement of a school site, as provided in sec. lU of chap. vii. 6.— Trustees to hold School Property by any Title. Trustees are required by law " To take po-ssession and have the custody and safe keeping of all public school property which lias been acquired or given for public school purposes in such section; to acquire and hold as a corporation, by any title whatsoever, any land, movable property, moneys, or income given or acquired at any time for public school purposes, and to hold or apply the same according to the terms on which the same were acquired or received." (School Act, sec. 40, cl. (9.) See also sec. 8 of thiiit chapter, on next page.) 6.— Necessity for a proper Title to the School Site. The provision of the law, and especially the one mentioned in section 8, below, which vests all school property in the trustee corpo- ration for the purposes of sale, requires that trustees should, without [Chap. II. O^eers— The ates and others, r any act done -t to any matter i>ersoH fulfil lini> uh public duty, apply to school rustces' lawful or be imposed action on the that such act ; and if at the aintiff fails to be given for ♦ ♦ for the prot«c- of, for anything jHc School Act o e pavmcnt of any quashed." > TO THE lool House a majority of stoes (or the t the meeting JU the clioice as explained ehool Si<.es ;" 111 the size or 4>. vii. Title. mcl have the lich has been m; to acquire ind, movable ae for public to the terms Act, sec. 40, 1 Site. aentioned in L'usteo corjjo- uld, without Clmp. IT.] POWEUS AND DUTIES OF TnUSTEES. 17 delay, wliotiover practicable, obtain a deed,* n bond for a deed, a lease, or other legal iuHtrumeiit, granting to them (piiet poHH(!K.sion of the Hchou] site of their section, in case they have not u suiHcient title to it. (l.) Olijection is frequently made to the right of trustees to assess the section for tlie building of, or repairs to, the school house, where no full legal title to the school premises is vested in them. To remove this objection (although it is only A technical one), trustees should obtain the legal instrument referred to, and have it registered without delay. (2.) Every public school house and site are exempt from taxation, as provided in the Assessment Act. (K. S. O., sec 6, cl. (5.) 7.— Registration of Trustees' Title to School Premises. Tiie trustees should not fail to register the title to their school site. In case the owner of a site refuses to sell and give them a title to it, and the trustees are compelled to take possession of it under an award of arbitrators, they should, on the afE.lavit of one of their nutnber, verifying the same, register the award in the Registry Office. This should be done whenever they cannot obtain a conveyance of the ])roperty. (School Act, sees. 71 and 80.) 8.— When Trustees may sell a Schocl Site or other Property. School trustee corporations can dispose, by sale or otherwise, of any school site or school property which may not be required l)y them, in consequence of a change of school site ; they should convey the same under their corporate seal. The proceeds of the sale are to be apidied to lawful school purposes. All sites and other property, given or acquired for public school purposes, vest, therefore, abso- lutely in the trustee corporation for this purpose. (See " School Sites" chap, rii.) 9.— What constitutes adequate School Accommodation. The law makes it the duty of trustees to provide adequate accom- modation for " two-thirds of the actual resident children between the ages of 5 and 21 years, as ascertained by the census taken by the Municipal Council for the next preceding year." And now that the " compulsory " law is in force, this duty must be faithfully performed. (See sec. 2 of chap, viii.) Note. — In case trustees fail to provide suitable outhouses, fences, maps, and tablets, inspectors should require that these deficiencies be supplied within a reasonable time ; and unless reasonable and satisfactory efforts be made, having regard to the circumstoiices of each school, the defaulting trustees should be reported to the Department, in order to the consideration of the propriety of withholding the apportionment of the school fund from such section. (Minister Crooks' Decision, 1879.) " Form of Deed for the site of the School House, Teacher's Residenw, &c., Mn be obtained free of postage from Massrt. Copp, Clark & Co , Toronto, for ao centn. 18 POWERS AND DUTIES OF TRUSTEES, [Chap. II. The accommodation, to be adequate, should include : 1. Area of Site.— A site of the area mentioned in note to section ] , chapter vii. 2. Sise of lioomn. — The school house must be of the dimensions fixed by regulation. Tlie area in each room shall be at least one h\indred and twenty cubic feet of air for each child.* The roon^s must also be sufficiently warmed and ventilated, and the premises pro])erly drained. 3. Separate Entrances.— In school houses for more than fifty pupils, there shoiikl be separate entrances for boys and girls, with necessary cap and cloak rooms attached. 4. Fence. — A sufficient tence or paling round the school premises. Note.— The Ontario Line Fencis Act (R. S. O., ch. 198), which applies to school fences, enacts that "Owners of occupied adjoining lands shall make, keep up and repair a just proportion of the fence which marks the boundary between them ; or, if there is no fence, they shall so make, keep up and repair the same proportion which is to mark such boundary ; and owners of unoccupied, which adjoin occupied, lands, shall, upon their being occupied, be liable to the duty of keeping up and repairing such proportion, and in that respect shall be in the same position as if their land had been occupied at the time of the original fencing, and shall be liable to the compulsory proceedings hereinafter mentioned." (Sec. 2.) The Act further provides (in case of dispute) for the appointment of fence-viewers to make an award, which may be enforced as pointed out in the Statute. A Well, or other means of procuring water for the school. 6. Separate Offices. — Proper and separate offices for both sexes, a;; some little distance from the school house and from each other, and enclosed, or otherwise masked. 7. Furniture, Maps and Apparatus. — Suitable school furniture an '. apparatus, desks, seats, blackboards, maps, presses, and books, kc., necessary for the efficient conduct of the school. Note. — General Stif^estions to Trustees in re°ara to School House Lot. — The school ground should, in the rural sections, embrace ao acre in extent, and not less than half an acre, so as to allow the school house to b» set well back from the road, and to furnish play-grounds within the fences. A convenient form for school grounds will be found to be an area of ten rods front by sixteen rods deep, with the school house set back four or six rods from the road. The grounds should be strongly fenced ; the yards and outhouses in the rear of the school house should be separated by a high and tight board fence ; the front grounds should also be planted with shade trees ; shrubs and flowers in their season. Various simple plants, required for illustration in the lessons on botany, might be cultivated near the schooi house. Flowers, beautiful in themselves, have a most delightful and humanizing influence on children and youth, who should be taught to care for and preserve them from harm on the school premises. * Thus, for instance, a room for fifty children would require space for 6,000 cubic feet of air. This would be equal to a cube of the following dimensions in feet, vLt. : 30 X ao X 10, which is equivalent to a room 30 feet long by 3> feet wide and 10 feet high. ;l Cliap "^T.] POWERS AND DUTIES OF TRUSTEES. 19 ote to section 10.— Erection of School House, Teacher's Residence, &c. The trustees alone have the right to decide upon the kind, size and description of the school house, or teacher's residence, -which they shall ei'ect. No ratepayer, public meeting, or committee has any authority to interfere with or control tiiem in this matter. They have also full powdr to decide what fences, outbuildings, sheds and other accommodations shall be provided, as explained in section 9 of this chapter. To them also exclusively belongs the right to have the school grounds planted with shade trees and properly laid out. ■ 11.— Restriction on the Use of the School House. No school house or lot (unless so provided for in an old deed ), or any bu'Iding, furniture, or other thing pertaining thereto, shuU be used or occupied for any other purpose than for the use and accom- modation of the public school of the section or division, without the express permission of the trustee coqioration, and then only after school houra, and on condition that all damages be made good, and cleaning, sweeping, &c., promptly done, or compensation made thei'efor. Note. — Should trustees abuse this discretion in regard to the use of the schoo liouse, they may be restrained by injunction from the Courts. 12.— Duty in Regard to the Oare and Repair of School House. Trustees should, for convenience, appoint one of their number (or the Secretary-Treasurer or other responsible person), and give him autiiority, as well as mai).e it his duty, to keep the school hotise in good rejmir. Hrf should also see that the windows are properly tilled with glass ; that at a proper season the stove and pipe are in a tit condition, and suitable wood provided ; that the desks and seats are in good repair ; that the outhouses are properly provided with doors, and ai'e frequently cleaned ; that the blackboards are painted, the water supply abundant, and everything provided necessary for the comfort of the pupils and the efficiency of the school. 13.— Legal Decisions in Begaird to the School. (l.) Trustees can levy a rate for the erection of a School House. — The Court of Queen's Bench has decided that, under the School Act, school trustees are authorized to levy a rate for the erection of ii school house in their section. — Chief Superintendent of Education, appellant, in re Kelly v. Hedges, Burford, and /j PPindha0t. 12 Q. li. R. 531. (2. ) School House Contracts not valid without trustee Corporate Seal. — The Court of Common Pleas has decided that the trustees of a School Section, being a cor- poration under the School Acts, are not liable as such to pay for a school hous2 erected for and accepted by them, not having contracted under seal for the erec- tion of the same. The seal is required as authenticating the concurrence of the whoL body corporate. — Marshall v. Trustees, No. ti Kitley. 4 C. P. R. 373. Note.— Such a contract, not beine binding on the corporation, would be binding on- the indi- vidual trustees who made it with a third party, acting in good faith. Query, whether the trustee- corporation would not, by subsequently taking possession of the school houss, or by some other act, recognize the validity of the contract ? 20 POWERS AND DCTIKS OF TRUSTEES. [Chai). II. (■;). Contract under Seal, s/^'/teit f>\> a majority of the Corporation, bittdiii^. — Tl'e same Court has .also decided the followintj case : — A contract was entered into by tv)o of the trustees of a section under their corporate seal for building a schocl house ; after the house was built the trustees refused to pay, on the plea that the contract was not Ie.L;al. A jury haviny; given a verdict in favour of the tnustees, a new trial was ordered, and the former verdict in favour of the trustees was set aside. The Court held, that a contract entered into by tivo trustees under the School Act, with the corporate seal attached, is sufficient ; and a plea that the contract was signed by the two subscril ing trustees, with the consent or appro- bation of the thiid, was held \>dA.— Forbes \. Trustees, No. S, Plympton. 8 C. P. K. 73. 74- (4). Alteration of Boundaries no valid ground for refusing to leiy ratfs to pay for a School House. — The same Court has decided the following case : — The plaintiff recovered a judgment in March, 1858, against the school trustees for a debt due to him for building a school house for the section, and made several unsuccessful a" tempts to obtain payment of the same from the trustees and their successors in office. The trustees always refused to levy a rate or to pay the judgment. To an apjilication for a mandamus to compel the trustees to levy a rate for payment of the judgment, the Court held that it was no answer that, since the recovery of the judgment, two alterations had been made in the limits of the section, and that many changes had taken place among the rate-payers originally liable ; or that the merits of the claim on which the judgment was founded were capable of being impeache I. — fohnston v. i.chool Trustees of Hartvich, 20 Q. H. 264, distinguished. Scott v. 'Trustees, No. i Burgess, and 2 Bnthurst. 21 C. 1'. R. 398. (5). School House and Site in t/se not liable to be sold on judgment against Trustee Corporation. — The Court of Queen's Bench has given judgment as follows : — In a case in which a school site had been given to the trustees for the purposes of a school (with the condition that it should revert to the giver in case it should cease to be used for school purposes), and on which they had erected a school house, judgment was obtained against the corporation for the money due on the building contract. The school house and site were actually sold and deeded by the Sheriff ; but the Court held, that the house and land could not lawfully be sold — it being contrary to public policy that a school house in daily use (any more than a court house or gaol) should be held liable upon a writ of execution, as, not the trustees, but the inhabitants of the section, are the cestuis tjue trust \i. c., the persons for whose benefit the trust was held). The plaintiff should have resort«d to his other remedies against the trustees for neglect of duty, &c. [as piovided in the 2S2nd and 253rd sections of the Consolidated .School Act of 1885.] — Scott v. Trustees of Union Section No i Burgess and 2 Bat hurst. 19 Q. B. K. 28. (6). Trespass on tne School I{ouse. — The Court of Queen's Bench has decided that the trustees of the school, and not the teacher, should sue for a trespass on the school house ; unless it can be shown that the trustees have given the teacher a particular interest in the building, beyond the mere liberty of occupying it dur- ing the day for the purpose of teaching. — Monat^han v. Ferguson et al., London. 3 Q. B. K. 484. (7). Use of School House. — A bill was filed by a rate-payer, seeking to restrain school trustees from allowing the school house to be used for religious services ; but the bill did not allege that it was filed on behalf of the plaintiff and all other rate-payers. Two of the three school trustees consented to the injunction being granted as asked. The Court refused the application on the grounds — first, that the suit was not properly constituted ; and that if it had been, it appearing that a majority of the trustees were in favour of the views of the plaintiff, they had themselves the power to do that which they consented to the Court doing. Quiere, if the bill had been by the plaintiff on behalf of himself and all other rate-payers, whether then the suit would have been properly constituted ? — Rabian V. 7 he School Trustees, Thurlozo. I2 Chy. 115. [Chap. II. Chap. II.] POWERS AND DUTIES OF TRUSTEES. 21 , hi lid i 11^. — Tl'e > entered into by iiilding a schotl le plea that the if the triLstees, a trustees was set istees under the a plea that tiie )nsent or appro- Plvmpiou. 8 C. V ratfs to pay for : — The plaintiff for a debt due ital unsuccessful eir successors in (Igment. To an for payment of recovery of the ection, and that ^ liable ; or that :apable of being 4, distinguished. 98. ' against Trustee i follows : — In a le purposes of a e it should cease a school house, on the building 1 by the Sheriff; ; sold — it being )re than a court not the trustees, the persons for rt«d to his other d in the 252nd Scott V. Trustees ich has decided ir a trespass on ven the teacher ccupyiig it dur- ct a/., London, king to restrain ligious services ; iff and all other injunction being mds — first, that ippearing that a lintiff, they had e Court doing. If and all other tuted l—Habian (8 ) Propowd School House — Siibmimon to Electors — Sufficiency of Suhmiision, — t appeared from affidavit of the Secretary and Treasurer of a school section, I hat at two reirularlv called meetings of the only qualified electors of a school section at which a chairman was appointed, proposals to purchase a site, build a school house, and borrow money therefor, were put by wiy of motion and carried, upon which a by-law was passed authorizing the i.isue of debentures to rai^e money for the above purposes. Held, by Armour, J., that under 42 Vict., cap. 34, sec. 29, subs. 3, this was a sufficient submission to, and approval of the the proposal by the duly qualifir'd electors of the section, and a rule to quash the by-law was discharged. — /H/C McConnick and the Corporation of t/oe TownshiiJ of Culche.rpjration. B havmg been informed by the school board that A was in defiult, but not in respect of what moneys the default was made, as to which he made no enquiries, and 2G SECRETAUY-TREA8LREU AND COLLECTOR. [Chap. III. haviiip at the request of the school board given a mortgage to secure the liabihty which he was infoimed he had, by reason of such default, incurred as surety under the above bend, and having subsequently ascertaine)inte;l oftijer of the corporation, the treasurer of the municipality is not a pro ler party.— 5c7iooi Trmtees of the Townnhip of Hamilton v. Neil, 28 Chy., 408. t. [Chap. HI. the ratepayer. trustees in tho at or before its leiviug the trus- iii \vritin<,', must •1 pay it over to ec tor's fees or the council). Duncil, to levy the us from either the the Courts on this lalysis of the whole can be leni hy post by ) a debenture, or hi the means for irly rate imposed lool Rates. B of Munkipallhf— nd of a 'I'ownship ray ovei- for the use ue of his office, and it occured in Clergy the Provincial Sur- ind 1875, these two to be invested and as as the Township distinction between priated, prima facie to be applicable to sureties to the bond by R. S. O. cap. surers of Counties Xpa of Oakland 0. ml f!ite.—\ muni- the requisition of >thirds vote. An he requisition mu>t yapanee and tnt le municipality to not to be the duly licipality is not a V. J^eil, 28 Chy., Chap. IV.] LAW KELATING TO NON-IIESIDENTS. bi (S ) MnnduiUHn to levy School RUeit to Si/ioitl TfH»tet», — Tho court rcfust-d 11 mandamus to compel hoIkioI truMtcKS to pay n Hurn iiwnrdcd to bi> dm- to it ti'iiuhcr for nrrount of siilary, obHcrvini^ thiit tluM-o wcro other rt'infdit'n open. Upon tho fuetH iiIho, whioh are Htdted iti the cuic. tho iHijMlity of tho award appears doubtfid. — O' Letxni mid the TruHtten of Hvhool Section No. 2, in tht rownnhip of Ulaudford, 19 Q. B. 65rt. (4.) Matidftvmit to Itvy School KntvH to Municipal Corporatiovx. — K. wns eiii- jiloyt'd in 18»8 by llio trustoos of hcIkk)! sootion 4, in tho townHliip «f Snnd- wiuii, netinjir under n by-law of thu diHtriel couiioil, to furniHlt materials for and to ireot u soliool house in that section. Part of tho money was paid i( him on aooount, and for tho balanou ho I'uuovored judiyrniont aj^ainst tho trustees. FindinsT no property on whioh to levy, ho applied in 185" to the municipal c-ounuil, who puHsod a bydaw tnip<>sin(r a nktti to satisfv his judgment ; but this by-law was repealed bet'oro Mie iniMiey had been colleetod. It appears that, unilor the Mrii;inal bydaw of tho distrjct (council, the rate for eroctinj; the 8choays " the averaufe scliool i\ito " to the section of an actual resident (School Act, sec. 2, ol. ((>) ; (3) Ap- prentices ; and (4) bona fide settlers whose names are not yet on the assessment roll, are to be regarded as residents. 2.— A Non-Resident of a School Section Defined. A '* non-resident " of a school section or division, is, .strictly speaking, one who does not reside in it. But a pei-son (as in No. 2 above) may be a legal " resident " of a section, and have a right to vote at its school m:*etings and not yet reside in it. Transient visitors, children who leave home and conje to remain in a section or division for a short time, and innjates of school age in a house of i-efuge (School Act, sec 208) are non-residents. Note.— .\ny resident claiming to be the guardian of a non-resident or other child thit may come to live with him, must satisfy the trustees, by documentary or other legal proof, uf the validity of his claim to he such guardian. 32 LAW RELATIXC TO NOX-RESIDEXTS. [Chap. IT. 3.— Non-R83ident3 Liable for Rites in their own Section. A person paying i-atea in the section in wliich he resides does not thereby relieve himself from tlie payment of rates in an^ other school section in which he owns property and is taxed. (School Act, sec. 128.) 4.— Bishts of t^ e Non-Besident Ratepayers of a Section. A non-resident ratepayer of a section (defined above (2) as a resid"nt) has a ligl t to send his children or wards (if he be a gu.irdian), to the school of any section in which he pays school rates without any additional charge. {Ibid, sec. 2, el. (6.) See section 17, chapter ii.) No I'E. — The children of a non-resident " attending a public school in any city, town or incorporated village, shall be reported as attending the public school of the school section in which they are actual residents." — (Ibid, sec. 207, d. (2.) 5.— Authority of Trustees in regard to Non-Residents. Tiustees are required to admit the children of non-residents to tlieir school on payment in advance of a rate bill of fifty cents per child per calendar month, (See sec. 17, ch. ii.) Should the non- residents reside nearer to the school than to the one in their own section, the trustees must admit them on the payment of the fee. In case of any dispute as to the comparative distance from the school, the inspector has power to finally decide the matter. [Ibid, sec. 207.) Note. — Supporters of Roman Catholic separate schools, have ho right to send their children to the public school while they are supporters of these schools. 6.— Rates on Non-Residents owning Property. (1.) Non- Residents. — Non-residents owning taxable property in the section are as liable as other ratepayers. {Ibid, sees, 2, cl. (6), and 128.) [33J CH AFTER "V. SCHOOL SECTION AUDITORS— ACCOUxMTABILITY OF TRUSTEES AND OTHERS. 