T" ^ik IMAGE EVALUATION TEST TARGET (MT-3) ..^.f^ ■^r.% '/ 1.0 I.I IL25 i 1.4 m2.8 III 1.6 Hiotographic Sciences Corporation :n>- V <^\ \ ;\ s 73 WIST MAIN STRUT WIBSTIR.N.Y. 14S80 (716) S72-4SU3 \ T I 1 CIHM/rCMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Tschnical and Bibliographic Notas/Notas tachniquas at bibliographiquas Tha instftuta has attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographicaSly uniqua, which may altar any of tha imagaa in tha raproduction. or which may significantly changa tha usual mathod of filming, ara chackad balow. □ Colourad cowars/ Couvarture da coulaur I I Covars damagad/ D D D D D D D Couvartura andommagAa Covars rastorad and/or laminatad/ Couvartura rastauria at/ou palliculte I — I Covar titia missing/ La titra da couvartura manqua Colourad maps/ Cartas gAographiquas 9n coulaur Colourad inic (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noiral Colourad platas and/or illustrations/ Planchaa at/ou illustrations 9n coulaur Bound with othar matarial/ Rail* avac d'autras documants Tight binding mav causa shadows or distortion along intarior margin/ La re liura sarria paut causar da I'ombra ou da la distorsion la long da la marga int6riaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar possibia, thasa hava baan omittad from filming/ II sa paut qua cartainas pagas blanchas ajoutias lors d'una rastauration apparaissant dans la taxta. mais, lorsqua cala Atait possibia, cas pagas n'ont pas «t« film«as. L'Institut a microfilm* le maillaur axampiaira qu'il lui a iti possibia da sa procurar. Las details do cat axampiaira qui sont paut-Atra uniquas du point da vua bibliographiqua, qui pauvent modifier una imaga raproduite. ou qui pauvent exiger une modification dans la mtthoda normala de filmage sont Indiqute ci-dessous. r~~| Coloured pages/ Pagas da coulaur Pagas damagad/ Pagas endommagias Pagas restored and/oi Pagas restaurAos at/ou palliculAes Pagas discoloured, stained or foxeo Pagas dAcolorias. tachet6es ou piquies Pagas detached/ Pagas ditachias Showthrough> Transparence Quality of prir Quality inigale de I'impression Includas supplamentary matarii Comprend du matiri^l supplimentaire I — I Pagas damagad/ p~] Pagas restored and/or laminated/ r~~U Pagas discoloured, stained or foxed/ I I Pagas detached/ r"! Showthrough/ rn Quality of print varies/ r i Includas supplamentary material/ D D Only adition availabia/ Saula Edition disponibia Pages wholly or partially obscured by errata slips, tissues, ate, have been refiiined to ensure the bast possible image/ Les pagas totalement ou partiellement obscurcies par un feuillat d'er/ata, una pelure, etc., ont it* filmtes A nouveau de fapon A obtanir la maillaure image possible. r~l Additional comment^:/ 1}l} Commentaires supplimentairas; Paget 63-64 are photoreproductioni. This item is filmed at tha reduction ratio checked balow/ Ce documant est film* au taux da reduction indiquA ci-dessous. 10X ux 18X 22X 26X 30X - - 7 12X 16X 20X 24X 28X 32X Th« copy filmed here has bo«n reproduced thanks to the generosity of: Library of the Pubiic Archives of Canada L'exempiaire fiimA fut reproduit grice A la ginArositA de: l.a bibiiothAque des Archives publiques du Canada Thn images appoaring here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page v/Yth a printed or illustrated impres- sion, and ending) on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol -^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Les images sulvantes ont MA reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de rexemplaire film*, et en conformity avec les conditions du contrat de filmage. Les exemplaires orlginaux dont la couverture en papier est imprimte sont film6s en commenpant par le premier plat et en terminant soit par la derni^re page qui comporte une empreinte d'Impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires orlginaux sont fllmto en commen^ant par la premiAre page qui comporte une empreinte d'Impression ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des sy>nboles suivants apparaftra sur la dernlAre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols ▼ eignifle "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning In the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planchas, tableaux, etc., peuvent Atre filmAs A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul cCchA, 11 est film* A partir da I'angle supArieur gauche, de gauche d droits, et de haut en bas, en prenant le nombre d'images ntcessaire. Les diagrammes suivants illustrant la mAthode. 1 2 3 1 2 3 4 5 6 .N \ \ 1 THE LAW OF 1868 BELATINO TO ROMAN CATHOLIC SEPARATE SCHOOLS w UPPER CANADA; <■:,(, ••J,I (M "itl^j! TOaCTHn WITH EXTRACTS FROM THE COMMON SCHOOL ACTS, DEPARTMENTAL REGULATIONS, he, AFFECTING THE ROMAN CATHOLIO SEPARATE SCHOOLS. •"•"fSM-iA ARRANGED WITH NOTES AND REFERENCES. H',r>-i'ff v> n- TORONTO; Printed fti; the X>«p.utm0iit of PnbUo Znatniotloii for Vppor BT LOVEI.L AND GIBSON, TONGE STREET. 