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Maps, platas, charts, ate may ba fiimad at diffarant reduction ratioa. Thoaa too larga to ba antiraly included in ona axpoaura ara fiimad baginning in tha uppar laft hand comar, laft to right and top to bottom, aa many framaa aa required. The following diagrama illustrate the method: Lee cartes, pianchea, tableaux, etc., peuvent Atre film4e A dee taux de rMuction diffirents. Lorsque le document eet trop grand pour fttre reproduit en un seul clichA, il est film* i partir de Tangle supArieur gauche, de gauche i droite, et de haut en baa, wn prenent le nombre d'imeges nAcesseire. Lee diagrammes suivants illustrent le m*thode. 1 2 3 1 2 3 4 5 6 JS^/nAf^ - AN \ ACT 7 7466 /i rOR THX ■\^ » BETH ESTABLISHMENT AND MAINTENANCE or COHM O.N SCHOOLS I \ m UPPER CANADA. *..-.*' r *»fy : ^A.*. '1 / * . iftontrcal; , PRINTED I STEWART DERBfSHIRE 4t GEORGE DESBARATS, Printer to the Queen's Most Ex«i^l Majes^. Hi 1846. i Va. i: ' •• ■ ,>'. .^.•v^^ r , A y-r t ) 1.'. • 1 '■ rv ( An Act Comn part of thi lishment ' enacted b; advice am Assembly virtue of i of the Uni Act to re for the I the authoi by Letters fit and p Canada, i intendent currency, amount ol in that pa towards tl called Lo five pounc penses of ^•, 'A\\ f 74G7 ANNO NONO. VICTORI.^ REGIN.E. CAP. XX. An Act for the better establishment and maintenance of ; Common Schools in Upper Canada. I23rd May, 1846.] WHEREAS it is expedient to make provision for the better Preaiabl*. establishment and maintenance of Common Schools in that part of this Province formerly Upper Canada, and also for the estab- lishment of a Normal and Model Schools therein : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kinij;dom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, that the Governor may, from time to time, by Letters Patent, under the Great Seal of the Province, appoint a fit and proper person to be Superintendent of Schools, in Upper Canada, and to hold his office during pleasure ; that the said Super- intendent shall receive a Salary not to exceed five hundred pounds. His salary, currency, per annum, and to bear such proportion to that sum as the amount of public moneys paid towards the support of Common Schools in that part of this Province called Upper Canada, bears to that paid towards the support of Common Schools in that part of this Province called Lower Canada, and shall be allowed one hundred and seventy- Allowance for fii'e pounds, currency, per annum, for a Clerk, and the contingent ex- ^ ^^'"^ *"** ^ pensi'S of his offico. to he hv him accounted for, as provided in re'=n*^ct ..•.,:•=-•? Chief Super- intendent of Common Schools ap- pointed. /I 7468 of other public officers ; and that the said Superintendent shall be sub- ject to all such lawful orders and directions, in the exercise of his duties, as shall from time to time be given by the Governor of tiiis Province. Doty ofSuper- jj. And be it enacted, That it shall be the duty of the Superinten- mtendent. jent of Schools ; To apportion First, After deducting certain sums as hereinafter provided, to ap- inoneys arising portion, on or before the fifteenth day of April of each year, all moneys Schoo?Fund" appropriated by the Legislature for Common Schools in Upper and in what' Canada for sucli year, according to the ratio of population in each ^^°' District, Township, Town or City, as compared with the population of Upper Canada, or if he shall think it expedient, in case of a defec- tive Census, according to the ratio of children residing in each, over the age of iive and under the age of sixteen years, as stated in the last Annual Reports of the District Superintendents. To notify the Secondly, To certify such apportionment made by him to the In- apportionment spector General, so far as it relates to the several Districts in Upper tocertain o - QqjjjjJj^ . aj^j, ^q gjyg immediate notice to the Superintendent of Schools in each District, stating the amount of moneys apportioned to bis District, and to each Township, Town and City therein. To prepare forms and re- f;alation8, and iirnish copies thereof and of this Act to District Super- intendents. Other duties. Due applica- tion of moneys. Complaints submitted to bim. Selection of Books. Kormal SchooL Thirdly, To prepare suitable forms and regulations for making all Reports, and conducting all necessary proceedings under this Act, and to cause the same, with such instructions as he shall deem necessary and proper for the better organization and government of Common Schools, to be transmitted to the Officers required to execute the pro- visions of this Act, copies of which forms, regulations and instructions, as also copies of this Act shall be furnished by him to the several District Superintendents, for the use of School sections, as occasion may require. Fourthly, To see that all moneys apportioned by him be applied to the purposes for which they were granted. Fifthly, To decide upon all matters and complaints which may be submitted to him by parties interested, under the operation of this Act. Sixthly, To discourage the use of unsuitable and improper books in the Schools or School Libraries, and to use all lawful means to provide for and recommend the use of uniform and approved text books in all the Schools. Seventhly, To take the general superintendence of the Normal School, as soon as one shall have been established. i Fir; f urn is! to tim good g pupils of sue! shall TeachI other objectij Set books, to thei 74G9 I be sub- s duties, rovince. )Grinten- (1, to ap- 1 moneys Upper in each opulation f a defec- ach, over >d in the :i to the In- in Upper endent of )rtioncd to 1. making all s Act, and 1 necessary Common ite the pro- istructions, ihe several as occasion be applied lich may be ition of this roper books ul means to proved text the Normal Eighthly, To prepare, as soon as practicable, and recommend the ?'V*',**/ adoption of suitable plans of Schoc! Houses, with the proper furniture '^ '^ °"**' and appendages. Ninthly, To use his best endeavours to promote tlio establishment School Librt« of School Libraries for general reading in the several Districts and ricf. Townships of Upper Ca*nada, and to furnish every information ne- cessary, as far as he shall be able, as to the regulations of such insti- tutions and the books most suitable for them. Tenlhly, To employ all lawful means in his power to collect and Diffusion of diffuse information on the subject of education generally, among the information* people of Upper Canada. Eleventhly, To submit annually to the Governor of this Province, Yearly reports on or before the first day of August in each year, a report of the actual state of the Normal, Model and Common