1.— When and by whom School Auditors are appointed. The law reqiiii'es the Trustees of each section, " on or before tlie first day of December, to iij)])oint an aiulitor, und in ciseof tlieir neglect, or the neglect of the ratepayers to do so, or in cise of an au- ditor being appointed, or elected, wlio refuses to act, tlien the inspec- tor, at the request in writing of any two ratepayers, shall make such appointment." (Sch. Act, sec. 37.) 2.— Auditor's time of Meeting, and object of it. The auditors chosen, " or one of them, shall, on, or immediately after, the first day of December, in each year, appoint a time befoie the day of the next ensuing annual school meeting, for examining the accounts of the school section." {Ibid. sec. 38.) They should, of course, apprise the Secretary-Treasurer of the Trustees of the day fixed for examining the accounts. 3.— The object of the School Audit, and duty of the Auditors. Ts " to examine into and decide upon the accni'acy of the accounts of such section, and whether the Trustees have truly accounted for, and expended for school purposes, the moneys received by them." (Sch. Act, sec. 39, el 1.) 4.— Duration of the Time of the Audit. In case of delay in ccmpleting the audit, even beyond the year of a]>pointment, the law declares that " the auditors shall remain in othce until tMir audit is completed." (Ibid. sec. 39, cl. 4, (ui- sec. 40, cl. (5) ; see also sections 6 and 7 of chapter iii. ) 12.— Summary in regard to Audit of School Section Accounts. The law requires trustees, or their secretary-treasurer, to lay all their accounts before the school auditors of the section, with all the vouchers, contracts, agreements, books, and verbal information, under oath, if necessary, on the subject of the receipts and expenditure, as may serve to explain the items in the accounts. (Ibid. sec. 37, cl. 2.) 13.— Summary of Duties and Powers of Rural School Trustees.* The duties which trustees are required to perform, as well as their discretionary powers, may be summarized as follows : — (1.) To call the annual school meeting ; also a special one to fill up a vacancy in the office of trustee. (2.) To call special school meetings to decide the question of school site. (3.) To call a special school meeting for any lawful school purpose. (4.) To prosecute all illegal voters at school meetings. (5.) To make a verbal declai*ation of office, after knowledge of election as trustee, and before entering on its duties. * The provision of the law prescribing the duty of trustees in regard to compuUory educatton, will be fuund in chapter viii. 36 ACCOUNTABILITY OF TRUSTEES, ETC. [Chap. V. :i (6.) To see tliat their scliool is fiu'iiished with a trustees' book, a visitors' book, tha entranca, daily cUiss an 1 general registers, and an e iiic.itional parioJical, a& the expanse of the school. (School Act, sec. 40, cl. 11.) (7.) To appoint at their discretion an officer to make an annual return of all the children in their school section or division who do not attend any school. [Ibid. sec. 217.) * (8.) To charge absentee pupils not more than one dollar per montli for such absence, or report the case to a magistrate. [Ibid. sec. 221.) (9.) To provide suitable school accommodation for all the pujiils in their section, as defined in the regulations. {Ibid. sec. 40, cl. 2.) (10.) To employ an;l pay school moneys to none but legally qualified teachers and assistants. (Ibid.) (11.) To permit all pupils between the age of five and twenty -one years, on whose behalf school rates are paid, and who observe the rules, to attend their school. {Ibid.) {\1.\ To fix a rate bill of fifty cents each, per calendar mouth (payable in advance), upon all of the children of non-residents who are sent to their school {Ibid. sec. 207.) (13.) To visit the school and see that it is properly conducted ; that no unauthorized books are used ; that all the pupils are properly supplied with proper text books. (Ibid. sec. 40, cl. 10.) (14.) To exorcise all the corporate powers vested in them, for the fulfilment of all agreements, contracts, ifec. ; and to maintain a school in their section during the vear. (15.) To transmit their hnlf -yearly returns and their yearly reports to the inspector, and also to submit their yearly report to the annual meeting of their constituents. (16.) To affix their corporate seal to all contracts, agreements, deeds, &c., under their hand. (17.) To appoint and take proper security from the secretary- treasurer and school collector. {\%.\ To make a return to the municipal clerk of all rate bills imposed by them. (19.) To make no contract with any member of the school corpora- tion, except for school site, or as collector. (20.) To transact no school busine.ss except at a trustee meeting, of which each member of the corporation has had due notice. (21.) To appoint a school auditor before the 1st of "December in each year, and lay before the auditors all necessary information. * The provision of the law prescribing the duty of trustees in regard to compulsory education will be found in chapter viii. Chap, v.] ACCOUNTABILITY OF TRUSTEES, ETC. 37 nipulsory education (22.) To comply with the award of the arbitrators arising between themselves and other parties, under the school law. (23.) To provide, at the expense of the section, for the cleaning of the school house and the lighting of fires, ifee. (^24.) To provide a well, play yard and separate conveniences for boys and girls. (1.5.) To provide an assistant for their school, in case the number of oiirolled pupils exceeds fifty. (26.) To see that the ])rescribed programme is fully carried out. (27.) To establish a free public school library as required by law, to see that it is available to the inhabitants, and that it is properly managed. (28.) To make out an estimate and send it to the township council for the collection of the school rate. [20.) To take possession and have sole custody of all public school property, movable property, moneys, t in case of a site and building), to raise any school rate required by them. XoTE. — The trustees can compel the council to collect the required amount by viandamus from one of the divisions of the High Court of Justice, should the council refuse to do so. (3S.) To exempt at their pleasure all indigent persons from section school rates, and provide the children of such persons with text books. (39.) To sue non-residents for rate bills or school fees. (See section 6, chapter iv.) so PUBLIC SCHOOL MEETINGS. [Chap. VI. (40.) To resign the office of trustee (if necessary), with the consent in writing of the co-trustees. (41.) To decline re-election if they see fit iov four years next after going out of office. (42.) To apply to the county council against any objectionable act or by-la .T of a township council altering the boundaries of the school Hf or to request an adjustment of their scjiool section boundtt") (43.) I'u coiuply with the school law and regulations generally. N.B.— No school meeting of their constituents can deprive trustees of any of these powers, or preven. tb-'r exercise. PUBLIC SCHOOL MEETINGS. 1.— Day of Annual School Meeting fixed by Law. The day fixed by statute for the annual school meetings throughout the province is the last Wednesday of December, at ten o'clock in the forenoon. The proceedings cannot close before eleven o'clock, nor be kept open after four o'clock p.m. of that day. They cannot stand over to the following day, nor be adjourned, nor fail, should only four ratepayers be present. (School Act, sees. 15 and 22 ; see also next section of this chapter.) Note, — If tJie last Wednesday be a holiday, then the next day will do. 2.— Public Notice of Meeting must be given by Trustees. Three public notices, to be posted in as many conspicuous places in the school section; should be issued at least six clear days before the day of meeting, and signed by the secretary (by direction of the trus- tees), or by a majority of the trustees themselves. The corporate seal need not be attached to them. These notices should state the time and place of meeting, and all the business to be brought forward. Should the meeting fail to be held for want of notice on the part of the trustees, or other cause, any two ratepayers, or the inspector, may call a school meeting. Sch. Act, sees. 40 and 16.* Note. — The foregoing relates to cases in which trustees refuse or neglect to call the annual meeting ; but in case of inadvertence, or error, the trustees can at once call the meeting themselves, or authorize their secretary to do so. * Pirections how to conduct School Meetings, printed on a large she A can be obtained from Messrs. Copp, Clark & Co., Toronto, or other booksellers, for lo cents. Forms of Trustees' " Notice of an Annual School Meeting," three on a half-sheet, can be ob- tained from Messrs. Copp, Clark & Co., Toronto, or other boookseller, for 5 cents. Forms ol Notice of Special School Meeting, three on a sheet, can also be obtained for 5 cents. Numerous other School forms are also supplied by them or any bookseller. See list. Chap. VI.] PUBLIC SCHOOL MEETINGS. 39 iars next after rustees of any of I be obtained from 3.-'Wlio are, and who are not, School Electors of a Section. Every school x'atepayer of the section, of full age, wljether resident or non-resident, who is not a supporter of a separate school (or who is a farmer's son) has a right to be present and vote at a school meet- ijig. (Ibid, sees. 14 and 21.) Note. — A ratepayer is defined in the School Act to " mean an assessed house- holder, owner or tenant, or any person entered on the assessment roll as a far- mer's son, or any person assessed for income." (/did, sec. 2, cl. 7.) 4.— Declaration of School Section Elector's Right to Vote. In case an objection is made to the right of any person to vote at any such election in any municipality or upon any other subject con- nected with public school purposes therein, the returning officer, chairman, or other officer presiding at the election or meeting, shall require the person whose right of votin;? is objected to, to make the following declaration or affirmation : — " (i) I, A. B,, do declare and affirm that I am an assessed ratepayer (or farmer's son, as the case may be) in school section ; (2) that I am a supporter of the public school in said school section No. ; (3) that I am of the full age of twenty-one years ; (4) that I have the right to vote at this election" \pr meet- ing, as the case may be\. " Whei'eupon the person making such declaration shall be permit- ted to vote." (Ihid, sec. 21.) Note. — " Any person convicted of [making a false declaration of his right to vote] upon the complaint of any person, shall be punishable by fine or imprison- ment, at the discretion of the Court of General Sessions, or by a penalty of not less than five dollars, or more than ten dollars, to be sued for and recovered with costs before a Justice ot the Peace, by the Public School trustees of the city, town, village, school section, or other division, for its use." {Ibid. sec. 249. See note to clause (3) sec. 6 of this chapter on the next page.) 5.— Ohairman and Secretary of the School Meeting. The school ratepayers present should elect one of their own num- ber as chairman of the meeting. • A secretary should also be ap- pointed. He may be the teacher of the section, or any other compe- tent person, {Ihid, sec. 17 ; see also sec. 11 of this chapter, p. 42.) 6.— Duties of the Chairman at a School Meeting. (1.) To receive nominations for the office of trustee. (2.) To keep order and to " decide all questions of order, subject to an appeal to the meeting." (Sch. Act, sec. 18.) (3.) To give a casting vote, but no other. {Ibid. sec. 18.) (4.) To submit all motions to tlie meeting, in the manner desired by the majority present. {Ibid. sec. 18.) (See clause (1) and note to clause (2), section 9 ; and also section 14 of this chapter.) ).'» p'.^ 40 PUBLIC SCHOOL 3IEETINGS. [Chap. VI. (5.) To require any elector, whose right to vote is quostioned, to make the declaration prescribed by the statute. (See sec. 4 of this chapter.) Note.— The chairman has no right to declare any vote bad unless the voter refuses to make the foregoing declaration ; nor has he any right to receive any pro- tect against tiie legality of the meeting or its proceedings. Both must be made to the Inspector. (See note to sec. 2, also clause (3) of sec. 9, of this ch.ipter.) (G.) To hear the verbal declaration of office made (in the words of the statute) by the trustee elect. (Sch. Act, sec. 23.) (See sec. 4 of chap. 1.) (7.) To transmit to the inspector a copy of the pi-oceedings of the meeting, signed by himself and the secretary, uniler a penalty of five dollars for neglecting to do so. {Ibid. sees. 31 and 254.) 7.— Duties of the Secretary of a School Meeting. (I.) To make a correct minute of the proceedings. {'■i.) If a poll be demanded, to record the votes of the electors in a poll-book. Note. — For mode of taking the votes, in case a poll is demanded, see section 9, clause (2) of this chapter. (3.) To sign the minutes for transmission to the insj)ector. (4.) To hear the declaration of olfice made by the chairman, in case he should be elected trustee. {Jbid. sees. 17, 19 and 23.) 8.— Prescribed Order of Business at a School Meeting. The following is the order in which the business of an annual school meeting should be taken up. (Sch. Act, sec. 17.) : — (1.) Calling the meeting to order (by the senior trustee present.) (2.) Election of chairman and secretary. (3.) Receiving the trustees' annual report and disposing of the same. (See section 12 of this chapter.) (4.) Receiving the report of the auditors and disposing of the same. Note. — The school meeting has no legal power to interfere with the trustees in their appointment of the teacher or assistant, or the fixing of his or their salary, (5.) Electing an auditor for the (next) year. (6.) Miscellaneous business. (7.) Electing a trustee or trustees to fill any vacancy or vacancies. Note. — No business can be lawfully transacted at a special school meeting, ex- cept that for which the meeting was c;dlc(l, unless due notice shall have been given of it by the trustees, inspector, &.C., beforehand. 9.— Bules to be observed at each School Mec.^iiag. The following rules should be observed at each school meeting (see also section 10 of this chapter), via : — Chap. VI.J PUBLIC SCHOOL MEETINGS. 41 the electors in a nandeil, see section disposing of the icy or vacancies. (1.) Manner of putting motions. — The names of those who vote for, and of those who vote against a motion may be entered upon the minutes, if required by the majority at the time of voting, and even after the chairman has declared the motion carried. (2.) " When a poll is demanded by two electors at the meeting for the election of a trustee, the chaii-man shall forthwith grant the same, and the secretary shall thereupon immediately proceed to re- cord, as herein directed, the names of all qualified electors, who shall present themselves within the time prescribed by this Act, and the secretary shall enter in the pool-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 electors ofi'er- ing to vote at the election, and shall, in the column on which is en- tered the name of a candidate voted for by a voter, set the figure * 1 ' opposite the voter's name, with the residence of the voter." (Ibid. sec. 19.) Note. — It is not competent for the chairman to reject any vote tendered. If objection be made to any vote, he should require the person objected to make the declaration given in section 4 of this chapter. The inspector alone has the right, on complaint made to him, to set aside any vote given. (3.) Protest. — No protest against an election, or other proceedings of the school meeting, shall be received by the chairman. All pro- tests must be sent to the inspector, at least twenty days after the meeting. {Ibid, sec. 32.) Note. — An inspector can require "'the testimony of witnesses to the truth of facts alleged in any complaint made to him" to be under oath or affirmation. (Ibid. sec. 190.) (4.) AJjourmnent. — A motion to adjourn an annual school meet- ing before the business is finished, is unlawful ; but a motion to adjoui'n a special school meeting is always in order; provided that such special meeting has not been called for the selection of a school site. (See section 3 of chapter vii.) (5.) Reconsidering Motion. — A motion to reconsider a vote may be made by any elector at the same meeting ; but no vote of reconsidera- tion shall be taken more than once on the same question at the same meeting, unless by unanimous consent. (6.) Close oj the Meeting. — The school meeting must not close before eleven o'clock in the forenoon, nor shall it continue open after four o'clock in the afternoon — beyond which latter hour no business can be lawfully transacted by the meeting. (Sch. Act, sec. 22.) (7.) Transmitting Minutes to Insjiector. — At the close of the meet- ing the chairman should sign the minutes as entered by the secretary in the minute book, and forthwith send to the inspector a copy of the minutes (as signed by himself and the secretary), under a penalty of five dollars. {Ibid. sees. 31 and 254.) i } 42 PUBLIC SCHOOL MEETINGS. [Chap. VI. (8.) Declaration of Office. — The trustee, or trustees elect, should at once make the declaration of office before the chairman of the meet- ing, or before a magistrate. In case the chairman is elected trustee, he should in like manner make the declaration of office before the secretary. (Ibid. sec. 23.) Note. —In no case is an oath of office, or signed declaration by the trustee elect required. A verbal declaration is sufficient. Even if it be not performed, the trustee is nevertheless a legal trustee until fined by a magistrate for neglect to mnke the declaration. On being fined, the office is vacated, and a new election should be at once held. Even should a trustee's election be appealed against to the in- spector, the trustee himself must hold office and act until his election is legally set aside. The principle is, that an individual coming into office under color of a legal election or appointment, is an officer de facto (in fact), and his acts, in rela- tion to the public, are valid until he is lawfully removed, although it be conceded, upon investigation, that his election or appointment was illegal in the first place. When this election is confirmed by the inspector, he becomes a trustee de jure (in law) and no further objection can be made to him. (See section 4 of chapter i.) 10.— Optional Rules. Note. — The following are rules of order suggested, which may or may not be observed, at the pleasure of the meeting, viz : — (i.) Addressing Chairman. — Every elector, previous to speaking, should, unl ss old or infirm, rise and address himself to the chairman. (2.) Order of Speaking. — When two or more electors rise at once, the chairman shall name the elector who shall speak first, when the other elector, or electors, shall next have the right to address the meeting in order named by the chairman. (3.) Motion to be read. — Each elector may require the question or motion under discussion to be read for his information at any time, but not so as to interrupt an elector who may be speaking. (4.) Speaking tiuice. — No elector shall speak more than twice on the same ques- tion or amendment without leave of the meeting, except in explanation of some- thing which may have been misunderstood, or until every elector choosing to speak, shall have spoken. (5.) Motions to be seconded. — A motion cannot be put from the chair, or debate unless the same be in writing (if required by the chairman), and secorlded. (6.) Withdrawal of Motion. — After a motion has been announv'H, or read by the chairman it shall be deemed to be in the possession of the meeting ; but it may be withdrawn at any time before decision, with the consent of the meeting. (7.) Kinds of Motions to be received. — When a motion is under debate, no other motion shall be received unless to amend it, or to postpone it, or for adjournment, if i. special meeting, as provided in clause (4), section 9, of this chapter. (8.) Order of putting Motion. — All questions shall be put in the order in which they are moved. Amendments shall always be put before the main motion ; the last amendment first, and so on. 11.— First Business of the Annual School Meeting. After appointing a chairman and secretary, the first business of the annual meeting (before electing a new trustee), is (1) the reading of, and deciding upon, the school trustee and auditors' report for the past year; (2) appointment of auditor; (3) miscellaneous business; and (4) tlie election of trustee or trustees. (School Act, sec. 17. See sec. 8 of this clia])ter.) Chap. VI.] PUBLIC SCHOOL MEETINGS. 43 12.— What the Trustees' and Auditors' Report shall contain. The law declares that the report of the trustees laid before the annual school meeting "shall (1) include a summary of their pro- ceedings ; and (2) of the state of the school during the year ; together \vitli (3) a full and detailed account of the receipt and expenditure of all school moneys received and expended on behalf of the sec- tion for any purpose whatever during the year ; which report shall be signed by the trustees, and by either or both of the school auditors of the section." (School Act, sec. 4C, cl. 12.) " In case of a differ- ence of opinion between the auditors on any matter in the account, it shall be referred to and decided by the county inspector." (Ibid. sec. 39, cl. 2.) 13.— Who may or may not be a Trustee. Any fit and proper person who is an " actual resident ratepayer \vitliin the section, and of the full age of 21 years," may be a trustee thereof; but no inspector, teacher, non-resident, or supporter of a separate school can lawfully hold that office. The chairman of the meeting (if a ratepayer, and otherwise eligible) may be elected. In that case he shouhl make a verbal declaration of office before the secre':ary of the meeting, or a magistrate. (Ibid, sees. 13, 246 and 2.51. See sec. 4 of chapter i.) Note. — Should a person elected as trustee refuse to serve, he subjects himself to a penalty of five dollars ; but a retiring trustee need not serve for four years after his term of service expires. (See chap, i., sees, i and 2.) 