1863. CONTENTS. The Itpqan QpitboUo Separate /3o)iooI Aot. of 1868 .1 ......... . .'. / Introductory Summary of th« powera, dutiea, and responsibilitiea of Roman Oatholic Separate School Truateea 18 ArrcNoix A. Extract from the Common School Law relating to School Trostee Eleo- tiona, Ao., so far as they apply to Roman Catholic Separate Schools ' 19 AppiMnn B. Extracts from the Common School Law relating to the powers and duties of School Truateea in rural sections, so far as applicable to Roman Catholic Separate Schopia tl Appxmdiz C. Extracts from the Common School Law relating to the powers and du- ' ■' ' ties of School Trustees in Cities, Towns, and Incorporated Villages, so far as applicable to Roman Oatholic Separate. School Trustees . . 48 AlTXNDIX D. Extracts from the Common School Law relating to Teachers and their Duties, so far as applicable to Roman Catholic Separate Schools. . 49 .ArrcNDix E. Estraetafrom the Oommon School Law relating to the Duties of County or Township Local Superintendents of Schools, so far as they refer to Roman Catholic Separate Schools , . . . . 68 ArnNDix F. Special Provisions of the Consolidated Common School Act, applicable to Roman Catholic Separate Schools 65 Apfendix O. General Regulations for the Organization, Government, and Discipline of Common Schools, so far as applicable to Roman Oatholic Separate Schools in Upper Canada 58 Appendix H. Order and Classification of Studies prescribed for the Oommon Schools in Upper Canada, as observed in the Upper Canada Hodel School, Toronto, and applicable to Roman Catholic Separate Schools 81 AppknwtL . ^ Provisions of the Law relating to Publio School Libraries ............ 81 Appbudix J. Departmental Notices I , , , , , 68 -.m ■-'i u •• AN ACT EISTORE TO ROMAlf CATHOLICS IN UPPER OAKADA OERTADT RIGHTS IN RESPECT TO SEPARATESCHOOLS. , t 26 Victoria, chapter 6.—Attented to 6th of May, 1863. -v., t1 68 68 6t Preamble. WHEREAS it is just and proper to restore to Roman Catholics in Upper Canada certain rights which they formerly enjoyed in respect to Separate Schools, and to bring fhe provisions of the Law respecting Separate Schools more in harmony with the provisions of the Law respecting Com- mon Schools : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — , Roman Catholic Separate School Act of 1855 repealed. I. Sections eighteen to thirty-six, both inclusive, of chapter sixty-five of the Consolidated Statutes for Upper Canada, in- tituled, "An Act respecting Separate Schools," are hereby repealed, and the following shall be substituted in lieu thereof, and be deemed to form part of the said Act. Five Soman Caiholic heads offamiliea may call a meeting. n. Any number of persons, not less than five, being heads of families, and freeholders or householders, resident within any school section of any Township, Incorporated Village or Town, or within any ward of any City or Town, and being Roman Catholics, may convene a public meeting of persons desiring to establish a Separate School for Roman Catholics, in such school section or ward, for the election of Trustees for the management of the same.* * Public notice of this and every other Separate School meeting must be given, •imilfir to that required under the Uomtnon School Act, viz., notice in three public pfacea within the school aeotiou or ward, six days previous to the day of meeting. I I Majority present at School Meeting to elect three Trusteea. III. A majority of the persons present, being freeholders or householders, and being Roman Catholics, and not candidates for election as Trustees, may, at any such meeting, elect three persons resident within such section or an adjoining section to act as Trustees for the management o^ ch Separate School, and any person, being a British subject, not less than twenty- one years of age, may be elected as a Trustee, whether he be a freeholder or householder, or not.* Notice of eatabliahment of Roman Catholic Separate School. IV. Notice in writing that such meeting has been held and of such election of Trustees, shall be given by the parties present at such meeting to the Reeve or head of the Munici- pality, or to the Chairman of the Board of Common School Trustees, in the Township, Incorporated Village, Town, or City in which such School is about to be established, desig- nating by their names, professions, and residences, the persons elected in the manner aforesaid, as Trustees for the manage- ment thereof ;f and every such notice shall be delivered to the proper officer by one of the Trustees so elected, and it sfiall be the duty of the officer receiving the same to endorse thereon * The preliminnry proceedings necessary to (he establishment of a Separate School must take place within the existing Coinmon School section or viaxA where the Separate School is desired, and by the Romnn Oatholio freeholders and house- holders resident therein, i. e., Five Roman Catholic heads of familiet in such sec- tion or ward may onll a public meeting of such Roman Catholic re^^idcnts as are desirous of establishing a Separate i^cbool. A majority present at this meeting^ ean elect three resident, or Hdjuining, Roman Cntholics, being British subjects— (tax payers or not) — to act as trustees of the Separate School, subject to the provisions of the twenty-fourth section of this Act. \ The form of notice to b^^ signed by all the Roman Oatholios present at the meeting for the establishment of the Roman Catholic Separate School, may be M foiloyrs : School Section, No , Township of . ... ' :, .