Schools throughout Upper Canada, shewing the amount of moneys expended on such Schools, and from what sources the same have been derived, with plans for their improvement, and such other statements and suggestions relating to education generally as the said Superintendent may deem useful and expedient, in order that the same may be laid before the Legisla- ture at the meeting thereof next following. III. And be it enacted. That the Governor shall have authority to Governor mar appoint not more than seven persons, (of whom the Superintendent of appwnt Board Schools shall be one, to be a Board of Education,) who shall hold uc****"* their situation during pleasure, and shall be subject to all lawful orders and directions in the exercise of their duties which shall from time to time be issued by the Governor, and whose duly it shall be, in con- junction with the Superintendent of Schools — First, To adopt all needful measures for the establishment and Duties of Uw furnishing of a Normal School for Upper Canada, — to make from time ^***'^ to time all needful rules and regulations for the management and \^^^^^^' good government of such School — to prescribe the conditions on which * pupils shall be received and instructed therein, — to select the location of such School, the terms and conditions on which buildings therefor shall be procured, — to determine the number and compensation of Teachers and others who may be employed therein, — and to do all other lawful things which they may deem expedient to promote the objects and interests of such School. Secondly, To examine and recommend or disapprove of all Examination books, plans or forms which may be submitted to them with a view of Book*, to their use in Schools : and no portion of the Government Grant shall / M 7470 be given in aid of any School in wliich any book is usetl wliicii has been disapproved of by tfie Board, and of whicii disapproval public notice shall liave been given. Advising with Thirdly, To aid the Superintendent of Sciiools with their counsel j^P"'"^'''*' and advice on ail questions, and on all measures which he may submit to them for the promotion of the interests of Schools and for the dilfusion of useful knowledge among the people of Upper Canada. Meetings of Board when and where to U held. Three mem- bers to form a quorum. A Normal School to bo established. Salary of Teachers in ihc said School. Council of each District may appoint persons to bo District Su- perintendents. Proviso, IV. And be it enacted. That the meetings of the said Board shall be held at some place whicli shall be provided by the Superintendent of Schools ; and that the first meeting of the Board shall be called by the Superintendent of Schools; that the said Board shall appoint a Chairman, and the times of its meetings ; that a special meeting may be called at any time by tiie Superintendent of Schools, by giv- ing due notice to the other members ; that at all meetings of tlie Board duly called, throe members shall form a quorum for the tran- saction of business; that the Clerk in the Education OITice shall be the Recording Clerk to the Board ; and shall enter all its proceedings in a book to be kept for that purpose ; and that the expenses attend- ing the proceedings of the Board shall be accounted for as part of the contingent expenses of the Education Oliice. v. And be it enacted, That as soon as practicable, there s])all be established a Normal School^ containing one or more elementary Model Schools for the instruction and practice of Teachers of Com- mon Schools in the science of education and art of teaching, accord- ing to such regulations as are hereinbefore provided for, and which shall be approved by the Governor in Council, and that a sum not exceeding one thousand five hundred pounds, be expended by the Board of Education in procuring and furnishing suitable buildings for the said Normal School ; tiiat a sum not exceeding one thousand five hundred pounds per annum be allowed for the salaries of Tea- chers and all other contingent expenses of the said School ; and that detailed accounts of the expenditure of all moneys for the establish- ment and support of the said School shall be annually transmitted to the Governor, through the Superintendent of Schools, to be laid before the Legislature. at their shall be ! VII. of each trict Suf VIII. receiving certified Comraor delay, a purposes, , of imposi tion) to such sun of the sa proper d as any o ' District S .; law for t IX. A cause ea , City in 'sections may be dcscrii)ti( * be forth) ' tendent X. Ai shall ha\ J any sum jof Scho( ^ the proc J purposes .said Dis School SI VI. And be it enacted, That the Council of each district shall .^always have authority to appoint a proper person to be District Superinten- dent of Common Schools who shall hold his office during pleasure ; Provided always, that in case the Council of any District shall neg- lect or refuse to recommend the appointment of a District Superin- tendent at any meeting of such Council during the present year, or any Sch( ^they ma 1 School the title appurten 7471 'liich lias il public r counsel lie may s and for Canada. aril shall iitondent De called I appoint meeting s, by giv- igs of the • the tran- i shall he •oceedino's ics attend- lai't of llie re shall be dementary IS of Com- g, accord- and which a sum not ded by the iildings for e thousand es of Tea- ; and that 3 establish- transmitted to be laid istrict shall superinten- pleasure ; ; shall neg- ;t Sunerin- nt year, or at their first meeting after the occurrence of any icancy, shall bo lawful for the Governor to make such apjiointm-jnt. then it VII. And he it enacted, That it shall be lawful for the Council f,-,!"|„trh;* of each District, by By-law, to provide for the salary of the Dis- tcndcnttobe trict Superintendent. VIII. And be it enacted. That the Council of each District, on receiving from the District Superintendent of Common Schools, a certified copy of the apportionment of the Legislative grant in aid of Common Schools in their District for the current year, shall, without delay, cause to be levied such sum of money, for Common School purposes, as they shall see fit, and within the limit of their powers of imposing taxes, and at least equal (clear of all charges of collec- tion) to the amount of public moneys apportioned to such District, such sum, within tiie limit aforesaid, to be increased at the discretion of the said Council ; and the sum so to be raised shall be placed on the proper Collector's Rolls, and shall be collected by him in like manner as any other tax for such District, but shall be paid over by him to the District Superintendent of Common Schools, within the period fixed by law for the payment of rates collected to the Treasurer in each year. Crovidedfor by y-law. District Coun- cil to caufc to be levied, for School purpo- acs, a. sum of money in each District at least equal to amount of pub- lic money ap- portioned to such District. District Coun- IX. And be it enacted, That the Council of each District shall cause each Township, or parts of adjoining Townshi))s, Town or oil todivrde . City in such District, to be divided into a convenient number of Townshira sections and parts of sections to be numbered and described ; and which sections."