14.— Three Modes of Trustee Election prescribed. In electing a trustee, one of the three modes authorized by custom luay be adopted, viz. : (I) by acclamation ; (2) by a show of hands ; and (3) by polling the votes. The law requires the chairman to adopt the latter mode at the request of any two electors present, even altliough he may, ou a show of hands, have declared the person elected. (Ibid, sees. 18 and 19.) 15.— School Election Complaints to be made to Inspector. Any per!«n having a legal objection, either to the proceedings of the annual meeting, or to the election of the trustee, has a right of appeal against either, within twenty days, to the inspector alone. The inspector is required by law to receive and to investigate the com])laint, and either confirm the proceedings and election, or set them aside, in whole or in part, within a reasonable time ; his deci- sion is final. {Ibid, sec. 32. See sec. 9, cl. 2 of this chapter.) Note. — Should the inspector require to examine witnesses in any election caw or in regard to any other school matter, he can require «iem to make an affidavit cr solemn affirmation before he receives their testimony, {/did, sec. 194.) Where certain persons were elected school trustees, and, at a meeting of the board held subsequently to the election, were declared duly elected, but, proceed- ings having been meanwhile commenced to question the validity of the election, r u PUBLIC SCHOOL MEETINGS. [Chap. VI. at a subsequent meeting of the board they acquiesced in (lie conclusion of the board to hold a new election, and became candidates again, and canvassed as such, until the twenty days allowed for disputing the first election had elapsed (the proceedings formerly commenced for that purpose having lieen meanwhile dropped), and were not elected at the second election. Hfld, they could not afterwards maintain a suit to have it declared they were the duly elected trustees. —Foatvr et al. v. Stokes tt al., 2 O. R., Chy. D., 590. 16.— No Appeal allowed to the Minister of Education. Should any ratepayer object to the inspector's ilecision, no appeal is allowed to tho head of the Education Department, as Minister Crooks decided (Feb., 1880) that he had "no jurisdiction to review" the decision of the inspector in such matters. (See School Act, sec. 32.) Note. — Should the proceedings and election be set aside, the inspector, or trustees, if directed, should call another meeting for a new election. If no com- plaint be made to the inspector in writing within twenty days after the meeting, the proceedings (however irregidar they may have been) must be held to be valid and binding upon all parties concerned. 17.— Mode of Oalling Special School Meetings. The notice calling a special school meeting should specify the time, place and objects of the meeting. It may be given by the secretary- treasurer or trustees, or by the inspector. Three notices of the meeting should be posted in three or more public places in the sec- tion, at least three days before the meeting. (School Act, sec. 40, cl. 1 ; see sec. 2 of this chapter.) Note. — Special school meetings may be held at any convenient place in the day time, or in the evening at 7 or 8 o'clock, provided due notice be given. 18.— What an Ordinary Special School Meeting can do. A special meeting if called to transact ordinary business, can — (1.) Discuss, and decide at its pleasui'e, the business named in the notices calling it ; or, it may (unless restricted as below) (2.) Adjourn the further consideration of such business until another time. (3.) Rescind (unless restricted as below) the resolutions of a former meeting, and pass othev in their place. 19.— What a School Section Meeting cannot do. A school meeting cannot lawfully — ( 1 . Elections.) — Kescind any resolution or vote of a former meeting for the election of a school trustee. (2. Contract.) — Rescind any resolution of a former meeting, if in the meantime a cont.. 3t, agreement or other obligation has been entered into under its authority, unless at the same time it fully provides for the payment of compensation or damages caused by or consequent upon the rescinding of such resolution or vote. Chap. VII.] SELECTION OF RURAL SCHOOL SITES. 45 (3.) Adjourn the annual Hcliool meeting, or any meeting called for the apjwintment of arbitrators by it and by the trustees to decide ujjou a school site. (See sec. 4, next chapter.) (4. Award.) — Set aside or ignore the award of arbitrators appointed to select a school site. Note. — By consent of the parties to the reference, an award may be recon- sidered. (See section 8 of the next chapter, relating to Arbitration and Awards.) (5. Kate Bill.) — Impose rate bill for fees, fuel, or other purposes upon residents. (See, however, chap, iv., on " Non-residents.") (6. Tiusteea* Eights.) — Interfere with the trustees 'u their right to employ a teacher, decide upon the cuncnt expenses of the school, or the improvement of the scliool premises. (See note to sec. 8 of this chapter.) CHAPTER VII SELECTION OF RURAL SCHOOL SITES. )ns of a former ►rmer meeting 1.— When a School Site requires to be chosen. There are three cases in which the question of school site comes up for consideration in a school section : (I) on the establishment of a new section ; (2) on the change of site in an old section ; and (3) on the enlargement of an existing site. Note. — A school site is defined in the Act to mean '* such area of land as may be necessary for the school building, teacher's residence, offices and play grounds,, connected therewith." (.School Act, sec. 2, cl. 4.) 2.— Union of Trustees and Ratepayers in choice of a Site. Of tho three cases relating to the choice of school sites which we have mentioned, the first and second only require the joint action of the trustees and ratepayers ; the third is within the province of the trustees alone to determine. (See sec. 10 of this chapter.) 3.— A School Site Meeting cannot Adjourn without action. The necessity for joint action is clearly obvious, even without an expression of oi»ipiou when a new school section first goes into ojiera- tion. The trustees should therefore call a " special meeting to consider the site proposed." If, at this meeting, a majority of the fW 46 SELECTION OF RURAL SCHOOL SITES. [Chap. VII. trustees and a majority of the ratepayers present . . . differ as to the situation of the ne -.7 site, each party shall then and there choose an arbitrator. It is, therefore, not competent for this special meeting to adjourn, in case of a difference of opinion on the subject, until they respectively appoint an arbitrator to select a site for them. (See next section, and sec. 8 of this chapter.) 4.— Failure to call a Meeting, or to appoint an Arbitrator. In case the trustees refuse to call a special meeting for "pro- curing " or " changing " a site, the inspector is cuthorized to do bo ; or, if at such special meeting a difference of opinion should arise in regard tt) a site, between the trustees and ratepayers, and the meeting should neglect or refuse to appoint an arbitrator, the law declares that then ** it shall be competent for the county inspector, with the arbitrator appointed, to meet and determine the matter ; and the inspector, in case of such refusal and neglect, shall have a second or casting vote, provided " he and the one arbitrator appointed should not agree. (School Act, sees. 65 and 68.) 5.— Bemedy in case an Arbitrator should refuse to act. " If only a majority of the arbitrators appointed " to select a site, be ** present at any lawful meeting, in consequence of the neglect or the refusal of their colleague to meet them, it shall be competent for those present to make and publish an award upon the matter or matters submitted to them, or to adjourn the meeting for any period not exceeding ten days, and give the absent arbitrator notice of the adjournment." (Ibid. sec. 70.) 6.— Power of the Ailbitrators.— Kind of Site to be eihosen. The law S0,ys, that " in case of a difference as to the choice of a site," the arbitrators appointed " or a majority of them present at any lawful meeting shall have authority to make and publish an award upon the matter or matters submitted to them." IJnless, therefore, the choice of one out of two or more siles in dispute is the matter submitted to them, their choice of any site in the section is left free, and they should choose one best adapted to the wants of the section. It should be an acre in size (but cannot be less than half an acre), in a pleasant situation, and (without the consent of the owner of the site chosen) should not be within a hundred yards of his house, orchard, pleasure-ground or dwelling-house, although it may be close up to the orchard and dwelling-house of any other party. (Ibid. sees. 65 and 73.) Note. — Arbitrators are "entitled to the same remupMttiOn per diem and travelling expenses for the time employed " as are coui^9\flP|rtcillors ; " and the parties concerned shall pay all the expenses of the arBitnSSn, according to the award of the arbitrators and the school inspector respectively." (Ibid. sees. 191 and 72.) Chap. VII.] SELECTION OF RURAL SCHOOL SITES. 47 7.— Making and Publishing a written or parol Award. When the arbitrators have agreed upon their award, they should reduce it to writing, sign and seal it. This is " making" the award. When thus made, it should be sent to the trustees f'^r their informa- tion and that of the ratepayers. This is " puUishing'" it. It is com- petent, however, for the arbitrators to declare or publish the aWard orally, in presence of the party concerned, viz., a public meeting of the trustees and ratepayers. Should the award thus published be afterwards, by consent, reduced to writing (rs above), it should be id^tical in its terms with the oral declaration made, that is, it should be merely a written record of it. Any material variation in the written record of the oral award would destroy its validity and finality. (See Davis v. McGivern, 11 Q. B. R 112.) ?^OTE. — An award n^^ with the consent, or at the request, of the parties to the reference, be reconsidered. (See sec. 9 of this chapter.) be ohosen. 8.— Summary of Oeneral Rules in Regard to Arbitration. Note. — The following are some of the general regulations which govern arbi- trations. They are inserted for the guidance and information of the arbitrators. (I.) Constitution of the Arbitration Court. — Any one who can contract can sub- mit matters in dispute to arbitration. Either a friend, or enemy, or a person having an interest in the cause, may be chosen.^ Persons unimpeachable on the score of interest or capacity should, if possiVJfe, be chosen, and no arl)itrator should act as the partisan of the persons appointing him. He shc^ld divest him- self of all prejudice. If an arbitrator acts corruptly, or with manifest partiality, or colludes with one of the parties, the award is bad. All the arbitrators should be chosen before proceeding to the arbitration, except where otherwise provided (as in the case of a school site.) Notification in writing to the person chosen, and acceptance by him of th'i otHce, are necessary to complete the appointment. Where there are an add number of arbitrators, the majority decide all matters submitted to them, but where tiiC number appointed is two, four, &c., who are equally di- vided in their opinions, any person who may be selected as umpire has the sole right to ilctermine the points of difference, and make the award. The inspector is ex officio and virtually umpire in cases where he and another arbitrator only are present, as he has, in the absence of the third arbitrator, a second or cast- ing vote. In lui/itrations under the .School Law the directions of the statute should be strictly complied with. Reason.ible notice of a meeting must be given to each arbitrator. If one or more be absent, the meeting should be adjourned for about ten days, and notice of another meeting again seat to each arbitrator. At the subsequent meeting, duly notified, two arbitrators can act without their colleague, ami make and publish an award. (2.) Duties of Arbitrators. — It is the duty of arbitrators to hear evidence on both sides ; one witness may be excluded while the other is being examined. They are the judges of the admissibility of evidence, and the competency of the witnesses, as well as of the law aurl facts of the case. If parties to the arbitration and their witnesses, who are duly notified, do not attend, the arbitrators can pro- ceed ex parte, and decide according to the Iiest evidence before them. Where evidence is received, however, it should alw.iys be taken in the presence of the *The principle l.iid down in the Municipal Act should, if possible, be acted upon, viz; " No member, officer or person in the employmervt of .-iny corporation which is concerned or interested in the arbitration » • • shall be appointed to act a^ arbitr-itor in any case of arbi- tration under this Act." (Sec. 398, Municipal Act of 1833.) 48 SELECTION OF RURAL SCHOOL SITES. [Chap. VII. parties to the reference, or some one attending on their behalf, or after due notice to the li.irties. Befoie closing, the arbitrators should receive all the evidence tendered on both sides, and should take notes of it. An arbitrator cannot delegate his power ; but, if he obtains the opinion of professional men, he may adopt it as his own. He may, however, delegate purely ministerial acts, such as to go from one place to another, to obtain certain definite information, or esti- mate the value of some specific work performed ; but he cannot direct any person to commit a trespass. {3.) Time of making a award. — If no time be fixed, an award should be made and published within three months from the time of the submission. The time for making an award may, however, be enlarged by the parties to the submission. If time lapses, the power of the arbitrators is gone until it is enlarged. . (4. ) Making and publishing an award. — If the award be in writing, (as, under the Municipal Act of 1883 (Sec. 405), it must be,) it should be signed in the presence of an attesting witness. Where there are two or more arbitrators, all (or the ma- jority, if all be not present) must execute the award at the same time and place, and in the presence of each other, and an opportunity should be given to the min- ority, (if disposed) to join or not in the award. An award, however, may be made and published orally. An award is made when the arbitrators have signed it. When so signed by the arbitrators and witnessed, their power is gone, and no single arbitrator can remedy a mistake or correct a blunder. It must be done by the signers, and with the consent of the parties to the reference. An award is published when it is sent to either or both of the parties concerned, or notice is sent to them that it is ready to be delivered. It should be delivered on the day fixed, and then the fees and other expenses on it are payable. Any kind of words may be used in an award ; but they should be definite, conclusive and final on all points submitted. Arbitrators are not required to give reasons for their award, nor are they answerable for want of skill in performing their duties ; but an arbi- trator may be called as a witness to prove facts which occurred or came under his notice during the reference. (5.) ytidgment and Exp.^rience, — In Martin v. Kergan (2 Prac. R. 370), it was held that the parties to an arbitration " have f right to the arguments, experience and judgment of each arbitrator, at every stage of the proceedings. " (6.) Costs of Arbitration, — Where the costs of the arbitration arq at the discre* tion of the arbitrators, and the award says nothing about them, each party pays his own costs of reference, and the costs of the award are to be bore equally. {Glen V. Grand Trunk Railway, 2 Prac R. 377.) Under the School Law the costs may be fixed at the discretion of the arbitrators. The award need not be given up until the amount of costs thus avoided be paid. (7.) IVhen an aruard is bad. — (i) When it is uncertain and not final. (2) When it contains a mistake on the face of it. (3) When the proceedings are irregular, as from want of notice of meetings, improper conduct of arbitrators in receiving evidence. (4) Corruption or collusion on the part of the arbitrators. (5) Fraud or concealment of material evidence. (6) When the award cannot be acted upon. (8.) Arbitration, before aioard made, may be superseded by natural concurrence. — Chief Justice Robinson thus laid down the law on this subject : — As ageneral rule, we take it that where two parties have a liifference upon any matter of business, and refer it to arbitration, they may after vards agree upon the matter on which they had differed, and so may render it unnecessary that any award should be made. By the common law either party might, before the award made, revoke the submission. There have been rcst.ictions lately placed by statute upon this right of one party to revoke without the concurrence of the other, but it would be most unreasonable and inconvenient to hold that both the parties may not come to a settlement of their dispute, and so dispense with the necessity for the arbi- trator's proceeding.— C/*/!-/ Justice Robinson, in re Vance v. R'nig et al, Mo. i, Hallmvell, 21 Q. B. R, 187. lii Chap, VII.] SELECTION OP RURAL SCHOOL SITtb. 49 (9.) An award in refjard to the selection c»f a school site may be reconsidered. (See the next section of this chapter.) 9.— Power of School Meetings in regard to Awards. Even after an arbitrator or arbitrators have been appointed to select a site, it is competent for a majority of the trustees and of a public school meeting called for that purpose to agree upon the choice of a site before an award is made. Such an agreement revokes the submission of che matter to arbitrators, who should at once be notified of the fact, so that no award may be made. The school law pro- vides an easy way of meeting the difficulty, should an award be made which is not satisfactory. It provides that " with tlie consent, or at the request of the parties to the reference, the arbiti'iicors, or a majority of them, shall have authority, within throe months from the date of their asvard, to reconsider such award, and make and publish a Sjcond award, which award (or the previous one, if not reconsidered by the arbitrators) shall be binding upon all parties concerned, for at least one year from the date thereof" (School Act, sec. 66.) 10.— Power of the Trustees to Enlarge a School Site. Where no desire is felt by the trustees or ratepayers to change tlie site of a section, the trustees have full power to enlarge it at their discretion to an acre or more in extent, and to erect a new school house on it, or to repair or enlarge the old one, without consulting their constituents. (Ibid. sec. 74 ; see sees. 2 and 13 of this chapter.) 11.— Sale or Exchange of the old School Site. Trustees are required " to dispose by sale or otherwise, of any school site or school property not required by them, in consequence of !i change of school site, or other cause, and to convey the same under their corporate seal, and to apply the proceeds thereof for their lawful school purposes." (School Act, sec. 40, cl. 9.) Note. — This case dilTeiS materially from one in which a change of boundaries necessitates a change of site. Under such circumstances the law declares that, " In case a school site or school house or other school property />e no longer required* \\\ a section, in consequence of the alteration or the union of school sec- tions, the same shall be disposed of by sale or otherwise, in such manner as a majority of the assessed freeholders and householders in the altered or united school sections may deciile at a public meeting called for that purpose." "The inhabitants transferred from one school section to another shall be entitled, for the public school purposes of the section to which they are attached, to such a proportion of the proceeds of the sale of such school house or other public school property, [after, of course, paying the de' ts of the section,] as the assessed value of their property bears to that of the other inhabitants of the school section from which they have been so separated ; and the residue of such proceeds shall be applied to the erection of a new school house in the old school section, or to other public school purnoses of such old school section. In the case of united sections, ^ K full explanation of the phrase "no longer required* here used, will be foand io Part of £St LtctHres, chap, tik, tM. 11. 50 SELECTION OF RURAL SCHOOL SITES. [Chap. VII. the proceeds of the sale shaU be applied to the like public school purposes of such united sections." {/6id. sec. S4.) 12.— Owner of Land must Sell School Sites selected. If the owner of a newly selected school site, or of land adjoining an old site (which the trustees have decided to enlarge), should refuse to sell it, or should ask an unreasonable price for it, the law requires the trustees and owners each to apooint an arbitrator to appraise the damages, to the owner, of such compulsory sale. Upon the tender of payment of these damages to the owner of the land by the trustees, they can take possession of the land for school purposes, and proceed to erect a school house on it, or to enclose it. {Ibid. sees. 68 and 69. ) Note. — The School Act defines an owner to "include a mortgagee, lessee or tenant, or other person entitled to a limited interest, and whose claims may be dealt with by arbitration as herein provided." (Sec. 2, cl. 5.) 13.