^ or ■' ' .... Ward, City, {or Town) of ... . Slr^.— We, the undersis^ned Roman Cntholics and freeholders and householders resident in Common School Section No , in this Township {or .... Ward, io this City [or Town, ibo.]) and present at a meeting called to establish a Roman Oatitolic Separate School within such Common School Section {or Ward) in ac- eordanoe with the Roman Catholic Separ.ite School Act of 1863, hereby notify you that at a meeting called by \htre »tate the tiatnet of at leattfire pertonit ealU iug the meeting] being .... Roman Catholic heads of families, and freeholder! or householders resident within such School Section {or Ward), and held on the .... day of . . . ., 186. ., at whi<>h the number of .... Roman Catholio resident Ireeholders and householders of the said Section {or Ward) were present [here 4$iignttt* by their naitut, profeuione, and placet of abode, the pertont elected a* I i the date of the receipt thereof, and to deliver a copy of the same so endorsed and duly certified by him to such Trustee,* and from the day of the delivery and receipt of every such no* tice or in the event of the neglect or refusal of such officer to. deliver a copy -so endorsed and certified, then from the day of* the delivery of such notice, the trustees therein named shall be. a body corporate, under the name of " The Truste-is of the* Roman Catholic Separate School for the Section Number . . .^, in the township of , or for the ward of , in the' city or town (as the case may be) or for the village of , in the county of "f [The Provincial Statutes General Interpretation Consolidated Act, 22 Vict. chap. 5,§ further adds in regard to Corporations : 6. * * * * ** Tweniy-fourthly, Words making any association or number of persons a corpor-^ ation,:}^ or body politic and corporate, shall vest in such corpor- ation power to sue and be sued, contract and be contracted with, by their corporate name, to have a common sealj§ and to Tmsteet), were duly elected Trustees for the management of said Riiman Ca^hoUo Separate School, according to law. Dated this . . . day of ... , 186. . 7h the Reeve, or other head of the Muniripality, of the Township of .... or To the Chairman of the Board of Common School Trustees for the [City, Toum, or Incorporated Village] of .... • The Trustees cannot act until after the delivery of this notice ; nor can tha enistence of the Separate School be officiully recognized by the Educational De- partment, until the same, or a duplicate notice having the signature of the Reere or Chairman, be transmitted to the Chief Superintendent of Education, (Se« Jfepartmental Regulations, page —J LBy tills and the second sectinn of the Act, the law provides that whenever mao^ Catholic Separate School is established, (unless a union be formed, as , provided in the sixth sectior.,) the power of tlie Trustees shaW extend to the bound* arias of the Common School Section in townships ; of the ward, in Cities and Towns ; or of the Municipality in Villages. But by the twelfth section, children from other school sections may be admitted into the Separate School. The fifth section of tha Act provides for the establishment of a single Board of Roman Catholic Separate School Trustee? for the several wards of a city or town, and the sixth section authorizes the union of two or more Separate Schools in towD* •hips. ^ A Corporation oygregate is not bound to appear at witnesses in Court, but it* individual members may be subpoenaed. The Court of Common Pleas has decided that a corporation aggregate is not bound to appear at the trial as witnesses, under a notice served on its attorney under the Consolidated Statute 22 Vict., cli^ip. 82, sec. 16. If the individual mem>\ bers are required to appear, they must be individually sabpoeuaed. — Trustees 8. 