*' may be altered at the discretion of the Council ; and a copy of the descriptions and numbers of such sections and parts of sections shall ■ be forthwith furnished by the Clerk of such Council to the Superin- ' ^ ' tendent of Common Schools for the District. i X. And be it enacted, That the District Council in each District And may levy shall have authority within the limit aforesaid, to cause to be levied sums of money J any sum or sums of money which may be required for the purchasing School sites, jof School sites, and the erection and furnishing of School Houses, &c. ^ the procuring of residences for Teachers, and for Common School J purposes generally, in such District, and upon the inhabitants of the ■ said District generally, or on those of any particular Township, .^School section, or other locality, as the case may require; Provided Proviso. .J always, that this shall not be construed to prevent the inhabitants of ... .any School section or Township from adopting any voluntary means ^they may deem expedient to purchase, erect, furnish, or repair any .School House or residence for the Teacher : Provided always, that ^the title to any Common School House and the land and premises appurtenant thereto, now vested in Trustees or other persons, to and A 747^ B for the use of any Common School, or hereafter to bo purchased, acquired and conveyed for such use, shall be vested in the District Council of the District in which such School Houses and lands are situate, in trust for the use of such Schools, respectively. District Coun- XI. And be it enacted, That where, under or hy virtue of any aniour.7h» pay Act of the Legislature of this Province for the establisliment or for any Wthool maintenance of Common Schools, any School House shall have hougenotyct been erected which, from any cause whatever, shall not have been paid for to the person or persons entitled to the same, and tor which a rate shall not have been assessed upon the School section, (or where such rate shall have been imposed but has not been collected) in which the same was so built, it shall and may bo lawful to and for the District Council of the District in which the same is situate, to levy hy assessment, a rate u[ton the inhabitants of such School lec- tion sulhcient in amount to pay the same. Ditttrict Super- intendent to give security. XII. And be it enacted, That each District Superintendent, ajv pointed as hereinbefore provided, shall, before he enters upon tho duties of his office, enter into bonds with two or more sufficient sureties, to such an amount and in such form as may be required bj the Council of the District, for the faithful peiformance of the duties of his office. Duties of Dig. XIII. And be it enacted. That it shall be the duty of each District tendenT""" Superintendent of Common Schools : i To transmit to Clerk of Dis- trict Council copy of appor' tionment of money to be distributed in the Difitrict. To apportion School funds among the School sections according to ratio of chil- dren over five and under six- teen. Firsty To transmit to the Clerk of the District Council, to be laid before the Council, a certified copy of the apportionment of School money to be distributed in the District, as soon as the notice of the said apportionment shall have been received from the Superintendent of Schools. Secondly^ As soon as he shall receive from the District Clerk • notification of the amount of money required by the District Council to be raised by tax, to add that amount to the Government appor- tionment, (which two sums added together shall constitute the District School Fund for the support of Common Schools in such District,) and to apportion the said fund among the several School sections^ entitled to receive the same, according to the ratio of children ovet five and under sixteen years of age in such sections respectively, a ' compared with the whole number of children of the same ages in ead Township, Town, or Cily, and in the whole District, and to notifj! the .same to the Trustees of each School section in the District, sc ' far as they are respectively concerned. for tel acter,! qualiil cate, or ag| mon alwaj when! ofScf be gJ 7473 » \!l mrdiased, 10 District lunils are lue of any sliment or shall have have beea tor which , (or where llected) in to and for situate, to School iec- tendent, »[>• ers upon the )re sufficient I required bj of the dutiei each District cil, to be laid ent of School notice of the uperintendent strict Clerk • strict Council rnment appor- te the District jch District,) chool section! « children over spectively, a; ; leages in eacl , and to notiff' le District, sc Thirdly, To pay to any Teacher or his agent, on any order or J^o P»J *» orders of the Trustees for the time being or the majority of them, as ap*^^ru*'nJdto hereinafter provided, any sum or sums of money which have been his School apportioned t;> the School or School section in which such Teacher "ccUon. m,\y have tauj^ht ; the payment of which order shall nevertheless bo subject to tlio following conditions : He shall not pay any parts of the apportionment to any School sec- Condition, tion from which no sulficient Annual lleport shall have been received for the year ending the last day of December preceding the appor- tionment. Nor shall he pay any part of the apportionment to any School sec- Condition, tion, or part of a section, unless it siiall appear by the said Reports that a School has been kept therein for at least six montiis during the year endin^j at the dale of such Report, by a qu.ilitied Teacher, and that all moneys received from the f-'choul Fund during the year ending at the date of such Report, have been faithfully applied in paying the compensation of such Teacher: Provided likewise, that the foregoing condition shall not be exacted of a School section in which a School has been commenced during the preceding year, — such newly formed section being entitled to share in the School Fund, provided a School shall have been kept therein three months of the year preceding by a qualified Teacher, and a sufficient Report furnished. Fourthly, To visit all the