— Privileges of the Owner only relate to a New Site. On the selection of a person's land for a new school site (with or without his knowledge), within one hundred yards of his garden, orchard, pleasure-ground, or dwelling-house, the owner may either consent to the sale of the new site at a reasonable rate, or he may refuse to sell it, at his pleasure ; but he cannot be compelled to sell it. In regard to the enlargement of the old school site, however, the law gives the owner of the chosen land only a restricted privilege, should the trustees offer to buy it. But they can compel a sale when the pro- posed enlargement is not " made in the direction of the orchard, gar- den, or dwelling-house," provided that it cannot be otherwise enlarged. Without the consent of the owner no part of the garden or grounds attached to the house can be taken. In case of refusal to sell it (within these restrictions), the law requires the trustees and owner, each, to appoint an arbitrator to appraise the damages, and upon tender Vjy the trustees of the amount of damages awardca, the trustees can take possession and use the land for the purposes of their trust. {Ibid. sees. 73 and 74.) Note. — The provisions of the law on the compulsory sale of school sites are twofold, although they have been frequently confounded together. Sections of the 67th section refer first to "land selected for a new school site," and section 74 to the selection of land for enlarging existing school premises. In these two cases, the trustees can demand an arbitration should the owner of the selected or enlarged site refuse to sell, or ask too large a price for the land. In the first class of cases, (i.e., the selection of a nrw site,) the owner can lawfully refuse to sell, or to submit to arbitration, when the site selected is within 100 yards of his "orchard, garden, pleasure-ground or dwelling-house;" but where the trustees merely wish to enlarge their existing school premises, the owner has only a reuncted right, (as explained above,) whicli shall not "be held to restrict trustees in the enlargement of a school site existing to the required dimensions." (Sec. 74- ) The provision of the law does not in any case ripply to other persons whose house, orchard, &c., may happen to be within 100 yards of the proposed site, and who are not in any way concerned in the sale of land for the enlarged site. (S. 73. ) Chap. VII.] SELECTION OF RURAL SCHOOL SITES. 51 mrposes of such 14.— Township Couiipils may Purchase School Sites. The Municipal Institutions Act authorizes township councils to pass by-laws " for obtaining suc^i real property as may be required for the erecion of public school houses thereon, and for other public school purposes, and for tlie disposal thereof when no longer required.*' etc. (Sec. 490, cl. 7, of the Act of 1883.) 15.— Decisions of the Courts in 4^gard to School Sites. (l.) In selecting a Site, Trustees cannot act ivithout consulting their constituents. — The Court of Queen's Bench has decided that the trustees cannot, without refer- ence to the [assessed] freeholders and householders of the section, determine upon a site for the school house, and impose a rate to meet (fie expense of its purchase. — Orr V, Ranney et al, A'o. ij, Westminster. I2 Q. B. K. 377. (2.) Arbitration be/ore award made may be superseded by mutual concurrence. — Chief Justice Robinson thus laid down the law on this subject : — As a general rule, we take it that where two parties have a difference upon any matter of business, and refer it to arbitration, they may afterwards agree upon the matter on which they had differed, and so may render it unnecessary that any award should be made. By tlic common law either party might, before the award made, revoke the subinissioli. There have been restrictions lately placed by statute upon this right of one party to revoke without the concurr( nee of the other, but it would be most unreasonable and inconvenient to hold that both the parties may net come to a settlement of their dispute, and so dispense with the necessity for the arbitrators proceeding. — Chief "Justice Robinson, in re Fancev, King et al, No. i, Hallo^vell. 22 Q. B. R. 187. (3. ) First arbitration in regard to a School Ske cannot be set aside by a subsequent Special Meeting. — The Court of Common Pleas has decided the following case : When a meeting was held to change the site of a school house, and arbitrators appointed, who met and decided the question, but their decision was not acted upon ; subsequently another meeting was called, and their decision and proceedings were acted upon and the site changed. Held, that the proceedings were irregular, and that the trustees had no authority to change the site of the school house without the sanction of a special meeting of the [assessed] freeholders and house- holders, and that the second meeting had no authority to alt^ the determinations previously made. — Williams v. Trustees, No. 8, Plympton. 7 C. P. R. 559. (4. ) Replevin — Arbitration in regard to School Site — Blanks filled in after execu- tion — Award rendered invalid thereby. — The Court of Common Pleas decided the following case : Replevin.* — Two defendants avowed [i.e., maintained and justified the act done by them] ; the third pleaded the convening of a special meeting of freeholders and householders of a certain school section to procure a school site, when it was agreed to procure a certain piece of ground and erect a school house thereon, which was done. That plaintiff was a resident freeholder when the meeting was held and when his goods were seized, and was assessed $80 for building said school, &c. The plaintiff pleaded that the meeting above set forth was null and void, because before the said meeting another had been convened according to law, when a difference of opinion existed between a majority of the freeholders antl householders as to choosing a school site, and arbitrators were appointed, who decided upon a certain site, which decision remains in force, and the defendants in contravention thereof tvrongfully purchased the site mentioned in their plea, and wrongfully distrained, &c. Upon demurrer. Held, that the second meeting pleaded by the defendant was a violation of the provisions of the statute, * Replevin : the name of an action for the recovery of goods and chattels. Replevy : to re-deliver goods which have been distr-ined, to '.he original possessor of them, on his giving pledges in au action of replevin. t5.t 52 SELECTION OF RURAL SCHOOL SITES. [Chap. VII. -^ 1 i and that the plaintiff was entitled to judgment. The arbitrators to whom a refer- ence in this cause was made under the School Act, executed an award, the descrip- tion of the lot not being fully inserted, but a blank being left therefor, which was afterwards filled in and the word lot altered into gore. //M, that the award was insufficient. J/e/(i, also, that school trustees who executed a warrant as such trustees under the seal of the trustee corporation, were not personally responsible. — A'v/n/i(iv. /u/ij,' e/ urclmse. JIM, in a suit against the board by the purchaser lor indemnification in respect of the remainder of tlie ])urcha»e money, tiiat the plaintiff was entitled to 'relief — SmHk v. The School Trmteia of Iklleville, Itl Chy. 130. (9.) Ilhueiit of School Trustees in regard to Sites. — A dissent by school trustees from ft decision of the ratepayers as to a site for the school, sliould be inti- mated promptly, and if not announced till after the expiration of the current year, it is too late. —Coupland v. 2'he School Tnislees of Nottawaxnya, 15 Chy , 33». (10.) Formation and Alteration of School Sections — Notice to Ratepayers. — Ihld, Draper, J., diss., that the request of the freeholders and householders and houseliolders mentionad in J3 and 14 Vict., c. 48, s. 18, sub. s, 4, applies only to the union of two or more sections into one; and tliat the municipality (if Ii townsliii) may pass a by-law to bring back exclusively within their own urisdictii.n any p irt which has been united with a school section in another township, and may alter and arranj^e the sections within their own township; j.rovided only lliat all parties affected by such ifitended alteration shall api)eur to have been nuly notified. By a resolution of the district council in 1849 a union sciioji .-mion was formed, consisting (.f part of what had formerly been section tun n ^-nltffeet and purt of section three in Barton. In 1854 a by-law was passeil liv the municipality of Saltfleet, which defined the limits of section ten and brouaht it entirely within Saltfleet, excluding that i)nrt of Bhrton which had belonged to it. Held, that a ratepayer of Barton eould not object that no Jiotice had been given to those affected in Saltfleet; anil Scmlile, per Robinson, C J., that no notice was required to those in Barton. It is not necessary to recite in sucli by-law that tlie requisite notice, Ac, have beiMi -riven'. In. re Xesx cud the Jlnvic'ijKililii of Snllfert, \;\ Q. B. 408. See, also, Aforrison and the Atnui- cijiolilij tf Arthur, lb. 279, which is overruled by this decision. Note. — See .ilso decisions of llie Superior Courts in rejj.ird to School Hoikcs, chapter ii, sec tion i3,pi'Kc 19; alsotlcci-sionsas to Tiu.stccs'pcrhonal re^ponsibility, ch.ipler i, section lo.jjaKe 1 1 m m. ^iifc^;-- ■'■■ i &:■■■■::■:.■■ i 1 COMPULSORY ATTENDANCE OF ABSENTEE CHILDRLN. 1.— Bight of every Child to receive an Education. The public school law requires tliR parent or guardiun of '* every" child, from the age of seven to twelve years to cause such child to at- tend some school, or be otherwise educated, for one hundred days in every year ;* and otherwise such parent or guardian shall be subject " W'hlle the school law thus declares the right of every child to attend school and receive an education therein, for otluiwise) it also very properly makes it the imperative duty of trustees to provide in their .stiiool house sufficient "accommodation" or room for the attendance of every child of school age in the section, at the rate of nine square feet of space on the floor for each child, (^5ee chap, ii, sec. 9, page 17.) "I'he form to be Used in taking the school census will be furnished by Messrs. Copp, Clark & Co., Toronto, or by any other bookseller, free by post for 5 cts. Chap. VITT.] COMPULSORY ATTESDAyCE. 05 Jopp, Clark & to the ponalties provided by the School Act. (Sch. Act, sees. 2l(> Hiid 214.) Ni>TK. — The provision of the Act does not reqtiire any Roman Catholic to at- tend a iniblic school, or a Protestant to attend a Roman Catholic separate school. (lliid. sec. 216.) 2.— Duty of School Trustees in this matter. (1.) The law autliorizes the trustees of every rural public school to appoiut au officer who shall notify persoually, or by letter or other- wise, the p:ir(}ut3 or guardians of such children of tlie neglect or vio- lation on their part of the provisions of the law and the consequences thereof. (Ibid. sec. 213.) NoTK. — In order to enable the masters to perform their duty in this matter the law requires the township clerks to fiirnish annually their secretary-treasurer with the names of parents and the number of children between the ages of 5 and 13 in their school sections, (ibitl. sec. I15.) (2.) In case, after having been so notified, the parents or guar- dians of such chihb-en continue to neglect or violate the provisions of tliis Act, it shall be the duty of the trustees to impose a rate-bill on. such parents or guardians not exceeding one dollar per month for each of their children not attending school ; or (3.) To make complaint of sucli neglect or violation to a magis trate iiaving jui'isdiction in such cases, nnless they are satislied tliat such neglect or violation has not been wilful, or caused by poverty, . ill-liealth, or too great distance from school. (Ibid. sees. 214 and 211*.) > 3.— Power and Duty of the Police and other Magistrate. (1.) It shall be competent for such magistrate to investigate and decide ui)on any complaint made by the trustees, or by any person au- thorized by them against any j>arent or guardian for the violation of the Act, and to impose a tine not exceeding Jive dollars for the tirst wilfid offence, and double that penalty for every subsequent offence. {Ibid.aec. 218.; (2.) The magistrate shall not be bound to, but may, in his discre- tion, forego to issue the warrant for the impri.sonmeut of the offen- der^ as in said section is provided. {Ibid. cl. 2.) (3.) It shall be the duty of such magistrate to ascertain, as far as may be, the circumstances of any party complained of for not sending his child or children to some school, or otherwise educating him or them, and being satisfied that the mission is not wilful, the magis- trate shall not award punishment, but shall report the circumstances to the trustees of the school section or division in which the offence has occurred. (/6«/. sec. 219.) Note. — It will be seen from these sections of the Act that school tiustees are made responsible for carrying out the " compulsory" sections of the Act quoted. 06 PUBLIC SCHOOL TEACHERS. [Chap. IX. Should they neglect to impose the required rate bill, as provided, or to duly re- p >it every cnse of delinquency to the ini-jistrate, they become personally respon- sible for the amount of the rate bill or of the fine whicli may be lost to the section or division in cons^cjuence of such nej^lect on their parr. Hesides, they are re- sponsible for the loss of the apportionment which would havj been m.\de on the average attendance of the absentees. ch:a.f»tek IX. PUBLIC SCHOOL TEACHERS. 1.— Who axe aualifled Public School Teachers. A (l«ly qnalifiocl ptiblic school teacher is one who, at the time of euynging with the trustees, and clurinjj tlie f»en(xl of such engage- iiiout, holds " a legal certificate of qualitioatiou." (Sch. Act, sec- J 53.) Noi'E. — One of the Superior Courts has decided tliat tnistees cannot legally apply a rate to the payment of a teacher who does not possess the necessai7 quali- fications as such, under the school laws. (See clause 4, sec. 1 1 of this chap., p. 63. ) 2.— Who cannot hold the office of Public School Teacher, No high or public school trustee, and no inspector, can lawfully lioM the olKce of, or act as, a i)ublic school teacher, und vice veraii. (Sch. Act, sec. 2-10.) 3.— Assistant Teachers in a Pablic SchooL Whenever the number of pupils enrolled in a public school ex- ceeds Jifti/ there should be a teacher and an assistiint^ and, at the op- tion of the trustees, a monitor. A monitor cannot take the place of an " assistant teacher," or be put in charge of a division of the school. He can only aid the muster or assistant in the classes. (See Kegvilations.) 4.— Ajreements between Trustees and Teachers. " All agreements between trustees and teachers, to be valid and binding, shall be in writing, signed by the parties thereto, and sealed with the corjwrate seal of the trustees," and " may lawfully include any stipulation to pi'ovide the teacher with bo-ard and lodging." (Sch. Act, sec. 152.) Payment may also be made quai-terly or monthly. NoTR. — .\11 agrciements Ijetween trustees and a teacher, to be valid, must b« authorized at a regular or special meeting of the trustees, and must l>e signed by Chap. IX.] PUBLIC SCHOOL TEACHERS. 57 •e time of Hce vertsii. at least two of the trustees and the teacher ; they must also have the corpnrntc wnl of the suction attache^l to Ihein (as above), otlierwisc the trustees may be maile jyrxDnulhj rfMpoiixilile for the fulfilment of such agreements, and can bo sue;iil!itions in re;ijivnl to O/mniu!/ and Closing Kxercwns of (ho Dai/ iii-o obdorvoil, ami that the* Ten OominiindiiiMuta are duly timjjlit to all tho impils, and repeated by tlioiu once a week. 6.— Discipline in the School— Authority over Pupils. Tt sliall also be tho duty of each nitiHter and teacher of a public school, to observe the following regulations : — (1.) General Princijjles of (Jroveriinie)it. — Masters anil teachers are to evince a legard for the improvement and general welfare of their pupils ; treat them with kindness, combined with lirmness, and aim at gt»verning them by their aifections and reason, rather than by harshn(;ss and seveiity. Teachers shall also, as far as ])racticablc. •ixeicise a general care over their juijiils in and out of school, and sliidl not confine their instructions and superintendence to the usual •school duties, but shall, as far as possible, extend the same to the mental and moral training of such pupils, to their ptu'soti.d deport- ment, to tiio practice of correct habits and good manners among cliem, and should omit no opportunity of inculcating the principles of Truth iind Ho.N'KSTV, the duty of res[)ect to superiors, and obedience to all ))ersons placed in authority over them. (2.) Discipline. — Each master and teacher shall jiractico such discipline in his school class or dei)artment, as would be exercised by a kind, firm and judicious parent in his family. It is strictly ei»joined upon all teachers in the schools to avoid the appearance of indiscrtset haste in tho discipline of their pupils; and in any ditlicult ises which may occui", to apply to the master, [if an assistant,] ii' , or to the trustees, (as the case may be,) for advice and direct Note. — The fullowing are modes to be adopted or avoided : (l.) Proper. — Reproof, kindly bu* firmly yiven, either iii private or before the school, as circumstances require it, or such severe punishment as the case really warrants, administered as directed in the above regulation. (2.) Improper. — Contemptuous language, reproof administered in passion, per- sonal indignity or torture, and violation of the laws of health. (3.) State of feeling among PainU. — Masters and teachers shall cultivate kindly and affectionate feelings among the i)Uj)ils ; dis- countenance quarrelling, cruelty to animals, and every approach to vice. (4.) Power to suspend Pupils. — The master shall suspend (subject to an ai)peal by the parent or guardian to the trusteesj any pupil for any of the following reasons : — («) Truancy persisted in. {b) Violent opposition to authority. (o) Repetition of any offence after notice. Ch TX. Cluip. IX.] PUBLIC SCHOOL TEACHEUS. 69 tlmt of tl„' illlgllt ('/) Habitual iiiul dotormined negloct of duty. {!>) Tlio uso of pi'ofiuio, or other improiicr language. {/) GeiKM-al bad coiuUiL-t, and bad oxaiu[»l(i, to tlie injury of the school. {(j) Cutting, marring, destroying, defacing or injuring any of the )»ul)lic school property, such as buildings, furniture, seats, fences, trees, 8hrul)bery, ifeo., or writing any obscene or improper words on the fences, walls, privies, or any ])art of the |)remises. Any master suspending a pupil for any of the causes almve nnmed, shall, imme- diately after such suspension, give notice thereof, in writing, to tlie p.irent or guardian of such pu[)il, and to the trustees, in whicli notice shall be stated the reason for such suspension ; but no ))upil shall be i'X[»elIed without the authority of the trustees. (").) Kr,j)nl.-i!on of Paplh. — When the example of any pupil is very hurtful to the school, and in all cases where reformation appears liojjeless, it shall be the duty of the master, with the approbation of the trustees, to expel such pupil from the school. But any ])upil under public censure, who shall express to the master his regret for such a course of conduct, as openly and explicitly as the case may re(piire, shall, with the approbation of the trustees and master, bore- admitted to the school. Note. — The School Law declares that " any pupil who shall he adjudjjcfl so refractory l)y the trustees (or a majority of them) and the teach'M", that his presence in schodl is deemed injurious to the other jiupils, may be dismissed from such school, and where practicable, removed to an Industrial school. " (Sec. 40, c].[8].) Note. — The master, under clause (2) of section 5 of this chapter, may author- ize the assistant lo suspend or otherwise deal with pupils in his class, as provided in clause (4) of this section. 7.— Duties of Masters and Teachers in regard to Teaching. The law requires each master or teacher of a public school : (1.) " To Tecvch DiUgentlij and faithfully all the branches required to 1 taught in the school, according to the terms of his engagement witli the trustees, and according to the provisions of the School Act, and the regulations of the Education Department. (Sch. Act, sec. 154, [1].) '2.) Classify Pupils. — He shall classify the children according to th books used ; study tho.se books himself, and teach according to the improved method recommended in their preface.s. The division of the pupils into classes, as prescribed by the programme, shall be strictly observed ; and no teacher shall be allowed to take his or her class beyond the limits fixed for the classes taught by such teachers, without the consent of the master (if an assistant) or inspector, ex- cept for occasional reviews ; hut individual pupils, on being qualified, may, with the consent of the master, be advanced from a lower to the higher class. 'rm 60 ?uijLic school teachers. [Chap. IX. (3.) Constant employment to Pupils. — He shall give the children uiifler liis charge cuiistant employment in the strtlies prescrib'.Hl in the antlioriz(!(l progivunme ; and endeuTour by judicious and diver.s;- fiod modes to render the exercises of the school pleasant as well as j)rotitahl(i. In giving out the lessons for the next day, difficult pai'ts should be exi)lained, and where necessary, the best mode of studying them should be pointed out to the pupils. Note. — The object of thescliool ]Mogramme is two-fold — to provide work, (i), for the master or leacht-r, and (2), for the pupils while he is engaged. No master is re(|uired to teach more than 27A hours per week ; bi.t while he is teaching one class one subject, the other classes should be engaged in studying the other sub- jects, according to the programme. (4.) Time. Table. — Each master shall keep, in some conspicuous j)lace in the school-room, a time-table, showing the order of exercises for each day in the week, and the time for each exercise, as prescribed in the programme of studies for public schools. (5.) ReA/isters — Prizes. — The pupils' names should be carefully en- tered in the general, enti-ance, and daily class and other registers. Should prizes lie given merit alone should determine who are entitled to receive them. (See School Act, sec. 154, cl. [2].) (6.) Term Ecsnmination — Each class in every school shall be open for public exauiiuntion and iuKi)ection during the last week of every tei-'ii ; and the master or teacher shall call upon every pu, il in the school, unless excused, to review or recite in the course of such exam- ination. (Ibid, cl. [S].) Note. — See clause (i) of section 13 of this chapter. (7.) In School at 8| a.m., d-c. — All teacher.s shall be in their re- spective schools, and open their rooms for reception of pupils, at least tifteen minutes in the morning and iive minutes in the afternoon be- fore the specilied linuj for beginning school ', and during school hours they shall faithfully devote themselves to tlio duties of their office. 