8, JTo. 2, Dunuieh v. MeBeath, 8 C. P. R. 228. § The Trustees, being a corporation, must, by the School Act of 1860, use a torporcUe seal in their official acts, otherwise they may become porsonably liable Jtm contracts and agreements. These Seals can be procured in Toronto for about I! I 1 6. alter or change the same at their pleasure, and to have per* • petual succession, and power to acquire and hold personal property or movables for the purposes for which the corpora- tion is constituted, and to alienate the same at pleasure ; and Bball also vest in any majority of the members of the corpora^ tion, the power to bind the others by their acts ; and shall ex^ empt the individual members of the corporation from personal liability for its debts or obligations, or acts, provided they do< not contravene the provisions of the Act incorporating them;; •—But no corporation shall carry on the business of banking^. Iji.e. taking or issuing promissory notes, &c.], unless when, fluch power is expressly conferred on them by the Act creating, such corporation."] Board of B. C. Separate School Trustees in Cities and Toums. V. The Trustees of Separate Schools heretofore elected, or hereafter to be elected, according to the provisions of this Act,, in the several Wards of any City or Town, shall form one body corporate, under the title of " The Board of Trustees of the Roman Catholic Separate Schools for the City (or Town) of * Union of R. C. Separate Schools in one or more School Sections, VI. It shall be lawful for the majority of the rate-paying supporters of the Separate School, in each Separate School Section, whether the Sections bti in the same or adjoining^ Municipalities, at a public meeting duiy called by the Sepa- rate School Trustees of each such section, to form such sections' into a Separate School Union Section, of which union of sec- »tion8 the Trustees shall give notice within fifteen days to the Clerk or Clerks of the Municipality or Municipalities, and to the Chief Superintendent of Education ; and each such Sepa- rate School Union Section thus formed, shall be deemed one School Section for all Roman Catholic Separate School pur- poses, and shall every year thereafter be represented by three^ Trustees, to be elected as in Common School Sections. $2 each. The act8 of the majority are binding upon the Corporation. Notice of •11 Trustee Meetings for the transaction of business ^ihou1cl be given to all th« members of the Corporation. •By the twenty-fourth- section of this Act, page 12, the election of Bioman Catholic Separate School Trustisea of any City op Town becomes void unless »' Separate School be e^stalilisbed in thuir City or Town within three mouths after the first or annual election. lave per-^ personal corpora- lire ; and corpora^ shall ex- personal they do g them; banking,. ss when. creating. Toiotu; ected, or this Act,, form one ustees of •r Town) ectiont, paying School djoining^ le Sepa- sections of see- 's to the and to h Sepa- led one >ol pur- y three otice of all Um Rioman unless a lbs after Union R. C. Separate School Section — Corporation /brmed, S. And the said Tnistees shall form a body corporate, under the title of «* The Board of Trustees of the Roman Gath^lie United Separate Schools for the United Sections Nos ^as die case may be,) in the (as the case may be). Powers of JRoman Catholic Sfiparate School Trtteteet. VII. The Trustees of Separate Schools forming a body cor- porate under this Act, shall have the same power to impose, levy and collect School rates or subscriptions, upon and from persons sending children to, or subscribing towards the support of such Schools, and shall have all the powers* in respect of Separate Schools, that the Trustees of Common Schook have and pos- •ess under the provisions of the Act relating to Common Schools, f Jt.' C. Sep. Sch. Trustees may copy Assessment Roll of Municipality* VIII. The clerk or other officer of a Municipality within or adjoining v/hich a Separate School is established, having possession of the Assessor's or Collector's roll of the said Mu- nicipality, shall allow any one of the said Trustees or their authorized collector to make a ^opy of such roll in so far as it Tislates to the persons supportiiig the Separate School under their charge. Declaration of Office by Roman Catholic Separate School Trustees. IX. The Trustees of Separate Schools shall take and sub- scribe the following declaration before any Justice of the Peace, Reeve, or Chairman of the Board of Common Schools : "I, , will truly and faithfully, to the best of my judg. ment and ability, discharge the duties of the office of School Trustee to which I have been elected :" — and they shall per* form the same duties and be subject to the same penalties as * For powers and duties of Common and Separate School Trustees, see Appea* dlees B and C, pages 2*7 and 43. f No rate-bill can exceed twenty-five cents per calendar month for each child. The term "same power" here referred to does nut autiioriEe Roman Gatholie Separate School Trustees to iiiipof^e rates on non-resident *rutopajei8 (Connnon School Trustees not having that power), unless such persons ure I'aled for pro- perty in the section in which the Separate School is situated, and reside within three miles of the school house of such Separate School ; and these persons cannot claim exemption from the Common School rates imposed in their own ■eotion, unless they come within the detinitioo of ' Supportei s of Sepuiute Schools," according to the fourteenth and nineteenth sections of this Act. (See note *, page 9.) 