model and Common Schools in his ToTiaitModd District, at least once a year, and oftener if it shall be deemed ne- and Commoai cessary, in order to examine into the state and condition of the SchooU. Schools, both as respects the progress of the scholars in learning, and the good order of the Schools, and the character and condition of the buildings, and to give such advice both to Teachers and Trustees, in regard to the interests and management of the Schools, as he ma/ judge proper. Fifthly, To examine all persons ofTerii^ themselves as Candidates Tocxamin* for teaching in Common Schools, with respect to their moral char- Candidatca for acter, learning and ability ; and if he be satisfied of the Candidate's teacher* *^ qualifications in these respects, he shall give him a special certifi- cate, authorizing him to teach only one year in the School specified, or a general certificate authorizing the applicant to teach in any Com- mon School in the District until such Certificate is revoked : Provided always, that every such Teacher shall be subject to re-examination whenever it shall be deemed expedient, by the District Superintendent of Schools : Provided also, that no such Certificate of qualification shall be granted to any person as a teacher, who shall not at the time 7474 10 of granting it, be a natural born or naturalized subject of Her Majesty, Her Heirs or Successors, without a special license in the case of a Teacher of any huiguage otiier than English, to be obtained from the Governor, authorizing the person therein named to be em- ployed as a Teacher althougli an alien. '^'^ ^c"'t'/°'^' ^i^thly^ To annul any Certificate given by him or any of his cates to Teach- predecessors in otTice, whenever he shall see just cause for doing so, era when he assigning his reasons, and giving the Teacher holding such Certifi- ehallseefit. Q^^ie^ an opportunity, if he shall feel himself aggrieved, to appeal to the Superintendent of Schools. Jse of'ccrtain'' Seventhhj^ To prevent the use of all unauthorized foreign school books. books in the English branches of education, to recommend the use of proper books for Schools, and to determine as to the Teacher, and regulations of Model Schools, in the manner hereinafter provided. To decide dis- putes, &c. Proviso. Proviso, Eighthly y To decide upon all (juestions of dispute which may arise between any of the parties interested under the operation of this Act, and which may, be submitted to him by either of the parties concerned : Provided always, that he may, if he shall deem it advisable, refer any such question as may be submitted to him to the Superintendent of Schools; Provided also, that any aggrieved or dissatisfied party shall have the right of appeal to the Superintendent of Schools. To retain mo- JSinthbi, To retain In his hands, subject to the order of the Super- for, intcndent of Schools, all moneys which may have been apportioned for his District for the year, and which have not been called for or expended according to the provisions of this Act. Totransinitan Terdhhj^ To act in accordance with the directions of the Super- annual Report intendent of Schools, and to make an Annual Report to him, at such tcndcn^^r™"" ^'™*^ ^^^^ '" ^^^^'^ ^^^""'^ ^^ "^^X ^^ appointed by the said Superintend- Schools. ent of Schools ; and to famish the said Superintendent from time to PTOTiso. tim.e wilh such additional information as he may require : Provided furthermore, that every such Annual Report of the District Superin- tendent shall state : PuchRepnrtto Firsl^ The whole number of School sections or parts of sections shew : Nam- separately set off within each Township, Town or Citv in his District, bcr ol sections ; ^ • ^ ' " SrumT)er of «kildr«n ; Secondly, The number of children tauo;lit in each of the said sections or parts of sections over the age of five and under the age of sixteen years ; and also the number of children residing in each, over the age of five and under sixteen years. • Thirdli jeach of su ihe books fiave duly . Fourth «nd collec tinguishinj jthe amou iraised by sources ; any and causes. Fifthli whole nu the numb' "what chai Sixthli ' vate Sell the numb Seven ^braries ir also any cational ; tigestions 1 ment of /fDistrict. I ^ XIV. .Town 01 flaw, of •an such «tlie War senting t «also all lEcclesia inspect the cons( XV. ■said Vii ,.»Townsh Jminatior 11 7475 't of Her ' Thirdly, The length of time a School shall have been kept in Timcdunng 'nse in the each of such sections or parts of sections, by a qualified Teacher, havebecn^''* >e obtained ihe books used and the subjects taught, and whether the Trustees openj I to be era- Jiave duly reported. any of his r doing so, ch Certifi- 3 appeal to ign school nd the use 'acher, and rovided. ^'hich may tion of this he parties 1 deem it im to the grieved or irintendent tiie Super- il)portioned ailed for or he Super- n, at such iperintend- )m time to Provided t Supcrin- of sections s District. [ tlic said the age of ?ach, over Sdiool and Public Libra.- rics, Sic. \ Fourthly, The amount of moneys which have been received by Moneys rc- «nd collected in each of the said sections and parts of sections — dis- '^"^j'^j^"'^ '^^' tinguishing the amount apportioned by the Superintendent of Schools, ' jthe amount received from the District School Tax, the amounts jaised by the Trustees, and the amount from any otiier and what sources ; also how all such moneys have been expended, and whether any and what part remains unexpended, and from what cause or causes. Fifthly^ The number of his School visits during the year, the Number of his whole number of Scliool Houses in each Township, Town or City, schod houses; the number hired, and the number erected during the year, and of what character and by what means. Sixthly, So far as he may be able to ascertain, the number of pri- "nvato vate Scllools kept in each Township, Town or City in his District, g^S'.'''^"* the number of the pupils and the subjects tauglit therein. Seventhly, The number and extent of the School and public Li- Ibraries in his District, where situate, how established and supported ; also any other information which he may possess respecting the edu- cational state, wants, and advantages of l.is District, and any sug- ••gestions he may think proper to make with a view to the improve- ment of the Schools and the ditlusion of useful knowledge in such i^District. r, XIV. And be it enacted. That the Visitors of each Township, Who shall be .Town or City, shall be — all Clergymen or Ministers recognized by schools.