8— Duties of Teachers in regard to School Premises. (I.) Care of School Propeitij. — Each master or teacher shall ex- ercise the strictest vigilance over the public school property in his charge — the building, outhouses, fences, &c., furniture, apparatus, and books belonging to the school, so that they may receive no in- jiny ; and give prompt notice, in writing, to the trustees or person ap- jtoiuted by thorn, under chapter ii, section 1^, (if in cities, towns or villages, to the inspector.) of any repairs which may require to be made to the building, premises, or furniture, ifec, and of any furni- ture or sup[)lies which may be reqtiired for tb > school. (2.) Neyulntions in regard to School Premises, d'c. — The trustees having made such ]>rovi8ion relative to the school-house and its ap- pendages as required by law (see section 9, chapter ii), it shall be the duty of the master to give strict attention to the proper ventilation Cha] and slud in,!,- in any Ip. IX. Clmp. IX.] PUBLIC SCHOOL TEACH EKS. 61 b'Jdren .'(I in livers,;. }ell as parts Idyinf 'S iK (I), ] master ig one ;r sub- and temperatni'e, as well as to the cleanliness of the school-honso ; he shall also prescril)e such rules for the use of the yard and ont-huild- ings connected with the .school-house as will insure their beins? kept in a ne.ib and i)roper condition ; a)id he shall be hekl i-esponsible for any want of cleanliness about the premises. (3.) School open Jor Pupils. — Care must be taken 'o have the school-house ready for the reception of ])upi[s at least Ji/'een m' •"i*^es before the time prescribed for openiui;; tin; school, in order tv oid shelter to those who may arrive before the api)ointed hour. ^See clause (7^, section 7 of this chapter.) (4.) Oiit-Previises --The master or teacher shall see that the yards, sheds, privies, and other outbuildings are kept in order, and tljat the .school house and buildings are locked at all proper times; and that all de])Osits of sweepings from I'ooms or yards ure removed from the premises. (T).) Fires and Sweppinr/. — He shall employ, at a compensation to be fixed by tlu; tru.stees, a suitable penson to make liies, to sweep the rooms and halls daily, and dust the windows, walls, seats, lesks, and other furniture in the .same ; but no master, assistant tuieher, or ])upil shall be required to perform such duty, unless voluntarily, and with suitable compensation. 9— Duties of Teachers in regard to Library, Reports, &c. (1.) Aft (IS Librarifin. — Each master or teacher shall act as librarian of the school, and take charge of the books ; also make, kee|), and preserve a cataloi^'ue of the same ; deliver, charge, receive, and credit the vobimes given out. and keep a register of the same ; number, label, and catalogue the books; and make i-etiuns of the library, its books, itc , as retpiired by the libmry I'egulations. (2.) 77ie Lil>rari/.--lie shall keep the library oj^n for the distri- bution and return of lM)()ks to the soholai-s and rate|)iiyei"« of the school division, on Friday afternoon of e.ich week ; but this duty shall not be permitted to interfere with the legular exercises of the school. (3.> General Re;psfer. — He shall keep a geneml register of the school (to be furnished ut the expense of the trustees^ in which shall be enteivd, in each term, the date cf the admission of each pupil ; the names of the pupils in each of the classes in the school ; the pro- motion of pupils ; date of a pupil's leaving the school, and de.stination, l)oth as to plae<^ and ocenpation ; and such other infonnation as shall at all times give a correct idea of the condition of the school. (4.) Dailt/ Uegister. — He shall also keep the daily I'egister (pro- vided at the ex^iense of the trustees), in whioli shall be entered the m 62 PUBLIC SCHOOL TEACHERS. [Cliap. IX. cm i '1 names and daily uttendiince of pupil8, their proficiency in various studies, and other information. Note.— See clause 5 of section 7 and (3), of section 13 of this chapter. (5.) Ihturns. — The master [or teacher] sliall make such returns, and at such times, as may be required Ity the [master] inspector, o\' trustees, relating to his class, school, or depariment. (6.) Reports. — He shall make the necessary term special, or animal reports to, and with, the trustees, to the inspector at such times aud in such manner as niav be required. [See School Act, sec. \b\, cI.(lO).] Note. — See section 21 of chapter ii. (page 23), and clause (4) of section 12 of this chapter, page 66. 10.— Regulations in regard to Sickness, Visiting Schools, Visitors, Presents, Teachers' Meetings, &c- (1.) Absence and Sickness — No master or teacher shall be absent froui the school in which he or she may be employed, without j)er- mission of the trustees or inspector, except in case of sickness, in which case the absence of such teacher shall be immediately re[)orted to the trustees ; and no deduction from the .salary of a teacher shall be made on account of sickness, (not exceeding at the i-ato of four weeks for the whole year,) as certified by a medical man. (School Act, sec. 158.) Note. — .See latter part of section 15, of this chapter. (2.) Visiting Schools. — The inspector may permit a puV)lic school master, or teacher, to be absent two of the ordinary teaching days in each half year, for the purpose of visiting and observing the methods of classification, teaching, and discij)line practised in otlier schools than that in which he or she teaches. Note. — This visit, with the name of tlie school or schools visited, is to he duly reported hy such master or teacher to the inspector. Kach public school master and teacher must tjive at least three days' notice of each visit to tiie trustees. In order that no loss of apportionment may accrue to any school in conseciuence of the master's absence under this regulation, a proportionate amount of aver.ige attendance will be credited to the school for the time so employed by the teacher; but under no circumstances can lost time be lawfully made up by teaching on any of the prescribed vacations, holidays, or half holidays, nor will suoli time be allowed by the Department, or be reckoned by tlie insiiector ; but such permission shall not be given by the insj^ector if the absetice of the teacher will, in his judgment, be injurious to the interests of the school ; nor shall this permission be granted to nny master or teacher who fails to report, or who has employed the time hentofore given to him otherwise than in visiting schools, as authorized by this regulation. (.■J.) Visitors Hook. — The master (or teacher) shall keep the visiors book (which is required by law to be furnished by the trustees 1, in which shall be entered the dates of visits and names of visitors, with such reruarks as they may choose to make. The book is to be handed to the visitors for this purpose. [See School Act, sec, 154, cl. (4).] visit \\v. shall ohoil jntel fait! M lap. IX. I various [■efiinis, jctor, or .•ninual fK's ami m, Chap. IX.] PUBLIC SCHOOL TEACHEltS. 63 (4.) Visitors. — Each master or trustee shall receive courteously the visitors ai>i)ointecl by law, and afford them every focility for inspect- ing the books used, and examine into the state of the school; he shall keep the visitors' book accessible, that the visitors may, if they choose, enter remarks in it. The frequency of visits to tht- school by intelligent persons, animates the pupils, and greatly encourages the faithful teacher. Note. — See clause {2) of section 12 of this chapter. (').) Subscriptions, Collections, Presents, ((-c— No collwtion shall lie taken up, or subscrii)tions solicited for any purpose, or notice of shows or exhibitions givcm in any publio school, without the consent of the trustees. NorK. — No master or teacher shall act as a-reiU for any bookseller or other per- son, to sell, or in any way promote tlie sale, for such bookseller or person, of any school library, prize or task Ix)ok, map, chart, school apparatus, furniture, or sta- tionery ; nor receive compensation or equivalent for sucli sale, or for the jiromo- tion of such sale, in any way whatsoever ; nor receive ]M-esents (unles-s presented to them on leavinij the school), nor award, without the permis.-ion of the trustees, medals or other prizes of their own lo the pupils under their char^'w. (School Act, sec. 267.) (G. ) Teachers' Meeti7Ujs. — All masters and teachers in cities, towns ami villages, slmll regularly attend the teachers' meetings, at such times, and under such regulations, as the insj)ector shall dii-ect, and by study, recitations and general exercises, strive to systen>atii:e and perfect the modes of discipline and teaching in the public schools. 11— Decisions of the High Court of Justice in regard to Teachers. (l.) Siijnlnij nn uijrei'ment teith a T<-(trh(i' it a men; (ippruvdl i>f' Itic appoint - mt'iit. — 'I'he Court of Queen's 1 tench has decided that an ins[x.'ct(>r sii;nini;, to- 5,'ether with trustee, a contract with a teacher, will l>e considered as having siijned the same only as ap|)rovinff of the aiipointment, and not as conti-.n.iiiv' w ii!i the teacher. — CaviphtU v. Elliott et o/, Cuiiiiti/ Moikl iSchool, MMIvkiu.. 3 Q. U. K. 167. (2.) TfHHto'H mjr«'iiii)f to furnhh a TnK^her with Fuel must Im^ apf/JliiS to for it. — 'I'he Court of (^)ueen's Bencli has decided that when a teacher ciiarged the trustees upon a special ajjreenient stated to have been made by them, to furnish the said teacher with fuel when reipiired, they could not be charged with a breach of covenant, as a renuest, with time and place, had not l>een stated m the teachers declaration. — AnUrraoit v. l^aiisiltart et at. 5 Q. B. R. 335. (Jttttre by the Court, whether such an ajjreemeul could be enforced ? (3.) Trnnttii' c^tmiol Im diml for Maiicij diiv. — The Court of Queen's Pcnch lias de:idetl that tniitees refusing to give an order to a teacher for the seh(>>l fund, according to their .agreement with him, c.'\nnot be sued for money due, but for the refusal to give the order. (^«i« v. Trmtevn,, Jf, Sayiiiour. 7 (}. H. K. 130. (4.). So rate Cftii he Imposed for the jxtj/inent of iin UuipMlified 'fciirficr. — The Court of Queen's Bench has decided that no rate can legally be in-vposed l)y tru>- tees fur the salary of an un(|ualified teaciier. (Jlucf Snpvrliiteiuknt of' Edtkciitloii, ftjtpellant, in re Stark v. Montague et al. 14 Q. B. K. 473. (5.) Trufitce and Telained of is clearly a privile.Ljcd comnnuiication, tlic inference of nialice can- not be raised upon the face of the ijhel itself, as in other c ises it mi^ht be, but the plaintifT must {jive intrinsic evidence of aciunl exjiress malice ; he must also prove the statement to he false as well as ma'ieious ; and the defeiidnnt may still make out a good defence by jiroviuL; that he had [:;nu.l y;vuiuid to believe the statement true, and acted honestly under [hu persu.i^ion. (^hiivision Court for his salary, upon an agreement, under defendants' corporate seal, by which they I)Ound themselves to employ the powers legally vested in them to collect and pay him ; and upon the common count of work and labour. It ajipeared that he was not a legally qualified teacher, but that he had taught the school iluring the time claimed for. JTeld, that he could not recover : I. Because by C. S. U. C. c. 64, s. 27, sub-sec, 9, as amended by 34 Vic. c. 33, s. 30, defendants were jirohiblted from giving an order in his favour on the local sui>erintendent ; and the latter, by sec. 91, sub-.sec, 3, from giving him a check upon the treasurer. 2. Because, if entitled to [jayment, his remedy would be by maiiiluniK.i, or c. special action, not by an action for money, which was not in the defendants' hand.s. See also as to this ]ioint, Quiiiii v. Sehool Tnisteet;, 7 t^. V>. 130. O'ufre, as to the meaning of 34 Vic. c. 33 .s. 27, 0."—Wr'mht v. The Trustees of School Section No. 3, in the Tow)i.shlp of S/ephen, 32 Q. B. 541. (9.) ProeerdhifjH to Recover Stiltir!rn of Tewlierft. — T)«'clai'ntlon by A teacher ay:ainst defendant, ns sub-trensurer of school moneys, settinij out. tin order sijyned by the local Biipcrintendent of schools in favour of piaintiff upon defendant, as euch sub treasurer, directing iiim to pay plaintiff ^27 80, and charjje to r.ccount of county atifiessment f(»r 18til section, or that tlio countA- council had made pro- vifsioi! to enable him to pay the amount. — Wehh v. I^ahcy, 18 C. 1*. 48. Where an action in the Division Court by a teacher against the trustees was refeiTcil by order of the judire, witii consent of tlitj parties — Held, that the flwnrd couid not be appealed from under iO Vicl.,c. 158, s. 24. Ueimirks ns to defendnnfs remedy by prohibition. — The Chief Super inteudcid of Schools In re JUibtc Mid Sijlmsttr, 15 Q. U. 538. Cha m ther vice cor has »P. IX. Chap. IX.] PCBLIC SCHOOL TEACHERS, (55 there- '9 Q. n Pi-;. It a re- ill" of a I'caiioii, kilil not Jlie liliel |icL' caii- Init the prove ll make itenient etiier a he IVo- 534. Held, on demurrer ' r> the avowry and coj^nizance set out in tlie report, Liint there is no ri;iiis; the duties of teachir lias no legal status as such. — Binnint/ham v. Hniigo-fwd el al., 19 C. P. 411. (lo. ) Contracts with Trii-tfectt. — In an action by a school teacher to recover daniai;;es as for a wrong dismissal, it was shown that the atjreement Jo eni])loy the plaintifT was matle in wriliiij;, under seal and sij^ned by two, of the three school trustees, but not at the same time or at any mecniig of tlie trustees calletl for tiie purpose of transactinj; school laisiness ; — IJcUl, reversing the judgment of the County Court (Haldimaiul), that the agreement was Void under sec. 97 of llic I'ublic Schools Act, which provides that " No act or proceeding of a school cor- poration which is not adopteil at a regular or special meeting of the trustees, shall be valid or binding on any party affecte^l thereby." Lamhkrn y. Thv Sclwul TrmtepH of section No. Three, South Caiimm, 1 A, li. 500. (See School Trudem of the Townahip of llam'dton v. Neil, 28 Chy,, 408, p, 661.) 12.— Miscellaneous Duties of the Public School Teacher.* (1.) To hold Public E,xro[>erty in his possession, on the demand or order of the majority of the trustee corporation employing him. (Jbid. cl. [G].) Note. — ■" In case of his wilfully refusing to do so, he shall be deemed guilty ol a misdemeanor, and shall not be deemed a ciualified teacher until restitution be made, and shall also forfeit any claim which he may have against the said trus- tees." (Ibid. cl. [7].) "As to the control of the te.-icher over the school-house, see decision No. 6, section 1;. chapter ii.. of the Court of (jiieen's IJench, on paye so. t It will be seen by ihisi clau>e of the Act ih.-it " it sh.^ll ['sh.ill' here is imprrativcT be the >\\\:y of every teacher of a school ; (8) To hoUl duri.;g i\ich term a public examniation of his schorl, ' Teachers cannot, therefore, lawfully oniit this part of their duty. * Form of Teaoher'i Circular Notica of th9 daarterly Examination of his School. School Houie of Section No. — Sir,— As reqtired by law, the quarterly examin-itions of my school will be held on clay. ih ; — of ", when the pupils of the school will be publicly examined in the several s\iVi'-' t-^ which they have been taught during the quarter now closinij. The exercises will commence at o o'clock a.m., and you are respectfully requested to attend them. I am. Sir, your obedient eervant, A. B., Ttachtr. To C. D., School Trustee, (or Visitor). Rkmarks.— A copy of the .above notice ought to be sent to each of the trustees, and to as mriny vi.titors of the school as possible. The teacher should address a circular notice to those of them who reside within three miles of his sch 1 )1. H ; is a!si) recjuired to give notice, through his pu- pils, to their parents and guardi:ins and to the nei«hbjurhood, of the examination. I -.■ GU PUBLIC SCHOOL TEACHERS. [Cl.up. IX. / I'* .1- (4.) To furnish Information to the Minister, or Inspector. — "To furui.sli to the Minister of Educution, or to the School Inspector, in the tnist(H's' roport or otherwise, any inlbrmiition which it may he in his pou'cr to give, respecting anything connected with the o[)erations of his school, or in anywise affecting its interests or character." {Tbid. cl. [U].) j^oTE. — (his duty involves tlie preparation of reports and returns, as provideil in clause (6), section 9 of this ciiapter, p. 62, and section 21 of chapter ii., p. 23. 13 —Claim of Teacher for Salary until he is paid.* " Every teacher shall be entitled to be p'\;d at the rate mentioned in his agreement with the trustees (see section 4 of this chapter), even after the expiration of the period of his agreement, nntil the truste(!s pay him the whole of his Siilary, as teacher of the school, according to their engagement with him ;" and including allowance for holidays and vacations, if provitled for in the agreement with the trustees. (School Act, sec. 159.) Note. — This section shall only apply where the teacher prosecutes his claim for salary witliin three months after it is due and payable l>y the trustees. {Ibid.) 14 —Teacher entitled to be paid for teaching days. " Every rjiialified teacher of a ])iil)lic school employed for a perioil not less tiian three mouths, shall bo entitled to be paid his salary in the proportion which the luimber of teaching days, during which he has taught, bears to the whole number of teaching days in the year." (Ibid. sec. 155.) " In case of sickness, certified by fi medical man, every teaclier shall be entitled to his salaiy during such sickness, for a i)eriod not exceeding four weeks for the entire year; which period may l-e increa.sed at the pleasure of the trustees." {Ibid. sec. 158.) 15— Matters of difference in regard to Salary. " All matteis of differerce between trustees and teachers, in regard to salary or other I'emuneration, shall be brought and decided in the division court by the judge of the county court in each county, subject to an appeal as provided by this Act." (Ibid. sec. 150.) Note. — Hy section 4 of tliis chapter, it will be seen that no .ngreement betwejn trustees and teachers, is lawful or binding on the school corporation, unlc-is it is in writiuij and sealed with the trustees' corporate seal. None other can, therefore, be entorced in a court of law against the corpor.ation. (See decisions of the superior courts, in section il of this chapter ; see section 13, also.) 16— Failure to carry out agreement with Trustees. ** Any teacher who enters into an agreement at common law with a board of trustees, atid who wilfully neglects or refuses to carry out * The A>sessment Law does not exninpt a school teacher either from the payment of a tax uprn his saUry (if over $400 per annum), or from the perfurmance of two days of statute labour, if his salary be under $40^1. Chill such be li juris N vinci liabl whel the [;ran in cour whiv ip- IX. Cllilp. X.] SUPERANNUATION OF TEACHERS AND INSPECTORS. 67 — " To Jtor, in y l)e in ittions acter." such ivgreement, shall, on the complaint of any board of school trustees, l)e liable to the suspeusion of his certificate by the inspector in whose jurisdiction he may be engaged for the time bting." {Ibid. sec. IGG.) No IE. — Minister Crooks decided ihat "a scliool toacher possessing a Pro- vincial certificate is in tiie same i)osition as any otiier contracting party, and is lial)le to be sued in damages for refusing to fulfil an agreement. The question whetlier there is a contract or not would depend upon written evidence, signed by tlte teacher, or sent by original telegrai)h over liis signature. Letters and tele- grams will answer if sufficiently uneiiuivocal. The proceedings against a teacher m case of failure to fuhu his engagement could be had in a ilivision or a county court, or in one of the superior courts, according to the amount of actual damages which had resulted from such failure.* SUPERANNUATION OF TEACHERS AND INSPECTORS. Tlie School Act of 1885 contains the following provisions in regard to the superannuation of teaciiers and inspectors : — 1 1)2. Fj'om and after the date of this Act, every teacher or insjiector whose name is ent(!ied as having paid into the fund for the support of superannuated teachers, may contribute to sucli fund in such manner a.i may be prescribed by the Education Department, the sum of at least four dollars annually. 1 !).■>. On the decease of any teacher or inspector, his wife, her husband, or other legal representative, shall be entitled to receive back the fiill amount paid into the superannuation fund by such teacher or inspector, with interest at the rate of seven per cent, per annum. 1U4. Every teacher or inspector who, while engaged in his pi-o- feasion, contributes 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 an allowance or pension at the rate of six dollars per annum, for every year of sucli service in Ontario, njjon furnishing to the Education JDepart- •nent satisfactory evidence of good moral character, of his age, and of tlie length of his service as teacher or inspector. (•J.) 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 api)iying to any j)erson, who, prior :o 1871, had ceased to be engaged in his profession as a teacher, and has not heretofore con- * Any questions .is to legal li.ibility en either side would be removed, i' the form of Teachers' Contraci-Agrcemeut, prepared liy the .'Viiihor of this work, and puli i ,hea by Messrs. Copp, Clark & Co., Toronto, is used. It can be obtained from any bookseller. f 68 SUPERANNUATION OF TEACHERS AND INSPECTORS. [Chap. X. tiibuted to the siiitl fund ; and no payment for arrears shall be leceived after the iirst day of July, 1886. 195. J] very teacher or inspector under sixty years of age who has contributed as aforesaid, and who is disabled from practising liis profession, shall be entitled to a like pension, or local supplementary allowance, upon furnishing the like evidence, and ujjon furnishing to the Eilucation Department from time to time, in addition thereto, satisfactory evidence of his being disabled. 196. Every teacher entitled to receive an allowance from tin' superannuated teachers' fund, who liolds a first or second-class pro- vincial certificate, or a first-class county board certificate, or who is an authorized head master of a high E'*1ioo1 or colK'giate institute, shall, in adilition to said allowance or j)enslr>n, he entitled to recoivn a further allowance at the rate of one dollar per annum for every vear of service while he held such certificate, or while he acted as head master of a high school Or collegiate institute. 