8 Trusteea of Common Schools:* and teachers of Separate Schools shall be liable to the bame obligations and penalties as teachers of Common Schools. Term of Offict of Roman Catholic Separate School Truateea. X. The Trustees of Separate Schools shall remain respec- tively in office for the same periods of time that the Trustees for Common Schools do, and as is provided by the thirteenlh section and its sub-sections, of the Common School Act of the Consolidated Statutes for -Upper Canada; but no Trustee shall be reelected without his consent, unless after the expiration of four years from the time he went out of office : Provided always, that whenever in any City, or Town divided into Wards, a united Board now exists, or shall be hereafter estab- lished, there shall be for every Ward two Trustees, each of whom, after the first election of Trustees, shall continue in office two years and until his successor has been elected, and one of such Trustees shall retire on the second Wednesday in January, yearly in rotation ; and provided also, that at the first meeting of the Trustees after the election on the second Wednesday in January next, it shall be determined by lot, which of the said Trustees, in each Ward, shall retire from office at the time appointed for the then next annual election, mnd the other shall continue in office for one year longer. IPwiod of office — Time and mode of R. Q. Sep. Seh. Trustee election. XI. After the establishment of any Separate School, the Trustees thereof shall hold office for the same period and be elected at the same time in each year that the Trustees of Common Schools are, and all the provisions of the Common School Act relating to the mode and time of election, ap- pointments and duties of Chairman and Secretary at the an- nual meetings, term of office and manner of filling up vacan- cies, shall be deemed and held to apply to this Act.f Roman Catholic Children admitted from other School Sections. XII. The Trustees of Separate Schools may allow children from other School Sections, whose parents or lawful guardians are Roman Catholics, to be received into any Separate School * These obligations and liabilitien include: Condi iDtliz B, 9 under their management, at the reqneist of such parents or ffuardians ;* and no children attending such School shall be mcluded in the return, hereafter required to be made to the Chief Superintendent of Education, unless they are Roman Catholics. • R. 0. Separate School Tecohert* Certificate qf Qualification. XIII. The Teachers of Separate Schools under this Act shall be subject to the same examinations, and receive their certificates of qualification in the same manner as Common School Teachers generally ;f provided, that persons qualified by law as teachers, either in Upper or Lower Canada, shall be considered qualified teachers for the purposes of this Act. Supporters of E. C. tSep. &ohools exempted Jrom Common School Rate*. XIV. Every person paying rates, whether as proprietor or tenant, who, by himseU or his agent, on or before the first day of March in any year, gives, or who, on or before the first day of March, of the present year, has eiven to the Clerk of the Muni- cipality, notice in writing that he is a Roman Catholic, and a supporter of a Separate School situated in the said Munici- pality, or in a Municipality contiguous thereto, shall be ex- empted from the payment of all rates imposed for the support of Common Schools, and of Commou School Libraries, or for the purchase of 'lanid or erection of buildings for Common School purposes, within the City, Town, Incorporated Village, or section in which he resides, for the then current year, and every subsequent year thereafter, while he continues a sup- porter of a Separate School. And such notice shall not be required to be renewed annually ;j: and it shall be the duty of the Trustees of every Separate School to transmit to the Clerk of the Municipality or Clerks of Municipalities (as the '"^' This section provides for the attendance of non-resident Roman Cntholie children at the Separate S^ >'! of another section ; and the fourteenth and nine* teentb sections exempt their iirents and guardians from all Common Scliool rates levied in th^^ City, Tovn, Inoi* porting the Separate Schools under their mtmagement ; and every rate-payer whose name shall not appear on such list shall be rated for the support of Common Schools.