*' flaw, of whatever denomination, who reside or have pastoral charge 4n such Township, Town or City, the Judge of the District Court, •the Warden of the District, and the Councillor or Councillors repre- senting the Township in the Municipal Council of the District, — .also all resident Justices of the Peace — but no Minister, Priest, .Ecclesiastic, or Justice of the Peace shall be entitled to visit or inspect any separate School not of his own persuasion, except by the consent of the Trustees of such School. XV. And be it enacted. That it shall be lawful for each of the Duties of Visi- ;said Visitors, to visit as far as practicable all the Schools in such ^'''®- ♦Township, Town or City, — especially to attend the quarterly exa- Auemlanceat minations of Schools, and at the time of such visit to examine the cxaminaUoas. 747B 12 Remarks to Superinten- dent. Visitors may hold a General Meeting for certain pur- poses. Certificates to Teachers. District Super- intendent may, on some person being designa- ted by the Municipal authority, cause such person to give notice of first School section meeting. Another such meeting to be held in Janu- ary in every year — and notice thereof to be given. progress of the pupils, and tho state and manaRement of the School, and to give such advice to the Teacher and pupils as he may deem expedient according to the regulations and directions for Visitors which shall be prepared by the Superintendent of Schools : It shall also be lawful for such Visitors as may be present at any School Examination to report the same with any remarks they may think proper, to the District Superintendent^and to make either collectively or individually to the said District Superintendent such other Report or Reports as they may judge expedient, respecting the condition, character and progress of the Schools in such Township, Town or City. XVI. And be it enacted. That a General Meeting of such Visitorj may be held at any time or place which may be appointed by the Senior Justice of the Peace, or any two Visitors, on sufTicient notice being given to the other Visitors in such Township, Town or City, and that it may be lawful for sucli Visitors thus assembled, to devise such means as they may deem expedient for the eificient visitation of the Common Schools, and to promote the establishment of Libraries and the diffusion of useful knowledge in such Township, Town or City ; it shall also be lawful for any two of such Visitors to examine and give a Certificate in a form prescribed by the Superintendent ol Schools, to any Candidate for teaching whom they shall judge quali- fied to teach in a Common School : such Certificate, however, onlj authorizing the applicant to teach one year in the School specified. XVII. And be it enacted, That whenever any School section shall be formed in any Township, Town or City, it shall be the duty ol the municipal authority to designate some person or persons in sucli section, to whom the District Superintendent shall commimicate the description and number of such section, and which person or persons shall, within twenty days thereafter prepare a notice in writing, de» cribing such section, and appointing a time and place for the firsi School section meeting, and shall cause copies of such notice to be posted in at least three public places in such School section, at leasi six days before the time of holding such meeting. XVIII. And be it enacted, That after such first School sectlor meeting there shall be a like meeting held in such School section or the second Tuesday of January in each year, at the hour of twelve ol the clock at noon, at such place as sluill be specified by a majority ot the School Trustees in such section, who shtill cause notices of sucl Annual Meeting to be posted in at least three public places in sucl School section, at least six days before the time of holding sucl meeting. XIX. meeting, Senior Ji the Peace a major it' who shal ceedings communii address c the numb XX. 1 School se before re( duty it w exceedin; purposes Peace, w inhabitan convict tl and distr such mec within t' have bee be postet XXI. which si househol Office ui XXII held in qualifiec Trustee! determii year, th| periods each suj present I in office any Trj XXll tee shal .found si 13 7477 [he School, may deem for Visitors lis : It shall [any School may think Icollectivelj jther Report condition, , Town or XIX. And be it enacted, That at every such first School section Who shall pre- meeting, and at every such Annual School section meeting, the SchooUcctfon Senior Jusiice of the Peace present, or in default of any Justice of meeting. the Peace being present, such other person as shall be appointed by a majority of the landholders and householders gf such School section yho shall be present at such meeting, shall preside over the pro- ceedings of such meeting, and shall, immediately after such meeting, communicate to the District Superintendent the name or names and address of the person or persons chosen Trustee or Trustees, and the number of their School section. luch Visitofj ted by the icient notice or City, and devise such at ion of the /ibraries and wn or City ; ixamine and intendent oi judge quali- owever, onlj specified. \ section shall B the duty ol sons in mch municate the on or person) writing, de» for the first I notice to be tion, at leasi chool sectlor )ol section on of twelve ol a majority ol I ices of sucl laces in sucJ holding sue! Penalty against per- sons who shall not have given notice of first or Annual School section meeting. — £2. XX. And be it enacted. That should no such first or Annual School section meeting be held in consequence of the notice herein- before required not having been given, the person or persons whose duty it was to give such notice shall individually forfeit a sum not exceeding two pounds, which shall be recoverable for the School purposes of such section, by prosecution before any Justice of the Peace, who is hereby authorized on the complaint on oath of any two inhabitants of such section to hear and determine the same and to convict the party and to issue a warrant to levy the penalty by such sale and distress cf the offender's goods : — And in such default of holding such meeting, any three resident freeliolders shall have authority within twenty days after the time at which such meeting should have been held, to call such meeting by giving six days notice, to be posted in at least three public places in such School section. XXI. And be enacted, That at the first School section meeting Trustees to be \vhich shall be held in a newly formed section, the landholders and s^^Jool slSioL householders thereat shall elect three Trustees, who shall continue in meeting. Office until the next ensuing Annual School meeting of such section. XXII. And be it enacted. That at the first Annual School meeting And at first held in any School section after the passing of this Act, the persons ^"pn^Annual qualified to vote thereat shall elect, by a majority of votes, three ychooi meet- Trustees who shall be numbered one, two, three ; (the order to be i"gs. determined by lot,) the first of whom shall continue in office one lyear, the second two years, the third three years, at the end of which periods they shall respectively be replaced by others ; and that at each succeeding Annual School meeting of such section, the persons present qualified to vote shall elect one Trustee, who shall continue in office three years, and until a successor is elected ; provided that any Trustee, if willing, may be re-elected. XXIII. And be it enacted, That if any person chosen as a Trus- Penaltyonany tee shall refuse to serve, he shall forfeit a sum not exceeding five ,w^toVcrvc%8 pounds, which sum shall be collected and applied in the same man- Trustee.