197. The retii'ing allowance shall cease at the close of the year of the death of the recipient, and may be discontinued at any Tiiuc should the pensioned teacher fail to maintain a good moral chai-acter, to be vouched for (when requested) to the satisfaction of the Educa- tion Department. 198. If any pensioned teacher or inspector shall, with the consent of the Education Department, resume the profession of teaching or inspecting, the payment of his allowance shall be suspended from the time of his being so engaged. 199. In case of his again being jdaced by the Education Depart- ment on the superannuation list, a pension for the additional time of teaching shall be allowed hin>, on his compliance with this Act, and the regulations of the Education Department. 200. Any teacher or inspector who, having resumed his profession* draws or continues to draw ujton the superannuation fund for any part of his allowance as a superannuated teacher for inspector], sliall forfeit all claim to the fund, and his name shi.U be struck olf the list of superannuated teachers [or ins[»ectoi'sJ. 201. In the case of those teadiers or inspecuors who may not avail themselves of the provisions of section 198 or 207 of this Act, the provisions of sections 198 to 207 inclusive shall apply, so far as relates to all sums of money already paid into the fund for the sup- port of superannuated teachers. 202. Any teacher who retires from the profession, or any teacher, or inspector, who desires to remove his name from the list of contri- butors to the superannuated teachers' fund, shall be entitled to receive back from the Minister of Education one-half of any sums paid in by him or her to the fund, through the public school inspector, or otherwise. pliap. X. Ihali he t'lio JlilS ? Jii.s |nentiiiv liini; to ■liercto, [GO] CHAJPTER XI. RELATION OF INSPFXTORS TO PUBLIC SCHOOL TEACHERS. [Note.— No public school inspector shall, durinjj his incumbency, hold the olTice of trustee of a hii^h or public school, nor act as head master of a hi-,rh school, or master or teacher of a public school. (Sch. Act, sees. iSo and 251.) 1.— Oversight of Public Schools by an Inspector. The School Law requires each inspector of public schools " to see that every school is conducted according to law and the regulations of the Department. (See. 184, cl. [I].) 2.— Inspector's Visitation of Schools. The law requires every county inspi-i-tor " to visit every public school within his jurisdiction once in eaoli term, unless ofcener re- quired to do so by the county council which appointed him, or for the adjustment of disputes, or other j)urpos('." {Ibid, sec. 184, cl. [I].) NoTK. — The regiflations require the inspector to devote., on an average, half a day to the examination of the classes and jnipils in each schooK and to record the result of such examination in a book to \w kept for that I'urpose. He shall also make inquiry and examination, in such manner as he shall tiiink proper, into all matters alTecling the condition and the operations of the school ; (but he shall not 4;ive any previous notice to the teacher or trustees of his visit.) (See Kei^ulalions.) 3.— Authority of an Inspector in a School. The authority of an inspector in a school, while visiting it, is su- preme ; tho master, teachers, and ptipils arc subject to his direction ; and he shall examiiie the classes and pu[)ils, and direct the mastei's or teachers to examine them, or to j)roceed with the usual exercises of the school, as he may think proper, in order that he may judge of tlu' mode of teaching, management, and discipline in the school, as well as of tho progress and attainments of the pupils. 4— Inspector's Procedure in the Visitation of Schools. On entering a school, with a view to its inspection, and having courteously introduced himself to the teacher (if a stranger), or, if otherwise, having suitably addressed him, the inspector shall : (1.) Note in the inspector's book the time of his entrance, and on leaving, the timq of departure from the school. (3.) Examine the general and "daily registers, and other school records, and take notes of the attendance of pupils, number of classes in the school at the time of his visit, ikc. a • I 70 INSPECTORS AND TEACHERS. [Chap. XI. (4.) Observe tlie moile of teivcliing, the manngement of the school, HUtl «,'enerally its tone and spirit : also whether the bearing, manner, and hmguage of the teacher, his command over the pupils, and their deportment at the time of his visit are satisfactory. 5— Intercourse with Teachers and Pupils. In his intercourse with masters and teachers, and during his visit to tlieir schools, the inspector should treat them with kindness and respect, counselling them privately on whatever he may deem de- fective or faulty in their manner and teaching ; but by no means should he address them authoritatively, or in a fault-finding spirit, in })resence or hearing of the pupils. 6.— See to Attendance of Children at School. The inspector should see that the provisions of the School Act, in vegai-d to the rights of every child in the municipality under his jurisdiction, to attend some school, are not allowed to remain a dead letter. Note. — The law requires each township clerk to furnish to the county inspec- tor a statement, annually, of the number of children between the ages of 7 and 13 resident in each school section, and also a statement of the assessed value of the properly in each echool section, and also of the requisition on the council of the trustee board. (School Act, sees. 115 and 117.) 7.— Teachers Visiting other Schools. County and city inspectors shall have authority to allow teachers to visit schools, under the restrictions contained in clause (2), section lU of chapter ix., page G2. 8-— Cheques to Teachers payable to Themselves. Any cheques for school money due a section mxist be made payable to the (qualitied) teacher, assistant, or monitor, or his order, and to no other person ; and no cheque shall be given to stich teacher except on an order signed by a majority of the trustees of the school section. and attested by a lawful corporate seal, and then only for the time during which the teacher has hiild a legal certificate of qualification, not cancelled, suspended, recalled, or expired. (See note to sec. 22, of chapter ii., page 23.) Note. — A form of order, which the trustees should send to the inspector, will be furnished by Messrs. Copp, Clark & Co., Toronto, free of postage, for 5 cents. (See note to section 22 of chapter ii., page 23.) 9.— Oranting Special Certificates. The School Law authorizes every inspector " to give, at his discre- tion, any candidate, on due examination, according to the programme authorized for the due examination of teachers, and subject to the regulations of the Editcation Department, a certificate of qualification to teach school within the limits of the charge of such inspector. -n^" np. XL (;hap. xr.] INSPECTOnS AND TEACHERS. 71 until (but no longer than) the next rognlar meeting of tlie board of oxaminors of which such inspector is a member." (School Act, sec. 18+, cl. 10.) 10— Suspension of Public School Teacheis' Certificates. "The inspector of public schools may suspend the certificate of any teacher under his jurisdiction for inelliciency, misconduct, or a violation of the regulations of the Education Department, or of this Act. In every case of suspension he shall notify in writing the trustees concerned, and the teacher, of the reasons for such suspen- sion." {Ibid. sec. 105.) Note. — Ofiiccra, required by law to exercise their judgments, are not answer- al)le for mistalvcs in law, or mere errors of judgment, without any fraud or malice. 11-— Inspector to Verify Attendance of Pupils. The inspector should see that the aggregate attendance of each school is coi'rectly added up, and dividi^d by the divisor for the half year, and that no lost time is niade up by teaching on Saturdays, or otiier holidays, or vacations. (See chapter xiv.) Under clause (2) of section 11 of chapter ix., teachers may, with the consent of the inspector, employ certain diiys in the year in visiting other schools. In order that the school may not lose a corresponding projmrtion of the school fund, the insjiector is aiithorizfid to add a proportionate aniount of average attendance for time so eini)loycd, or use a smaller divisor. Note. — After having examined and tested the correctness of the return, the insjiector should file aw.iy and carefully preserve it, so that it may be handed over, with other school documents, to his successor, when he retires from olVice. 12.— Check against Incorrect Returns. The half-yearly return of the pupils' names, and number of days in which they attended during each month, will be a check against false or exaggerated returns ; as the inspector can, in his visit to any scliool, take the return with him, compare it with the school register, and make any further inquiries he "lay deem necessary. He should, also, at his visits to the school, take notes in his book of the school tittendance, &c. Note. — The returns, carefully compded, will furnish materials for the statistical tables in the inspector's report, and w II show at what periods of the year the attendance of pupils at the schools is the largest, and how many attend school during two, four, six, &c., months of the year, -*ii iHf^ [72] ■■ ! i I i t CHAPTER XII. SCHOOLS IN UNORGANIZED TOWNSHIPS. 1.— Formation of School Sections in Unorganized Townships. "lu unor^'anized townships in any county or ilistrict it shall Vx: lawful for tho stipendiary magistrate thereof and the public school lnsp(;ctor (if any) of tlie county or district, or for tho stii>endiai'y nuii;istriito alono if there l)e no inspector, and for the inspector aloiu' if tiiere be no stipendiary magistrate, to form a portion of a town- ship, or of two or more adjoining townships, into a school section." {(i) No such section shall, in length or breadth, exceed live miley in a straiglit liiis. (h) Subject to this restriction, the boundaries may be altered by the same authoi'ity front time to tin»o, and the alteration shall go into ojKjration on the twenty-fifth day of December next after such alteration. (c) No such school section shall be formed ejlcept on the petition of heads of families resident therein. (School Act, sec. 41.) 2.— Election of Trustees in Unorganized Townships. After the formation of such 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 tho most public places in the section, to appoint a time and place for a meeting for tho election, as jn-ovided by law, of three school trustees for the section. (Ibid. aes. 43.) Note. — The elections of trustees under this section are to be conducted as pointed out in ch.ipter vi,, page 38. 3.— Powers of Trustees in Unorganized Townships. The trustees elected at such meetings, or at any subsequent school meetings of the section, as provided by law, shall have all the power.** and be subject to all the obligations of public school trustees generally. {Ibid. sec. 44.) Note. — The powers and duties of trustees are fully explained in chapter ii. 4.— School Assessment Roll in Unorganized Townships. The trustees so elected shall anuually appoint a duly qualified poison to make out an assessment I'oU for the section, and shall transmit a certified copy thereof to the stii^endiary magistrate (or inspector). (a) It shall be the duty of the stiijendiary magistrate, or of the inspector, if there be no stijxjndiary magistrate, to examine the said 'tH' Chap. XII.] SCHOOLS is unoroaxized townships. 73 ipa. ball )),: HfllOoI [luliiiry tilone towii- I'tioii." ' uiiley roll, and correct any errors or improper entries which ho shall per- ceive therein. {I hid, sec. 45.) Note. — For explanation in regard to collectors, etc., see ch.^pter iii. 5.— Revision of the School Assessment Roll. A copy of the said roll, as so corrected, sliiiU bo open to inspection by all persons interestcMl, at some convenient place in the seeti(jn, notice whereof, si^'ned by the stipendiary magistrate, or inspector, if there bo no stipendiary magistrate, is to bo annually posted in at least three of the most public place.s in the section, and shall stat(! the place and the time at which the magistrate or inspector will hear appeals against said assessment roll. (//.) Such notice shall be posted as aforesaid by the trustees for at least three weeks prior to the time appointed for hearing tlie apptials. (_I(jid. sec. 4G.) 6— School Assessment Roll Appeals. All appeals are to bts made in the same manner and after the same notice, as nearly as may be, as appeals are made to a court of revision in the case of ordinary municipal assessments, and the magistrate (or inspector) shall have the same powers as suoli court of I'evision. (^Ibid. sec. 47.) 7.— Power of Magistrate or Inspector in Appeal Cases. (1.) The nnigistrate or inspector has ])o\ver "to try all complaints in regard to persons wrongfully ))laced upon or omitted from the roll, or assessed at too high or too low a sum." (Assess. Act, K. S. O. ch. 180, .sec. r>3.) (2.) Oaths to Parlies. — The magistrate, or inspector, may, at his discretiou, administer an oath to any party or witness before taking liis evidence. The oath may, however, be required by the opposite party. {Ibid, sees. 54 and .*>6, cl. 16.) (3.) Suiamoninij Witnesses. — The magistrate, or inspector, may issue a summons to any witness, to i. ttend at the confirmation of the roll, but if he fails to attend (having been tendered compensation for his time at the rate of tifty cents a divy), he shall incur a penalty of $20, to be recoverable with costs by and to the use of any jjerson suing for the same. (Ibid. sees. 54 and 55.) Noi'K. — This penalty can be recovered in the division court, or in any way m which penalties under n^unicipal by-laws eau be recovered. (Ibid.) (4.) Assessment on Real Property. — In regard to real property, the magistrate, or inspector, " after hearing upon oath the coraphiinant," and the party who assessed the property, " and any witness adduced, and, if deemed desirable, the party complained against, shall determine the matter, and confirm or amend the roll accordingly." {Ibid. sec. 56, cl. 15. J .m 'm '::"i- 74 SCHOOLS IN UNORGANIZED TOWNSHIPS. [Clmp. XII. (5.) Assessment on Personal Property. — If tlie party assessed coin- nlnins of an overcliarge on his personal property, or taxable income, he or his a^'ent, may make a dechiration of the true value of ]ior- sona! ])roperty, without deducting ordinary debts (though debts on tlie property itself are to be stated), and of gross income from all sources ; and no abatement shall be made from the amount of income in resj)ect to debts, except debts due for or on account of suoli jkt- sonal property; and the magistrate or inspectoi", shall, thereupon, enter the person assessed at such an aiimniit of per;ional projx)rty, or taxable income, as is specified in such declaration, unless ho shall be dissatisfied with the declaration ; in which case t\w parties concei-ned, may be examined on oath as to "the cnn-ectness of the dechiration," an(i the magistrate, or inspector, "shall confirm, alter or amend the roll, as the evidence shall seem to waiTant." {Ih'id. sec. 50, cl. li.) (G.) Failure of Parties to Appear. — " If either party fails to iipj)oar, eitlier in person, or by an agent, the magistrate, or inspector, may proceed ex parte." (Ibid. sec. 50, cl. 17.) 8.— Confinned School Assessment Roll Binding. The annuid roll, as finally pass(!d and signed bv the magistrate (or inspector), shall be binding upon the trustc^es jind nitepayers of the section until the annual roll for the succeeding year is passed and sigued, as .abresaid. (Sch. Ac";, sec. 48. jiJoTK. — Where any townsliip under the jiiiisdiction of a Township Hoard is iin- ort;aui/,ed, appeals ai;ainst its cerlifu-d assessment roll, made out by a poison ap- jiointed by llic Hoard, shall be tiindc to the stipendiary niaijistrate or jud^je of the ilistrict or county, who has jurisdiction in other matters therein. 9— Powers of Trustees in Unorganized Townships. NoTE.-I'i addition to the jwwers possessed by rural school trustee:- and their duties, as set forth in chapters i. antl ii , pa^'cs 5-23, tiioso in unori^anized town- ships have the following in addition : — The trustees shall appoint some fit and proper person, or one of themselves, to be a collector (who niay also !,•> secretary-treasurer), to collect the rates iniposed by them upon the ratepayers of tiieir school section, or the sums which the inhabitants or otlicMs may have subscribed, or a i-ate-bill imposed on any person ; and j)ay to such colh'ctor at the rate of not less than five or more than ten per centiini on the moneys colh^cted by him ; and every such collector shall give such security as shall be .satisfactory to the trustees, which security shall be lodged for safe keeping with the stij)endiary magistrate or the insjioctor by the trustees. (Ihiil. sec. 51.) 10 —Powers of School Collectors. Every such collector shall have the same powers in collecting the school rate, rate-bill, or suliscripticr.s, v,]\iiV. \v.'. under the same liabili- ties and obligations, aud shall proceed in the same manner ixi Lis Chap. sell 00 cipali Xll Chap. XII.] SCHOOLS i\ un'ouoanizkd townships. 75 |1 coin- feonie, K Jier- Pfc'S on jin all fty, or nil 1.0 prnod^ jtion," 1<1 the 1..) >J>(';U', niav school snction and township as a townshij) collector does in his muni- cipality in collt'.ctin^ij rates in a township or county, as provided in the Municipal Institutions and Assessinent Acts from time to time in force, {/hid. sec. 5.'.) Note. — Tliese " powers" are summarized as follows : — (i.) Under a warrant from the tnntees, tht- collector is autliorised and required to collect the school rates imposeil by them, or the sums which the inluihitants or o'hersJniay h;xve subscribed, and also the school rate bill payabi- by non resi- (1 nts. The trustees are authorized to pay the collector at tht- rate of not less than Jhr nor more than tea ])er cent, on the moneys (""Hected by him. (2.) 'I'lie law i^dves the collector the same po.vers (by virtue of a warrant ':i.;ncd by a majority of the trustees) as a township e tH.— Tho Ciilicitdr is "jnlilloil to his fee on nil mIihoI rales <;iilcml on llic roll when li.iiuUJ to him l>y the trpistces, rvcn slionlil any of the rates lie laid in'.o the triislie-, the s<(ie:ary r teacher in the meantime. He must be careful to proceed in .strict accordance uitli the l.uv in the performance i f his duty. 11.— Certificates to Teachers in New Districts. Any ])ul>lic school iiispecttjr may, under such general remilation.s or instructions as Uiay I.e presci-ihed accortliuj,' to law, examine ami give special certificate's, from time lo time, to teachers in new and remote townships in the county, ritling or division in which lu; is inspector; which certificates .shall ho valid in such townships for the perioils mentioned in tho regidations. (//;«iipen's Bench has decided thi? following case on a ri'iih riii [see iiidexj for horses : /'Ira, — jusiilying tlie taking umlei a warr.vnl lor scliool ;i.\es, and ' 'gmg that they were delivereil by the collector to delendaiit, an imikeepcr, to i ,»e care of until the >«»»«lM«ii-»»;., MMiita SCHOOLS IX UNORGANIZED TOWNSHIPS. [Cliap. XII. ChiU^ sale. J\(p7!c(it!iiv,—%ctl\ng out facts to show the rate illegal, and averring that ]ilaintiff, nfier sci/ure of the goods, at the request of collector and trustees, gave his note for a sum named, (not saying that it was the amount due by him,) pay- able to bearer, which was accepted in satisfaction of the taxes ; that the collector released the property seized, nnd said note is still outstanding, and the idaintiff liable upon it, and that the seizure in the plea mentioned was made afterwards. Jfilil, on demurrer, replica' jn bad ; for, 1st, The collector, acting under a war- Taut legal on the face of it, would not be liable to tress]).ass or trover, and there- fore not in this action, nor the defendant for taking the horses from him to keep ; and, 2iid, Even if the note had been for a sufiieient amount to ]).ay the rate, yet the iniprt)per acceptance of it by the trustees would not prevent them from after- wards distraining. — Spry \. McKeiizie. i8 Q. H. R. i6i. (3.) Extension of (Iwe for coUectivfj School Jintes. — Duration of Collector's anihurltji. — The Court of (Queen's Uench has decided the following case: The time for leving a >eh<)ol tax in the city of Kingston, imjiosufi by by-law in Decem- ber, 1S55, was extended by resolution of the city council, under 18 Vic. c. 21, s. 3, until the 1st of August, 1S5C; and again on the 22nd of Decend)cr, 1S56, to the Isi of March, 1S57. Jltfd, that the collector, who was the s.anie person for both years, might distrain between the 1st of August and the 22nd of December, 1956, although no resolution extending the time was then in force — McLean, J., dissenting. — ^'tivberry Stephenti ct al, CUij of Kimjuton. lO (^. li. K. 65. MiiTi'", — .As .T iloub" was expressed by cue jiidije in this cise as tn the legality of the extension of time, it would he licli> r fur trustees to issue a nnw warrant and take a Iresh bond whenever th.' period mentioned in the bond e.x])ircs. (4,) n'lijht to collert School Taxes after the expiration 0/ the Year, — The Court of ui t of Common I'leas has decided that a collector who coininilted a tfes|)ass while acting under a warrant issued by a competent authority, was entitled t) no- tice of action, and that ib.e action should be brought within six months. — Spry v. Mnniby, et al, Xo. Id, Jiatcdon. 