* ' Certificate of notice to Municipal Clerk be given by him. XV. Every Clerk of a Municipality, upon receiving any •iHsh notice shall deliver a certificate to the person giving such notice, to the effect that the same has been given, and showing the date of such notice. Penalty for fraudulent notice. XVI. Any person who fraudulently gives any such notice, or wilfully makes any false statement therein, shall not thereby secure any exemption from rates, and shall be liable to a Jenalty of forty dollars, recoverable with costs, before any Qstice of the Peace at the suit of the Municipality interested Exception at to Common School Rates already imposed. XVn. Nothing in the last three preceding sections con- tained, shall exempt any person from paying any rate for the support of Common Schools or Common School 'Libraries, or for the erection of a School House or School Houses, im- posed before the establishment of such Separate School. Persons may withdraw their support from B, C. Separate Sehoolt. XVnr. Any Roman Cathdic who may desire to withdraw* his support from a Separate School, shall give notice in penalty hereafter provided. (See Sooti^n 16 above.) The form of notioe may oe u tollowB : Schiiol Section No. . ., Tcraship of or Ward, City [or Town] of Sir,— I hereby give you notice, in accordance with the provisions of the fonr- tainth clause o^ the Sepiirate school Act of 1863, that I am a Roman Oatholio, and a, ■npporter of the Roman Oatht'.ic Separate School for Section No. .., in this Township [or .. . Ward in this Oity or Town], and therefore oiaim exemption from all Common School rates levied in this School Section [City or To\m] as provided by law. Dated this .... day of 186.. I am, Sir, your obedient servant, To the Clerk of the iiinicipality of A. B. * Roman Catholic supporter.'^ ot' the Separate School, giving proper notice, are by the above, exempted from all Common School rates levied by either County or Township Councils, uv by Common School Trustees, within the Section, City, or Town, in which they rceide, provided that such residence is witbiu three miwt of the separate sehoul house. See nineteenth section of this Act. u. eachyeai^ rsons sup-' neat; and such list him. iving any ivingsuch 1 showing? ^h notice, ot thereby able to a 3fore any [iterestedL sed: ions Goa« te for the raries, or »ses, im- ol. Sehoolt. '^ithdraw otice in lotioe mnj the foar- }Iio, nnd a, in this zemption »r To\7n] A. B. )tice, are County on, City, eomilM writing to the Clerk of the Municipality, before the second Wednesday in January in any year,* otherwise he shall be deemed a supporter of such School : Provided always, that any person who shall have withdrawn his support from any Rbman Catholic Separate School, shall not be exempted from paying any rate for the support of Separate Schools or Sepa^ ttiXtf School Libraries, or fo: the erection of a Separate School' House, imposed before the time of his withdlrawing such 8Up> port from the Separate School. Sv,pportert of a Roman Catholic Separate School defined. XIX. No person shall be deemed a supportei of any Sepa- rate School unless he resides within three miles (in a direct; line) of the site of the School Houses ,.,^j Oondition of sharing in Legislative School and' other grants. XX. Every Separate School shall be entitled to a share irr the fund annually granted by the Legislature of this Province for the support of Common Schools, and shall be entitled aldo to a share in all other public grants, investments, and allot- ments for Common School purposes now made or hereafter to be made by the Province or the Municipal authorities, ac-; cording to the average number of pupils attending such school during the twelve next preceding months, or during the num- ber of months which may have elapsed from the establish- ment of a new Separate School, as compared with the whole average number of pupils attending school in the same City, Town, Village or Township, f ■> I ' * Fcim of Ifotiee of mthdrawal from tupport of R. 0. Separate School: Township o f Sch. Section No. -day of- 186— Et*v—I hereby pive notice, as required by Saw, of the withdrawal of my Buppert from the lioman Oatholio Separate School a t in this Municipality. I am, Sir, your obedient '■ errant, lb tke^Glerk of the MunieipaHty of J. W. J The number of teaching. days in each month of 1863, omitting the alIow«d' idayB and vacatioDs. is as follows First Half of the Year. January 21 February 20 March ) As Easter is oliangenbie, j 22 April ) titese will vary. ( 21 May 21 June 22 Total. 