— i;5. ri /'J 478 14 Vacancies how ner as Other fines imposed by this Act ; and if one or more vacancies shall occur among the Trustees, by reason of refusal to serve, per- manent absence from the School section, death or incapacity from sickness, such vacancy or vacancies sliall be filled up by the electors of such School section at a meeting to be called for that purpose by the surviving Trustee or Trustees ; and in case of there being no surviving Trustee, the District Council of the District shall fill up the vacancies, and the person or persons who shall be appointed to fill up a ;acancy or vacancies shall continue in office during the period f )r which the person or persons whom he or they shall succeed would have been required to serve. No Trustec^to XXIV. And be it enacted, That no School Trustee shall be re- withouthis elected except by his own consent during the four years next after consent during his going OUt of office, a certain time. Trustees to be XXV". And be it enacted. That the School Trustees in eack a Corporation. §^^00! section, shall be a Corporation, under the name of " The " School Trustees of Section number in the Township^ " {Town or City,) of in the " District,^'' — and shall have perpetual succession, and a Common Seal, and may sue and be sued, and shall generally have the same powers which any other body politic or cor- porate has with regard to the purposes for which it is constituted j but they shall not at any time hold real property. Corporate powers. Corporation not to cease in certain cases. Duties of Trustees. "To appoint a Secrotavy- 'J'rcasuror. His duties. XXVI. And be it enacted, That no such Corporation shall cease by reason of the want of School Trustees, but in such case the powers of the Corporation as regards the possession of any personal property shall become vested in the District Superintendent, in trust, until it shall be otherwise provided by law, and the School House, lands or other real property, belonging to the Common School or Common Schools, in any section under any law or by any title what- soever, is hereby vested in the District Council for the several Com- mon Schools and in trust for such Schools respectively. XXVII. And he it enacted, That it shall be the duty of the Trus- tees of each School section : First, To appoint one of theTselves Secrelary-Trcasurcr, who shall keep a M'uute of their proceedings in a book kept for that pur- pose, — shall receive the moneys collected by rate hill or subscription from the inhabitants of tlie School section, — and sliall he responsible for such moneys to his colleagues, and shall pay them to the Teacher after defraying the expense of collection, in such manner as may be ditTcletl hv \]\Q mni'Tifv oftliij Truster's. Secon< to collect their Scii Bcribed, fi per cent. 6uch seci 'the same proceed i the dischi of Colleci "^ Thirds which mi poses in 1 any title Common taken aw the terms Fourt building, the Scho( perty wl levied fo wise tha may be r rate may the Pea passed di incr the any yea Fifth the mai iecriptior salary o .MS repai "^n case School, selected before s receive School i^ecreta lias in ] 15 7479 vacancies erve, per- acity from he electors )urpose hy beinf; no lall fitlup pointed to uring the all succeed hall be re- next after !s in eack of " The Township^ in the e perpetual ), and shall itic or cor- ;ituted ; but shall cease h case the ly personal at, in trust, jool House, School or title what- veral Com- f the Trus- surcr, who )v that pur- subscription responsible he Teacher as may be :c«. I Secondly^ To appoint a Collector if they shall think it expedient, And a CoUoc- collect tiie sums which they have imposed upon the inhabitants of n^i^ jmJc their School section, or which tlie said inhabitants may have sub- scribed, and to pay such Collector not to exceed at the rate of five per cent, for his trouble in collecting ; and every Collector shall give euch security as may be satisfactory to the Trustees, and shall have the same power in collecting the School rate, or subscription, and proceed in the same manner and be subject to the same liabilities in the discharge of his duty as is or may be by law provided in respect of Collectors of the District rates and assessments. Thirdly^ To take possession of all Common School property, To take and •which may have been acquired or given for Common School pur- jjold proper^ poses in such section, and to acquire and hold for the Corporation by School pur- any title whatsoever, all personal property, moneys or income for poses. Common School purposes, until the power hereby given shall be taken away or modified by law, and to apply the same according to the terms of acquiring or receiving them. Proviso. Fourthly^ To do whatever may be expedient with regard to To build, re- building, repairing, renting, renewing, warming or keeping in order SoS house* the School House and its appendages, lands, fences and moveable pro- " ' perty which shall be held by them : Provided that no rate shall be levied for the building of a Scliool House in any School section other- wise than under a By-Law of the District Council, but such By-Law may be made by the District Council at any meeting thereof, and the rate may be forthwith placed on the Collector's Rolls by the Clerk of the Peace, and collected by the Collector ; any thing in any Act passed during the present Session, or at any previous time, and limit- ing the period at which By-Laws, imposing taxes, are to be passed in any year to the contrary notwithstanding. Fifthly, To cause in their discretion to be levied by rate bill, in the manner hereinafter provided by this Act, or by voluntary sub- scriptions any additional sum that may be necessary, to pay the galary of the Teacher and the incidental expenses of the School, such