1 1 C. P. R. 285. (6.) School Trustees hare power to levy Bate at any time. — Under the Acts re- lating to i)ub!ic schools, trustees may at any time impose ami levy a rate for school ]nirposes ; tliey are not bound to wait until a copy of the revised assessment roll for the particular year li.as been transmitted to the clerk of the municipality, but may and can use the existing revised assessment roll. — Chiif SuperintvndiiU of Education, appellant, in re J/oijijv. L'oi/ers. 15 C. 1'. \i. 417 (7.) Expenses of the School must he defrayed hy the authority of the T'ru.st''es, (i^d nut hy thf inhahitants theinstlreH. — 'I'he Court of Oueen's Hcnch has decided that IreehoKlers and househoKlers of a school section cannot substitute a volun- tary .subscription among themselves, and a rate ujjon the ]\irents and guardians of c lildren alone, for the whole expenses of the school, instead of the provisions made by law ; and a resolution to have such ])rivate subscri|Hion, which the trus- tees neglected to collect, is therefore no answer to an avowry hy the trustees for a rate levied by them in the usual w.ay. — McMillan v. Jiankinet al, No. I4 Kimj- Mon. 19 Q. H. R. 356. (S.) School Tax upon Parents and Guardians nnlnmfid. — The Court of (.'om- moa I'leas has also decided a similar case ; A general school meeting passed the fol- lowing subscv ('/.'/ !/ the fa replev piiren no au or .11 t)ie that gave J) pay. Iliector llainti/'f hvanis. war- I there- veop ; fe, yet 1 after- "dor's 'Jhe .'cem- ', s. 6, to in for Cliiip. XII.] SCHOOLS IN uxorganize;) townships. 77 li)vviiifj resolution : " That the expenses of the school section 1)C jiaid by voluntary siihscription, antl the balance to be raisetl from a tux to be levied upon ifif jinniiLi C'.'f ijinirdidths of tho e sendinjj children to school." The school trustees, after ilie failure of the voiuitary subscrii)tion, levied a general rate, upon which this leplevin arose— the p.ainlilT contending that he was not liable, as }iot hriixi <' jiiiri'ut or ijintrdian of a cliild attending; the school. Hvlil, that the trustees iiail no authority to tax the parents or guardians of tlio>,e sending children, or to alter or .innul the resolutions ; and that the tenth clause of the tiofitfii-.si'ri'uth section of the .School Act authorized the levy as made.— C'/'(t((/ v. Rankin et ul, JVu. L}, K'ni'isiDH. lo C. P. K. i86. (y. ) Form of, and numfm- of. Signatures to Trmteffi' Warrant. — The Court of Queen's liench has decided that the warrant may be signe•() Stark v. Monldi/ur, 14 O. li. R. 473 ; an ' Tiernan v. Mnniri- P'diti/ 0/ Nepean, 15 Q. H. K. .S7. (11.) Mttmltinni.f mjninit Clerk of a Townnliip to permit Tnitteex to ej-amiho tlie As.'ies.-^nieiit Roll. — The Court of (^)neen's IJench lias decided that where, on ai> applicition for a mandamus, a deni \iul ann(.l issuing in the iLinic of the SovcrtiKti fr dm a "iiipcricir ('■nivt hiivin.L; jiirisilii.:tii)ii, an 1 i> ilirci;ti-il tn suin : |ii;rsoii. corporatiDii, or inferior couri, \< iihin the jiirisdiitioM I'f siiL-h siipurinr cmut, riMiuitiiij; tin in 10 do suinu iiaitunilar ihinn thi-pcin --ii.jcihcd, which .ippert.iins \o their (ifTice ami iluiy.orto siniw cansc why tliey have iiot none it. 1 hi> \\t\t w.c intr;uliice their imlivi lual names. Ilild, by the Court ; — 1st, That the facts atf irded sullKaeat evidence to show tliat the plaintifls v>'ere " inhabitants "' for the purposes of the rate ; and, 'I'hat the jiarties were sutfisiently named on the roll to render the rate lawful ; 3rd, That a demand niaile by the collector on "John .Apjilegarth," named on the roll, wa.^ sullicient to bind all the iilaintiffs. — A'pi>leij(irth et al, v. Or«ihi*oh v. Henry. 17 Q. li. K. 276. (14.) Orcrrnlcd Taxex paid cannot he rerorered hark. — The Court of Queen's r.ench has decided that, if a jicrson overrated jiay iho overrate without remon- strance or compulsion, he cannot afterwards recover it back. — Grantham v. Citii of Toronto, 2 Q. li. K. 475- (15.) Other rn-ie-H cited. — The foUowintj cases amongst otliers also bear upon the question of local municipal rates : liidMlale v. lirnsh, (Roman Catholic Scjiarate School case.) 22 Q. H. R. 122 ; Fraurr v. Puf/e, (general powers, etc.,) iS Q. 15. K. 336 ; Ifolrotm v. Shaw, (who ought to pay thi; taxes?) 22 Q. H. R. 92 ; also S/ii'ire V. Muoneij, 30 Q H. R. 531 ; Jarrin v. Cai/lei/, (error in sale,) 11 (). li. R. 282 ; Coleman v. Kerr, (alHrmiug (3) on p.ige 34,) 27 (^. \i. R. 5 ; Sccret.ivii of War V. Toronto, (lien on land,) 22 i}. B. R. 555 ; Mcliride v. ilardhani. (alTirm- ing (3) above page 34,) 8 (J. I*. R. 296 ; An^jlin v. ^fini■^, (validity of one demand not afTected by change of occupant,) 18 C. I'. R. 170; Berlin v. Gramjr, (non- residents,) 5 C. P. K. 211. Chap Cn.'VPTER XIII. ■1," . 1*'' GENERAL PROVISIONS OF THE LAW & REGULATIONS APPLICABLE TO ALL SCHOOLS. 1.— All Public Schools shall be Free Schools. All " jmblic scliooKs shull be tVeo schools, and every person be- tween the ages of f> anil '1 1 years siiall have the right to attend some school." (Sell. Act, sec. G.) 2.-~BesidentB in one Section sending to another Section. " Any person residing in one school section or division, and send- ing a child or children to the school of a neighbonring one, shall, nevertheless, be liable for the payment of all rate.s as.ses.sed on bis taxable propert)"^ for .school pnrpo.ses in the section or division in which he resides, as if he sent his child or children to the school of such section or division. (^Ibid. sec. 125.) NoTK. — (Children from rural sections attending public schools in cities, towns or incorporated villages shill " be reported as attending the public school of liiB school seclit)n in which tlioy are actual residents." (Ihid. see 203, cl. 2.) .Si-e chapter iv., on " Non-residents," page 31. 3. —Exception as to Supporters of Separate Schools. Nothing in this Act authorizing tlie levying or colh>cting of rates on taxable property for public .scho(^l puipost's shall apply to the .si)2)purter.s of Roman Catholic separate schools. (School Act, sec. 3.) |lU he I'ecn's f-'iiKin- Clh, \n the pa rate L>. H. also |i. K. 7/ "/■ jUrin- (iMiid [noil- Chap. XIII.] GENERAL SCHOOL REGULATIONS. 79 4.— Authorized Text Books to be used. No teacher shall use or permit to be iised as text books any books in a model or public school, except such as are authorizeil by tho Education Department, and no portion of the U>i,'islative or municipal f,'rant shall be paid by the inspector to any school in which unauthorized books are used. {Ibid. sec. 20G.) Any authorized text book in actual use in any public or model school may be cliiinged by the tcaoher of such school for any other authorized text book in the same subject on the written approval of the trustees and the inspector, j)rovi(lcd always such change is made at the beginning of a school term, and at least six months after such appi'oval has be(!U given. {Ihkl. sec. :i07.) In case any teacher or other |)erson shall negligently or wilfully substitute any unauthoriz(!d text book in [jlace of any authorized text book in actual use upon the same subject in his school, he sliall for each such oilence, on conviction thereof Ixifore a j)olice niagistn te or justice of the ]>eace, as the case may be, Im; liable to a penalty -.lOt exceeding ten dollai-s, payable to the niuni(;ipality for public scl ool j)urposes, together witli costs, as the police magi;itrate or justice may think tit. {Ibid. sec. 208.) 5-— Religious Instructions in the Schools. Pupils shall be allowetl to rtjceivo such religious instructions as their parents and guardians desire, according to any geiuual regula- tions provishall be lawful for the School Board or Trustees and clergy ujan of any il'iioniiuation to agree upon an hour of the day at which a oleVgviiian, or his authorized representative, may give religious instnictiou to the pupils of his own church, provided it be not dur- iu>' tiu^ rearular hours of the school. (Ibid.j pCdTi— The Rej,'ul.'itions prescril)ini^ the " Hours of Daily Teaching" provide that tiii-'V sh.ill not exceed six hours in duration, but "a less number of hour;* of artment." [Ibid. sec. 164, cl. 4.) 10.— Penalty for Disturbing Public Schools. " Any person who wilfully disturbs, interrupts, or disquiets tlie proceedings of any school meeting authorized to be held by this Act. or any one who interrupts or disquiets any public school established Chap and by u or h Bcho of t ])ub witl doll thii i nr. |y of 11 ill oil J the It it hof iJi a Ions lur- of the tliat Cliapa. XIV.-XV.] school terms, etc. 81 and conducted under its autlio.ity, by rude or indecent beliaviour or by making a noise either within tiie phico where such school is ke])t or held, so near thfereto as to disturb the order or exercises of the school, shall, for each oftence, on conviction thereof before a justice of tlie peace, on the oath of one credible witness, forfeit and j)ay for j)ublic school purposes to the school section, city, town or village within which tlie offence was committed, a sum not exceeding twenty dollars, together with the costs of conviction, as the said justice may think lit," {Ibid. sec. 250.) SCHOOL TERMS AND HOLIDAYS. The public school year shall consist of two terms: the first shall begin on the third day of .January, and end on the lirst Friday of July; the second shall begin on the third Monday of August, and end on the twent) third day of December. Every Saturday, every statutory holiday, and every day proclaimed a holiday by the muni- cipal authorities in which the scliool section or division is situated, shall be a holiday in the public schools, (School Act, sec. 20 j.) NuTK.— In cities, towns nnd incoipoiated villnjjes the school terms shall be the eanie as the tcrnvs jjie^cvibwl (or liii^h schools. (Ibid.) CB[A.r»TER XV. COUNTY MODEL SCHOOLS. The [county] boanl of examiners shall, under the regulations of the Education Department iuid subject tu the approval of the Minister of Education, set apart at least one school in each county as a county iiiodel school for the tiaining of candidates for third class t»;ichers' certificates, and the county council siiall provides and levy in each year, in aid of each county model school within the limits of the county, an amount at least etpial to the amount apportioned or paid by the Education Department, in sui)i>ort of county model s. liools out of any grant annually voted l)y tlm legislature for that i)urpose, but the amount to be provided by the county council shall not be less tlian the sum of one hundred and fifty dollars in one year, unless the county council should see lit, to provide a larger amount of aid, (^School Act, sec. 174.) ''7*ii^ ' I , V ■ \ I 1'.^ i r I'M m [82] CHAPTER XVI. TEACHERS' INSTITUTES. It slinll be lawful for tlie Minister of Education to apportion out of any moneys voted by the Legislntivo Assembly for the training of teachers the sum of twenty-tivo dollars for every tenchers' institute established under the regulations of the Education Department, and it shall bo the duty of the county or city council of each city or county to pay to the order of the jiresident of each such institute within the county or city, a sum at least equal to the amount so iipportioned by the Minister of Education. (School Act, sec. 175.) CHAP rER :k.\^ii. TEACHERS' ASSOCIATIONS. The following are the Departmental Regulations : — 1. Ohjecta of Ansdciddon. — In each county or inspectoral division a Teachers' Association shall be formed, the object of which shall b(? to rend ])apers and discuss matters having a practical bearing on the daily work of the school room. '2. Officers. — The ofHccrs of the Association shall be a president, v" ;(i-])rcsident, and st'cietary-ireasurer. There shall also be a man- agenici\t committee of live. The ofhcers of the Af^sociation and the management committee shall be elected ann';ally. 3. Mce.tinys. — There shall be at least one meeting of tlie Asaocia- tion each year, extending ov p. u<. ; on tho second day from D a. m. to 12 m., and from 2 p. m. to 4 p. in. 5. Time and place. — The time and place for holding this meeting, and the programme for tho same, shall be ananged l)y the Educa- tion Department on consultation with tho Insjjcctor or Inspectors of the cotinty or divisional Association. A copy of the pmgramnif! should be sent to every teacher in the county or inspectoral division Chap XVII.] TEACIIKRS ASSOCIATIONS. 83 stitiito ^t, and at ItMst DUO month before the time of meeting. Tlio work of tlie Association shall be as practical as possible ; and at every meeting illustrative teaching of classes should form a prominent part of the proceedings. All questions and discussions foreign to tlie teachers' work should be avoided. 6. Township Meetings. — Another meeting, arrangements for whieli should be nuule at the annual meeting of tlie Association, for the county or inspectoral division may be held during the year ; or in lieu tiier(!of a series of Township Associations may be held in the town- ships or union of townships in the county. 7. Teachers to attend. — It shall be the duty of every teacher to attend continuously all the meetings of the Association held in his county or inspectoral division (two days in each half year so spent to 1)6 counted as visiting days) and in the event of his inability to do so, to report to his Inspector, giving reasons for iiis absence. 8. Inspector's diitij, — It shall be the duty of the Inspector to fur- nish the secretary of the Association with a list of tlie teachers in his county or inspectoral division. From this list the roll shall be called at the onening of eaci\ session, lie shall also report to the Dej)aitment on the form prescrilied. 8. The following order of business is recommended. : — First dnjj. — 1. Opening; 2. A ppointnient of committees ; 3. Busi- ness ; 4. Heading and tliscussion of papers ; 5. Lecture in the even in" bv the DoDartmental Director ot Teachers' Association. Second day, — 1. Opening; 2. Receiving reports of committees; 3. Business ; 4. Reading and discussion of papers ; 5. Election of olhcers ; 6. Closing. 10. Director. — The Departmental Director of Teachers' Associa- tions shall attend the annual meeting of each Association, and shall discuss at least three subjects on the programme, and deliver a public lecture on the evening of the first day. ANALYTICAL INDEX. Paoc. ABSENCE of trustee for three months without leave vaostes office .... 7 of teacher 82, 6(> of pupils 6j< ABSENTEES. (See NoN'Kesidkmts), requirement of school law as to children . .•. 54 trustees to compel attendance of children and report 65 power and duty of magistrates as to flr) ACCOMMODATION, atlequate school, to be provided 16, 54 pupil not entitled to admission unless adequate 20 what constitutes a collector entitled to 10 ADJOURNMENT. (See School Mebti.vo.) ACtE at which pupils can attend school 78 AGENT. trustees, teacher, inspector, &c., cannot act as booksellers 80 AGREEMENT : form of, between trustees and teacher 6I> must be in writing (or printed) and under seal 50 signature of local superintendent a mere approval of the 63 AIR, cubic feet for each child 18 ALTERATION. (See Township Council Boundaries, Debt».) of school section boundaries, decision of the Superior Courts in re- gard to 20 by-law for, bad if boundaries are not certainly defined 141 of boundaries no ground for refusal to levy rate 20 in award, effect of 51 ALTERED school section, who are trustees of 8 disposition of property in 17. AMENDMENTS to motions at soh>ol meetings 42 .' ANNUAL Financial Account. (See School Tkustbe.s &c.) Rkport of rural trustees and auditors to be read at annual meeting. . 40 by rural trustees to inspector 23 school meeting to be called 38 fixed for last Wednesday in January 38 order of business in rural school sections 40 rules to be observed in rural school sections 40, 41, 4*.' 7 ■•"■■^mx* ■NRi; ■■■1.:*:: ^, ^\f^V ■> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 1^12)8 |Z5 ■tt IM 12.2 U£ 12.0 m u u U4 6" Photogra]iiic Sciences Corporatton 4 •O' 33 WIST MAIN STRIIT WIISTIII,N.Y. USM (716)t73-4S03 86 ANALYTICAL INDEX. FAOK. t^'- APPARATUS. (.S'ee Text Books, Libraries.) trustees to do what they think expedient in regard to 36 APPEAL, noje to Minister 44 to inspectors in school election complaints 43, 50 to stipendary magistrates or inspectors 73 ARBITRATION. (See Award, Arbitrators.) betweer t.-astees and owner of school site 46 betwet iiii -J trustees and people in regard to site 50 may be superseded before award be made 48, 51 pfoceeu: ms of first on school site 51 adjou nrvr •)' 46 Bumniary .f la? rules in regard to .' 47 costs of ... 48 none unless conti-act under seal 65 ARBITRATORS . (-See Awards. ) constitution of board of 47 must meet to decide about school site, remedy ^. 46 remedy is case parties refuse to appoint 46 remedy in case of the refusal to act 46 who may be 47 county inspector to be one of the 47 duties and power of the 46, 47 must hear evidence 47 cannot delegate their power 47, 48 general rules in regard to 47, 48 making and publishing award . 47, 192 have no power to alter award after making it 51 expenses of, who shall pay. (See Award.) 46, 48 -■ entitled to a per diem allowance. misconduct of 48 must meet for discussion 46 decisions of Superior Courts in regard to 51 ARREARS : of school taxes, how collected 76 of non-resident tax, how collected 26 ASSESSED freeholders and householders 39 ASSESSMENT in unorganized township 74 roll, trustees to have access to 77 ASSISTANTS in schools 5B ASSOCIATIONS, regulations for teachers' 82 ATTENDANCE of Pulils at School : trustees to report to inspector 23 inspector to verify 7I teacher to keep register of 61 inspector to apportion according to average 71 compolaory at school 64^ 55 lAOK. 46 50 51 51 46 47 48 65 47 46 46 46 47 47 47 47 48 48 192 51 48 ANALYTICAL IXDEX. g? , _^_.__ PAGE, AUDIT, trustees to present yearly accounts for 33 43 summary of the law in regard to School Section 35 AUDITORS' rural school report to be submitted to the annual meet- ^"« 33 43 contents of report 40 by whom appointed o., trustees to cubmit school accounts and give information to 34 either of the, to call meeting for examining accounts 33 object of await gg duty of 93 powers of g^ time of audit 33 remedy if trustees neglect to appoint one 33 penalties on trustees refusing information to 34 may summon witnesses take evidence on oath and enforce decisions 34 to remain in office until audit is completed 33 inspector to decide differences between 43 AUTHORITY of inspector in schools 69 AVERAGE ATTENDANCE, the basis of distributing the school fund. . 71 AWARD. {See Arbitration, Arbitrators.) of arbitrators in regard to site to be registered 17 when it can be set aside 48 making and publishing an 48, 189, 193 time and mode of making an : 48, 51 when it is bad 48 51 before being made may be superseded by consent 48 effect of mistake on alteration in 51 when it may be signed by two arbitrators 46, 47 may be re-considered by consent within three months 49 may be referred back when 49 appeal from 64 coet of 48 power of school meetings as to 49, 51, 52 BANKING, acts of by trustees, forbidden 15 BELL, school 22 BOARD and lodging of teachers 56 BOOKS. (Sfee Apparatus, Trxt-Books, Libraries.) pupils must be supplied with 21, 103, 203, 204 authorised text, to be used 22 trustee, teacher, inspector, cannot act as agent for SO BOUNDARIES. trustee placed outside by alteration in 8 BUILDING. {See School Housb.) CALLING school meetings by trustees CASTING VOTE. (*«Voti.) 38 '■m^m^rnmmv- gg ANALYTICAL INDEX. CERTIFI£)ATES for different classes of teachers 70 temporary, may be granted by inspectors 70 CHAIRMAN and secretary to be appointed at rural school meeting .... ,39 duties of, and right to vote 39 penalty on, for not sending copy of proceedings to inspector. ... 41 trustees' declaration of office to be made before 7 {Setf School Meeting Skckktary.) CHEQUES to teachers papable to themselves 70 can only be given so a qualified teacher 70 CLEANING s-jhool house 19 C!LERGYMEN are school visitors 79 entitled to give religious instruction to pupils 79 CiOLLECTOR, appointment and duties of school 26 protection of, in performance of duty 75 committing trespass is entitled to notice of action 76 has the same powers and liabilities as toMrnship collector 75 security, must give bond of 75 feesof 26,74, 75 powers, duties, aud liabilities of 76 duration of authority of 76 can be compelled to make return 75 securities of, when not responsible 75 number of signatures to warrant of 26, 75 form of warrant of 77 fees of, must be included in rate 30 COLOURED PEOPLE, right of admission to school 21 GOMPL.AINTS, to inspectors, to decide upon school election 43 cannot be entertained, unless within tioenty daya-oi school meeting 43 may be decided by inspector 43 COMPULSORY sale of school site 49 attendance of pupils at school 36 CONTESTED ELECTIONS. (See Elkctionb.,) CONTRACTS with teachers. (iS'ee Aokeembkt, School Meetinos, CoRPOBATE Seal.) void unless made at meeting of trustees 65 by tnistecd, between themselves unlawful, except in certain caaes 13 verbal 9, 10 enforcement of 64 CORPORATE Powers, liability of trustees in case of neglect to exer- cise 11, 14 act, trustees, when sued for, entitled to notice., (iS'ee Corpora- Tioss) 11, 16, 16 Seal must be used by trustees in alt official ddts 36 renders contract binding , , 20 must be used in agreements between trustees and teacher 66 170 [70 139 |39 |4I 7 ANALYTICAL INDEX. 89 PAOK. CORPORATION. {See School Trustees.) school trustees to be a, general power of 14 definition of the term jg decision of the courts, in regard to school 15 aggregate, cannot be pubpoenaed, but its members can 15 acts of banking by trustee, forbidden 14 acts of the majority, binding upon the Wt'i^rf'^,^.'^-.j(nc-^.i0(-: m 90 ANALYTICAL INDEX. PAr.r. ELECTIONS, school, who shall call meetings for 3S time of keeping open the poll at 3S mode of trustee 43 of chairman and secretary at school meeting 31) complaint as to mode to inspector 43 notification of, to the county inspector 41 at an ordinary annual meeting 42 in unorganized townships 72 mode of proceeding in contested, in rural sections 43 no appeal from decision of inspector or contested 43 county inspector to decide upon complaints of 43 three trustees to be elected at first, and one afterwards S ELECTORS, school defined. {See School Meetings) 39 EMBEZZLEMENT of moneys by trustees 12 ENLARGING. (SeeiHTE.) ERECTION. (5^e House.) EVIDENCE, on oath before school section auditors 34 on oath before arbitrators 47 EXAMINATION, of pupils each term 65 of schools by inspectors 69 EXECUTORS, as well as testators, liable for rate on non-resident land. . 