Bs repairing, furnishing and keeping the School House in order, and in case there be no School House, providing a suitable place for the School, providing fuel in a state lit for use in the School House selected, and all things necessary for the comfort of the pupils ; and before such Trustees, or any one on tlieir belialf sliall be entitled to pceive from the District Superintendent their share of the Common School Fund, they shall furnish him with a declaration from the Secretary-Treasorer, that he has actually, and bondJidevcceivcA and has in his possession for \hv payment of the Toiiclier. or lias r:i:d surh To If vy by Rate-bill a cer- tain additional SU!K. Declaration required heforo they shall re- ceive School moneys. I 7480 16 To fix Rate- bill per quarter, Ac. To eicmpt in- digent persona from payment of Rato-bill. To ascertain number of children in School section To engage Teachers. To select books, To make a Report to Dis- trict Superin- tendent. Teacher a sum sufficient with such allowance from the Common School fund for the purposes aforesaid. Sixthly, To prepare and determine a rate bill quarterly, containing the name of every person liable to pay for the instruction of children sent by him to such Schools, and the amount for which he is liable, and by themselves or any one of them, or by their Collector, to collect from every person named in such rate bill the amount therein charged against him, and in case they employ a Collector, five per centum on such amount for the cost of collection, and to pay the amount so collected to the Teacher or Teachers entitled to receive the same ; Provided that every person sending a child or children to any Com- mon School, shall be rated for a period of not less than two-thirds oi' the current quarter. Seventhly, To exempt wholly or in part from the payment of the rate bill such indigent persons within their School section as they shall think proper ; and in default of payment by any person rated, to levy the amount by distress, and sale of the goods and chattels ol the person or persons making default ; and in case such person or persons reside without the School section, and have no goods or chattels ■within it, at the time of making such collection, to sue and recover by their name of office, the amount from such person or persons ; and for the collection of such rate, the Collector appointed by the Trus- tees shall have, within their School section, the same powers as the Collector of any District rates. Eighthly, To ascertain the number of children residing in their School section, over the age of five and under sixteen years, and to allow them, without exception, to attend the Common School, so long as their conduct shall be agreeable to the rules of such School. Ninthly, To appoint and engage, from time to time, a Teacher duly qualified to teach in the School under their control, according to the provisions of this Act ; and to give such Teacher the necessary orders upon the District Superintendent for the portion of the School Fund, to which their School section may be entitled. Tenthly, To select from a list of books, made out by the Board of Education, under the sanction of the Governor in Council, as here- inbefore provided, the books which shall be used in the School. Eleventhly, To see that the School is conducted according to the regulations herein provided for ; and to prepare and transmit annually on or before the second Tuesday of January, a Report to the District Superintendent, which Report shall be signed by a majority of the i ' Fou "require {he is a ^tes is r> nggregs Schools he shal ing tvvc new T< XX] in aid Superii the pa) other 1 the yef accoun same n which 7483 his handif ;s from the by law for nually dis- )er Canada, )y warrants Districts in le English ion School, )n. Hon School ad or study of devotion ts or guar- he Teacher itholic, the ool belongs icher, upon ouseholders ) any Town of any such olic inhabi- ir own reli- ^•■ ill be made ouseholder, ident ; and I who shall mpliance of ichool shall , according lasion who 5chool Dis- rintendent ; conditions, ice to other W XXXIV. And be it enacted. That it shall be lawful for the Coun- Model Schools Cil of any District in Upper Canada, if they deem it proper to do so, SiUn tho^ to raise and levy by District rate, a sum not exceeding in any one District, year two hundred pounds, and to appropriate and expend the same for the maintenance of one or more District Model Schools within such District, appointing at least three Trustees of each such Model School ; Provided always, that by such By-law or By-laws there I^ro^^O" shall be appropriated from tlie District rates tor the payment of Tea- chers and the purchase of books and apparatus and other necessary ex- penses for each Model School, a sum of not less than forty pounds yearly. Allowance to Ite ffrantcd for sucTi Model Schools. Proviso ; Amount of al- lowance limit- ed. XXXV. And be it enacted. That whenever it shall appear to the satisfaction of the Governor, that anv such District Council has thus appropriated and expended in any year for the payment of a Teacher or TeacherSj and the purchase of books and apparatus for such Dis- trict Model School or Schools, a sum of not less than forty pounds, it shall be lawful for the Governor to issue his Warrant to the Receiver General, directing him to pay to the District Superintendent of such District, as a further aid towards tlie support of such School of Schools during such year, a sum equal to one half of the amount so raised and expended ; Provided always, that there be not thus granted in any year, for th« support of such Schools in any one Dis- trict, a larger sum than fifty pounds, and also that the whole amount thus to be granted in any one year, for the support of District Model Schools in Upper Canada, do not exceed five hundred pounds. XXXVI. And be it enacted, That the Superintendent of Schools, f"'=^.^T!% 1 /v 1 • 1 1 - r I • • 1 /. /-. "P P'lld out of before makmg the yearly apportionment of the grant in aid of Com- the Common mon Schools as hereinbefore provided, shall deduct from the same the yc'-ool fund, aggregate of all amounts thus advanced for the support of the Normal Schools and District Model Schools during the preceding year ; and he shall also deduct, if he shall deem it expedient, a sum not exceed- ing two hundred pounds per annum, in aid of Common Schoi>ls in new Townships not yet represented in any District Council. XXXVII. And be it enacted, That all monevs to be thus grnnted How surh in aid of District Model Schools, shall be expended by tlio i)istrict •^'""'' ff^"". Superintendent receiving the same, or by his successor in ofiice, in accountod for. the payment of Teachers and the purchase of books and apparatus and other necessary expenses for such Schools exclusively, and within the year for which the same shall have been granted, and he shall account for the expenditure or non-expenditure of such moneys in the same manner as he is required to account for all other School moneys which may come into his hands. 748'^ 20 Powers of XXXVIII. And bo it enacted, That it shall not be competent for KSS'' ^'»o Trustees of any District Model School constituted as aforesaid, to to 'ivachers for appoint any person to be Tearlier in the same, unless with a special Modcisjchools. approval in writing by the District Superintendent of their selection of such [jorsoii as a Teacher, and also ot the terms of their engagement with him ; nor yet to make any arrangement for the internai adminis- tration of such School, unless in like manner approved by the District Superintendent ; and the said District Superintendent shall have power to suspend or dismiss any sucli Teacher if he shall consider it necessary to tlo so, and to a[)point any person to be a Teacher to any vacancy which tjie Trustees may refuse or neglect to fill up within thirtv davs after he shall have notified them of the same ; and also, to make and enforce any regulations he may see fit to make for the administration of such Schools. TrachcfB to bo XXXIX. And be it enacted, That whenever a Normal School P^rinripfil of^ shall bc in operation in Upper Canada, no person shall be ajtpointcd Normal ydiool to be a principal Teacher in any District Model School, who shall jylioncstab- j^ot have produced to the District Superintendent a Certificate of qua-. lification and ability, signed by the principal or Head Master of such Normal School. Teachers to bo XL. And bc it cnactcd. That at every such District Model School, instructed gra- g.j.j^^yjjQy^ instruction shall be alTorded to all Teachers of Common tuitously in p. , , , , . , ,,. . . ... i »» i i n i i i Model Schools. Schools Within the District m which such Model School may be esta- blished, during such ])eriod and under such regulations as the District Superintendent may from time to time direct. Teachers to be divided into three classes. District Coun- cil may au- thorize estab- lishment of a male and fe- male School in any section. Toronto and Kingston to bc Municipal Districts for purposes of this Act. XLI. And be it enacted. That the Teachers who shall receive Certificates of qualification under this Act shall be arranged in three classes, according to their attainments and ability, in such manner as shall be prescribed by the Superintendent of Schools, Ayith the con- currence of the Board of Education, and the sanction of the Gover- nor in Council. XLII. And be it enacted. That it shall bc lawful for any District Council to authorize the establishment of bodi a female and male School in any School section, each of which shall bc subject to the same regulations and obligations as Common Schools generally. XLIIl. And be it enacted, That the Corporate City of Toronto and Town of Kingston, shall be considered each a Municipal District for all the purposes of this Act : and the Corporation of each of the said City and Town shall have all the authority and be subject to all the obligations witiiin the limits of each of the said City and Town, respectively, whicli are conferred and imposed by (his Act upon each Council of a District. XLIV. it occurs nistering ihall inch to llie Te apply to •whenever Province, i XLV. , lions ol ' 'i singZ/'C*' nolwitlis lieleventli Piipon, fri ' luintlrcd l]u> said 11 and inlili Conunoi so far as always, leeted ir one thouj in force ; the hand on the fi . seven, si intenden remainir that all ' said Acl i first of { called " of this . SI 748.^ IP pctcnt for Jrcsaid, to a special •selection ga<'(.'in(!nt adininis- J)istrict all have onsider it icr lo any wit! J in and also, c for the il Scliool il)pointcd kdio siiall to of qua- of such I School, Common V he csta- ! District receive in three inner as ■he con- Go ver- District id male : to the J- Pronto district of the t to all Town, n each i XLIV. And be it enacted, That the word " Governor" whenever it occurs in this Act shall include the Governor or any person admi- nistering the Government of this Province; and the word " Teacher" •hall include Female as well as Male Teachers, except when applied to the Teacher of a Normal or Model School, in which case it shall apply to a Male Teacher only, and that the words " Upper Canada" whenever they occur in this Act shall mean all that part of this Province, which formerly constituted the Province of Upper Canada. XLV. And be it enacted, That this section and the first ten sec- tions of this Act shall have force and elfuct immediately after the pas- sinu; therefore, any thing contained in any previous Act to the contrary notwithstanding ; and the remaining sections of this Act, from the eleventh to the forty-fourth inclusive, shall have force and effect jfiipon, from and after the first day of January, one thousand eight hundred and forty-seven, and not before ; and upon, from and after the said ilay, the Act passed in the seventh year of Her Majesty's Reign, and intilidcrl. An Ad for the establishment and maintenance of Common Schools in Upper Canada, shall be repealed, exce})ting in so far as the same repeals any former Act or any part thereof: Provided alwavs, that all [)enalties incurred under the said Act, shall be col- lected in the same manner, upon and after the first day of January, one thousand eight hundred and forty seven, as if the said Act were in force ; Provided also, that all moneys which shall remain in the hands of Township, Town or City Superintendents of Schools on the first day of January, one tliousand eight hundred and forty- seven, shall immediately thereafter be paid over to the District Super- intendents, to be retained and disposed of by them ns other moneys remaining in their hands at the end of the year : Provided likewise, that all those divisions of Townships, Towns or Cities which in the said Act are called '* School Districts," shall upon and after the said first of January, one thousand eight hundred and forty-seven, be called " School Sections," and be so considered for all the purpose* of this Act, until altered in the manner hereby provided. InterpreUtfoo clauM. When this Act Bhnll coiuc ia force. 7 Vict. c. 29, repealed. Proviso. Proviso. PrOTlKX 748(J Montreal: PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS, Law Printer to the Clueon's Most Excpllent Majesty. »*»»»»»**»%»» '****M0m0m^^nmmimt^mM^m0mH*m»th*m*m^*t M mm%*i*^^>tim w ^mm%mti^h*mv*'vm^nmmwtMU¥^^v^W¥ti^^v¥^¥*^v^^v^vmwi t »»>i»»»»%»»>»»iMi»»MW A RATS, /i