77 estate in hands of liable 77 EXERCISES in school, religious 79 EXPEDIENCY or lawfulness of trustees' expenditure 35 EXPULSION of pupils 59 EXPENSES, definition of school, in rural sections 22 trustees shall determine school 22 of school to be collected by trustees' authority 27 FALSE declaration of right to vote 39 FEES payable by non-residents 22, 27, 32 collector's 26, 74, 75 FELONY or misdemeanor, trustee convicted of, effect . 7 FENCE round school preaises 17 FINANCIAL REPORT. {See Auditors, Annual Reports.) FINE, for refusal to serve as trustee 7 for neglect of duty by trustee 7 FIRST school meeting, notice in regard to 72 FORM of declaration required from school electors 39 of declaration of ofSce of rural trustee 7 of bond of collector or secretary-treasurer 27 of debentures for trustees* loans 27 of deed for site of a school house, teachers' residence, tec 17 of agreement between trustee and teacher 57, 67 of notice of annual meeting 38 of notice of quarterly examination 65 for taking school census 54 FORM- ANALYTICAL INDEX. 01 FORM— {Continited). of warrant for collection of school rate . , 77 of estimate requisition to council 27 3(» FREE SCHOOLS, establishment of, by statute ' 78 f > ie public school libraries 22 FUEL. (S'feWAKMiNG.) provi«ling, for school 19, 22 trustees agreeing to furnish a teacher with, must be applied to for 6'A charge for, must be provided by rate 4,'j FURNISHING furniture for school house 21 GROUNDS, school house, to be kept in order 19 HALF-YEARLY Rkport to be made by trustees to inspector 23 3(» trustees personally responsible for not making 3(> Visit of inspectors 69 HEATING school house. (See Fuel, Warming.) HOLIDAY'S AND VACATIONS : no deduction can be made irom teacher's salary for legal 60 regulations in regard to 81 every Saturday is a holiday 81 HOUR.S of opening and closing school meetings 38, 41 of teaching CO HOUSE, School, kind of 17, IS form of deed for 17 second in a section 23, 2S not liable to be sold under a judgment 20 care and repair of 19 separate entrance to 18 exempt from taxation 21 contracts, for schorl, require seal 19 submission to elertors of section of proposals for 21 trustees alone may build or rent 19 trustees may levy rate to build 19 not required, may be disposed of 49 warming, sweeping and cleaning 19, 61 trespass on, proper remedy for 20 use of, for other than church purposes 20 renting, repairing, furnishing &c 19 township councils can levy rate for 28 special expenditures for 29 legal decisions, respecting 19 limitations as to expenditures for 29 FoK teacher's hesidekce, provision for 19 ILLEGAL ACTS, of trustees, no rate can be imposed for defending INDIVIDUAL responsibility of trustess. (See Trustees.) // -^vmtf ! 92 ANALYTICAL INDEX. TACT. INJURY to school property 6Q, Gl INSPKCTOR, public school, cannot be a trustee or teacher 56, 6!» duty and general powers of 61) duty and authority of 6!> copy of proceedings of all school meetings to be sent to 44 may call special school meeting 3$ decide school electon complaints 48 no appeal from decision of, to Minister 44 may consent to estabishment of a second or female school 23 trustees to give orders on 23 trustees to make half-yearly and yearly reports to 23 to appoint a school auditor in certain cases 33 may call meeting to select school site 46 to be or appoint arbitrator as to school site 4() to be remunerated for arbitration, &c 46 duty in forming school sections in unorganized townships 72 to furnish township clerk with certain information 90 to be furnished with information by master or teacher 66 not to hold certain offices 69, 80 not to act as agent for sale of books, &;c SO to apportion, but not pay, unless trustees make average return 80 to give cheques to qualified teachers only 70 when orders to be withheld by , 80 to visit each school once in each term 69 not to give any notice of school visit 69 to examine into state of school 69 authority of, in a school 69 procedure in visiting schools 69 intercouse with teachers and pupils 70 gee to compulsory attendance of children at school 70 allow teachers to visit other schools 70 payment to superanuated teachers' fund 67, 6S verify attendance of pupils 71 check by, against incorrect returns 71 appeal from school section auditors 43 to see to observance of lawful regulations 71 to act according to law and regulations 69 to decide disputes 44, 69 may suspend teacher's certificate 71 to give temporary certicates to teachers 70 signing agreement with teacher , 63 decide as to non-residents' liability 32 innpection of schools by 69, 70, 71 INSTITUTES, aid to 81 I it 4 S :i 4 3 13 '3 3 fi () f> 2 I) i9 9 !) [) ANALYTICAL INDEX. 93 J UUtrES), county, to decide in Division Court disputes between trustees and teachers qq application to, and hearing of complaint by, against secretary - treasurer 24 25 LAND taken for school site 4(} LAWFULNESS of school trustees' expenditure ; auditors' duty 35 LEGAL decisions. (See Decisions.) LL^BILIT i[ of school collectors 75 of non-residents' property 26 32 LIBRARIAN, rural trustees to appoint 22 teacher to act as (jl LIBRARIES, trustees to establish in school section 22 trustees may purchase books for 37 fees for chargeable on non-residents 22 LOAN by trustees to be authorized by township council 27, 28 by council to trustees 27, 28 authority to raise a rate to pay off 28 LORD'S PRAYER to be used in daily religious exercises 79 LOST moneys, trustees responsible for ... 34 MAJORITY of trustees, acts of the, binding on the school corporation. . 15 MAKING and publishing an award 47, 48 MANDAMUS, (^ee Wkit of Mandamus.) MASTERS. (566 School Teachkrs.) and Servant Act does not apply to teachers 63 and teacher, distinction between 57 MEETINGS. {See School Meetino.s.) MINISTER OF EDUCATION, no appeal to 44 MIN UTES of proceedings, copy of, to be sent to inspector 41 MODEL school, board of examiners in county may establish 81 established by county board of examiners 81 MONEY. (See School Fund, School Moneys.) lost, trustees' resiwnsibility for 34 may be lent by municipalities to trustees 27, 28 MONITORS in schools 56 MOTIONS qt school meetings should be seconded 42 may be reconsidered or rescinded 41 order of putting 42 MUNICIPAL. (&e Township Council.) accountability of treasurer for school moneys 30 authorities may loan money to school trustees 27, 28 mandamus to corporation 31 NEGLECT of duty by trustee 11, 14 to make verbal declaration of office by rural trustee 7, 35, 42 ■'■■' ■-* '' : -'t-./V^' -^^'^-y.-l i- lis s; ■;i?«^" 94 ANALYTICAL INDEX. PAOE. NEW SCHOOL SECTIONS, magistrate and inspector in unorganized townships • • 7'2 NON-ATTENDANCE of three months will cause vacation of trustees' office 7 NON-RESIDENCE, bar to acting as trustees 7 pupil defined 22, 31 NON-UESIDENTS. {See A^rRBNXicKS, &c.) detiucd 31 collection of fees chargeable on 2(> riglits of 32 authority of trustees in regard to 32 how to proceed against 2l> fees chargeable on 22, 27, 32 goods and chatties of, liable to seizure 2() liability of, if owning taxable property 32 legal decisions in regard to rates of 30, 7*) uncollected rates of, return of 7;) liw relating to, does not apply to separate school supporters 32 lands of 32 trustees to collect rates of 26, 27 inspectors to decide as to distance from school 32 children of, to be returned as pupils in their own section 32 liable in their own section, but may send to any section taxing them 32 Land, executors liable for school rate on 77 NOTES of hand not to be issued by trustees 10 of hand no payment of school rate 75 NOTICE. (See Form.) of annual school meeting 33 of special school meeting , 44 to inspector of the proceedings of school meeting 41 by two electors in case of neglect to call meeting 38 of trustee meetings to all members of the corporation !) of action, individual, trustees and collectors entitled to (See Cor- poration) 11, 15, 1(> of the school visits of inspector shoiild not be given 6'.) OATH, school section auditors may require evidence on 34 OMISSIONS in tax roll, how remedied 73 ORCHARD. (5f!flSiTE.) ORDER, rules of, for school meetings 40, 41, 42 ORDERS for school fund by trustees 23, 36 PARENTS OR GUARDIANS, tax upon, unlawful 76 protection of, respecting religious instruction 79 PAROL, award. (See Award.) ANALYTICAL INDEX. 95 PENALTIES. (5eeRESfONsiBiLiTY.) ON TRU-sTEEa, for refusing to serve as trustee 7 in case of neglect to exercise corporate powers 7, 10 for neglecting to forward to inspector returns 41 for losing school moneys through neglect of duty 34 for refusing information to auditors 34 for signing a false report H for non-observance of regulations 10 on chairman for not sending to inspector copy of school meeting proceedings 40 for false declaration of right to vote at school meetings 39 on secretary.treasurer, for refusing to account 24 on teacher, for refusing to deliver up school property 05 on any person for disturbing a school or school meeting SO PLAY GROUND required 4.') POLICE MAGISTRATE and compulsory education 55 POLL hours at school election 38 POWLK^i OP TRUSTEES. (See School Trustees.) PRE .ENTS, subscriptions, &c., to teachers forbidden 63 PRC CEEDIJ^(JS of annual meeting. (See Meeting.) PROMISSORY NOTES, trustees may not issue 10 no payment of school rates : 75 PROTECTION of trustees, collectors and magistrates 11, 15, 10 PROTEST at school meetings 41 PUBLISHING, and making an award 47, 48 PUPILS, (^ee Examination, Teac'iers.) resident, between 5 and 21 to be admitted to school 17 non-resident, where to be returned 31 suspension of, by teacher 58 expulsion of, by trustees 59 to be classitied 59 not obliged to attend religious exercises 79 trustees cannot be compelled to admit unless accommodation ade- quate 21 QUALIFIED TEACHERS only to be employed 36 truseees' orders to be given to, and to no others 23 definition of the term 10 RATEPAYERS. (5'ee School Meeting.) consent of, not necessary for school rates 28 RATES, school and collector's, legal decisions respecting 75 e< aeq. trustees may levy at any time 76 who are liable for 78 for what, may be collected 29 note of hand, no payment of 75 collector shall call for 27 90 AXALYTICAL INDEX. PACE. HATES— {Couliiinetl). on non-residenta, how collected 2ti on parents and guardians, except of non-resident children, unlawful 70 cannot bo levied to pay unqualified teacher G3 unpaid, how obtained 74 application to township council to collect 29, 30 on supporters of separate schools 78 cannot be levied to defend illegal action or excessive interest .... 78 cannot be levied, trustees' clain> (exception) 29 requisite of warrant for 77 trustees', mode of collecting 77 extension of time for collecting 75 form of warrant for collection of 77 overdue may be collected by trustees 70 non-resident, uncollected, how obtained 26, 27 testator's estate liable 'or in executors' and devisees' hands 77 application for, to be made to council before August 30 vote of payers of, unnecessary 28 mandamus for ; 31 (See SfnooL Trustees, Township Council.) KEOONSIDER MOTION, at school meeting 41 REFUSAL to act as trustee (See Trustees, Penalties) to account 34 REGISTERS (.^ee Teachers, School Trustees), school trustees to pro- vide 23 REGISTRATION of title to school site 17 REGULATIONS, SCHOOL : penalty for non-observanse of 10 RELIGIOUS Instruction, children to receive such, as parents desire. ... 79 pupils not required to attend 79 regulations with respect to 79 weekly, by clergyman 79 Exercises, opening and closing each day 79 RENTING. (SeeHovsE.) R EPAIRI NG school house authorized 16, 19 REPLEVIN (See Decisions), definition of 51 REPORT. (See Trustees, Auditors, li'SPKcroR.) " REQUIRED, When no lonokr," phrase explained . . 49 RESCIND resolution of former school meetings 44 RESIDENCE, trustees may erect teacher's 19 township council to raise money for teacher's 27 RESIDENT. (See Non-residents, School Rates.) definition of, and non-resident 31 and non-resident rates 22 pupils between five ahd twenty-one to be admitted to schools .... 17 scliool accommodation for, children 17 AJfALYTICAL INDEX. 97 PAOK. RESIGNATION of office by trustee provided (r 7 UKSOLUTION {See School Mkbtinu.) RESPONSIBILITY, PERSONAL. (See Prnmtt-^ Decisions, TRtrs- TEES, TbEASURER.) RETIREMENT of school tnistees 9 RETIRING TRUSTEE, power of '. u RETURNING OFFICER, duties of, at school elections 39 penalty on, in certain cases 3<) RIGHT to vote. {SeeVorv.) of children to attend school 54 ROLL, assessors .ui.l c lUectors'. (See Collector.) 28 ROMAN CATHOLIC SEPARATE SCHOOLS. (See Separate Schooi, ) ROOMS, size of school 18 RULES OF ORDER for rural school meetings 40, 41, 42 SALARIES. (S«e Teachers, Inspectors.) HALE of school site and premises authorized. (See Site. ) SATURDAY, every, is a holiday 81 SCHOOL, all free 78 , must be kept open by trustees 9 who has right to attend 78 additional 23 Arbitrations. (See Awards, Arbitrators. ) AssiasMENT. (See County and Township Council, School Trus- tees. ) Special township for school 29 Books, (.^ee Books, Text Books.) Collectors. (See Collectors. ) Corporation. (Sec Corporation.) Elections. (See Elections.) Electors who are and form of declaration required from 39 Expenses, how provided for 21, 27 how provided for in cities, towns and villages 76 trustees, sole judge of expediency of 35 FEE.S. (-SecFEiffl.) Fund, qualified teachers only entitled to ,. 23 may be withheld, unless regulations are complied with SO what are lawful 35 responsibilities of certain parties for loss of. (See Penalties. ) House. (iJec House, School Trustkks), decisions respecting.... 19, 195 holidays 81 restrictions on use of 19 care and repair of 19 Libraries. (See Libaabies.) Meeting, aimual, when held and time of day 38, 41 electors at, defined 39 chairman at • • • 39 r''^}^''>^':^m^^:0§m3 &l^^a!E??^«sSi.8^ffiSEi mass^ :. 98 ANALYTICAL INDEX. PACK. SCHOOL Meeting— (Con<»rt«erf). chairman, duties of 39 secretary duties 39 secretary, duties of 40 power of as to awards 49 first ill new school section 40 three trustees to be elected at first 42 trustees, declaration of office 42 order of business and rules to be observed at 42 mode of putting motions and of recording votes at 40 adjournment of annual or special (difference) 41 copy of proceeding of, to be sent to inspector 41 special meeting may rescind resolution of 44 may reconsider motions at 41 what a special meeting can do 44 trustees to present report at annual 42 auditors to be appointed and to report at annual 42 why are and who are not legal voters at 39 declaration required from voters 39 protest at 41 trustees to give public notice of every ordinary 3i mode of calling a special 44 mode of calling when not called by trustees 38 may be called by inspector 38 to select school site 45 plaee of annual, to be appointed by the trustees, &c 38 penalty of trustees for not calling certain 11 complaints cannot be entertained unless made withia twenty days . . 41 penalty for disturbing : ^ 80 what school meeting cannot do 44, 51 {See Auditor, Chairman, Freb Schools.) Moneys. (See Penalties, Secretary-Treasurer, Trustee.) Notice. (5ee Form, Notice.) Premises, (5ec House.) ' Property, trustees to acquire and hold 16 vests absolutely in school corporation IG Rates. (-See Rates. ) Register. (See Rfoisters.) Section Auditors. inspector to decide difference between 43 Sections. (See Alteration, Union Sections, Township Council.) altered school, who are trustees of 8 liability of original, for its debts 8 Site. (^SeeSiTE.) Tax on parents and guardians unlawful 7C Teacher. (St/e Teacher.) SCHOC Ter] Tru Dui ANALYTICAL INDEX. 99 PAOK. SCHOOL— (Con^?f ■ 102 ANALYTICAL INDEX. PAOB. SITE— {Contintted). wlien rural trustees must obtain approval of meeting before changing old, or when school section established 12, 45 mistake in conveyance of 53 mode of selecting or changing by special meeting 49 county inspector may call meeting for selecting 46 when rural trustees must consult constituents in selecting 46 meeting cannot adjourn without action 45 failure of meeting to appoint arbitrators 46 where trustees fail to call menting as to 46 arbitration in, may be superseded before award made 57 arbitrators must meet to determine 46, 47 remedy when parties refuse to appoint arbitrator on 46 remedy in case arbitrators should refuse to act 46 arbitration on, when invalid 48 power of arbitrators on 40 decisions of the Superior Courts in regard to 51 township council may purchase or dispose of 51 reservation for school site building 53 action against trustees in regard to .... 53 {Sse Arbiteation, Award.) SIZE of school site 18 of school rooms 18 of school house to be determined by school trustees 19 SUBPCENA, corporation cannot be summoned by ; its members may 15 SUPERANNUATED TEACHERS AND INSPECTORS, provisions as to. 67 inspectors' and teachers' payments to fund for 67 municipal councils, public school board, or board of education may aid 67 amount representative of teacher entitled to 67, 68 amount teacher retiring 67, 68 provision as to superannuated teacher resuming his duties 68 SURE'TIES. ((See Security), when and when not responsible 25, 30 SUSPENSION of teachers' certificates by inspectors 71 of pupils by teachers 68 SWEEPING school house, and fire, trustees to provide for 19, 61 TAXATION, school house and site exempt from 21 school library property exempt from 22 TAXES. {See Rates.) TEACHERS, Public School, {See Superannuated Teachbbs.) who are qualified 66 powers and duties of 67, 69, 60, 66 legal decisions respecting 68 trustees or inspectors cannot be 66 cannot sue for trespass on school house 20 assistant and monitor when to be employed sg I ANALYTICAL INDEX. 103 TEACHERS— (Con trustee to employ qualified, only 23, 30 no rate can be imposed for payment of unqualified 63 certain agreements with, invalid 64 qualified, only entitled to school fund 23 decision respecting trustees agreeing to furnish fuel to 63 inspector signing contract with, is a mere approval of it 68 Master and Servant Act does not apply to 68 cannot sue trustees for school fund but for order if so agreed 68 order to be given to qualified only 2:^, 36 township council may authorize provision for residence of 27 duty as to school library 61 to teach according to law and regulations 59 to keep and give access to school registers 61 to classify pupils 69 distinction between masters and 67 power to suspend pupils 68 power to expel pupils 59 when to be in their schools 60 is bound to fulfil agreement to teach, <&c 66 religious teaching 79 institutes 81 associations 82 mandamus for rate for salary 64 enforcement of agreement with trustees 64 proceedings to recover salary 64 duty with regard to school premises 60 absence and sickness of 62, 66 visiting other schools 62 presents, subscriptions, Ac, to, forbidden 68 teachers' meetings 63 shall not act as agent for sale of books, &o 80 representation of character of, privileged 6* to maintain order and discipline 88 to give access to registers' and visitoTs' book 62, 65 consequence to, of refusing to give up school house key, Ac 65 to hold public examinations, and give notice 65 form of notice of examination 66 to furnish information to Minister and to inspector 66 to report half-yearly to inspector 28 protection of in regard to salary ■'** i; U 104 ANALYTICAL INDEX. PAGE. TEACHERS— (Continued). cheque must-be made payable to 70 inspector may suspend certificate of 71 matters of difference with trustees to be decided in division court. . . 66 TEACHING hours, number of, in a day , 60 TERM of office by trustees 8 school, length of 81 TESTATOR, executor as well as, liable for rate on non-resident land 7Y TEXT-BOOKS: provisions of the law in regard to ■ 22 pupils roust be furnished with 22 trustees and teachers to permit no unauthorized 2, 78, 79 may be purchased and charged for 22 TITLE to school property is in trustee corporation 16 necessity for proper 16 registration of , 16 TOWNSHIP AssEssoK. (See Assessor ) collector. (See Collector.) Clerk, to allow trustees to copy assessor's roll 77 mandamus to compel, to give trustees access to assessment roll. 77, .35 Council 29 application to 29 to pass by-law acquiring and disposing of school property 51 may purchase site and build school house 6) raising school moneys 27, 28, 29 must levy and collect the sums desired by the trustees 26 may levy special assessment 28 must issue debentures for loan 29. 80 may raise money for teacher's residence and school purposes 27 may not levy more than one rate in the year in certain cases 28 meeting in August, trustees' application for rate to be made at SO maximum rate of interest to be paid by 29 Unorganized. (See Secretary-Treasurer.) orders on, illegal circulation of. 16 liability of sureties SO TREES and plants, Ac, on school site , 18 TRESPASS, suit for, trustee entitled to notice of action H, 15, 16 trustees, and not teacher, to sue for, on school house 20 TRUSTEE. (See School Trustee.) UNORGANIZED TOWNSHIPS, schools in .' 72 formatton of school section in 72 Bize of school sections in 72 election and powers of trustees in 72 school assessments in 78 duty of stipendiary magistrate and inspector in 72 UNORG.^ rev api po de unqua: VACAN< VACAT] VACAT VERBA VISIT t t t VISITC VOTE. i VOTIl war: WAR WITl WOO WRV WB «'1 ANALYTICAL INDEX. 105 PAOE. UNORGANIZED TOWNSHIPS— (Con- **l ■■■' k: -4- LECTURE ON TEACHING, UELIVBRBU IN THE UNIVERSITY OF CAMBRIDGE, J. G. FITCH, M.A. SIXTH EDITION. LIST OF BLANK FORMS FOR PUBLIO SCHOOLS. School Deed (with Dower) ," Township Debenture for Trustee Loans (with Coupons at- tached) Teachers' Contract- Agreement with Trustees Trustees' Estimate and Requisition on Municipal Councils for School Moneys Bond of Collector of School Kates (endorsed) Bond of Secretary-Treasurer (endorsed) Public School Rate Roll (with Trustees' Warrant) Trustees — 1. Order on Inspector ; 2. Teacliers' Receipt to Trustees ; 3. Inspector's Cheque on Treasurer (the three on a sheet) Trustees' Notice of Annual School Meeting (three on a sheet) Trustees' Notice of Special School Meeting (tliree on a half- sheet) Directions how to conduct School Meetings (on sheet) Directions in regard to Arbitrations and Awards (on sheet).. Public School Teachers' Interim Certificate (two on a sheet). Assistant Public School Teacher's Special Certificate (two on a sheet) Public School Monitor's Special Certificate (two on a sheet). Return of Names and Residences of all Children of School Age in a School Section or Division per sheet. i^O 20 15 3 5 5 5 5 5 5 5 5 10 10 5 5 5 SCHOOL HOUSE ARCHITECTURE. BY DR. J. GEORGF HODGINS. PRICE, $2 25.