127 Second Half of the Tear. July 2S August 21 September 2* October 22 November 21 December 18 Total. iir Thenumlera 127 and 117 are the fixed diviBors for obtaining the propor- tional average attendance of children at the Oommon and Separate Sehools in. JR. Oafholio Separate Schools not to share in Municipal Assessment* ' ■ XXI. Nothing herein contained siiall entitle any such Sepa- rate School within any City, Town, Incorporated Village or Township, to any part or portion of school moneys arising or accruing from local assessment for Common School purposes within the City, Town, Village or Township, or the County or Union of Counties within which the City, Town, Village or Township is situate. Half Yearly Return to be sent to Chief Superintendent. XXII. The Trustees of each Separate School shall, on or before the thirtieth day of June, and the thirty-first day of December of every year, transmit to the Chief Superintendent of Education for Upper Canada, a correct return of the names of the children attending such school, together with the average attendance during the six next preceding months, or daring the number of months which have elapsed since the establish- ment thereof, and the number of months it has been so kept open ;* and the Chief Superintendent shall thereupon deter- mine the proportion which the Trustees of such Separate School are entitled to receive out of the Legislative grant, and shall pay over the amount thereof to such Trustees. , ; , . - Who are Visitors of Roman Catholic Separate Schools. XXIII. All Judges, Members of the Legislature, the heads of the Municipal bodies in their respective localities, the Chief Superintendent and Local Superintendent of Common Schools, and Clergymen of the Roman Catholic Church, shall be Visi- tors of Separate Schools. I Election of Roman Catholic Separate Trustees void in certain cases, XXIV. The election of Trustees for any Separate School shall become void unless a Separate School be established under tiieir management within three months from the election of such Trustees. "^ Bchool sections each half-year. The number of teachiug days in each month ii prescribed by the g^'nernl regulations, nnd ia always the same fur Common and Depaiate Schools. In cities, towns, and villages, (he number of teaching days ia the second lialfycar is 107 ; and where the Giaminar and Common Schools are united, there are 118 iu the first half- year and 96 in the second. * All official returns to the Chiof Superintendent, ar a Loral Superintendent^ Tvhich are made upon the printed blank forms furnished by the Educational Department, aliould be pre-paid one cent, and open at each end, so as to entitle them to pass throMgh the post as printed papers. Nu letters should be •ncloBtd vitb sucn returns. MMsment. luch Sepa- Village or arising or I purposes lie County a, Village 'ent. all, on or St day of 'intendent he names e average }r during establish- n so kept on deter- Lte School ind shall le heads he Chief Schools, be Visi- tin easet. School iblished election month it nmoD and days ia lools are ntendent^ ucational to entitle «ncIoB«d Supporters of R. C. Sep. Schooh not to vote at Com. Sch. Eleetum. . XXV. No person subscribing towards the support of a Se- parate School established as herein provided, or sending children thereto, shall be allowed to vote at the election of any Trustee for a Common School in the City, Town, Village or Township in which such Separate School is situate.* Official Inspection of Roman Catholic Separate Schools. XXVI. The Roman Catholic Separate Schools (with their Registers) shall be subject to such inspection as may be di- rected from time to time by the Chief Superintendent of Fduca- tion, and shall be subject also to such regulations as may be imposed from time to time by the Council of Public Instruc- tion for Upper Canada. Disagreement between Human Catholic Trustees and Officials. XXVII. In the event of any disagreement between Trus- tees of Roman Catholic Separate Schools and Local Superin- tendents of Common Schools, or other municipal authorities, the case in dispute shall be referred to the equitable arbitra- ment of the Chief Superintendent of Ediication in Upper Canada; subject nevertheless to appeal to the Governor in Council, whose award shall be final in all cases. f * Supporters of Separate Schools, not hcins; on the school assessment roll, and not being allowed to vote nt Common Sohool election?, are consequently ineligible as trustees of Common Schools. And by the Common School Act, no teacher or trustee of any Common or Separate School can be a local superintendent. f The following are the Departmental regulations in regard to these appeal eases, &,q. : — 1. Appeals to the Chief Superintendent of Education. — All pa'-t'es concerned in the operations of the school laws, have the right of appeal to the Chief Super- intendent of Education, and he is authorized to decide such questions asi nre not otherWije provided for by law. But for the ends of justice, to prevent delay, and save expense, it will be necesi^nry for any party thus appealing: (I) To furnish the party against whom he may appeal, with a correct copy of his oommuni* cation to the Chief Superintendent, in order that such party nmy have an oppor> tunity of transmitting any exphmation or answer deemed expedient. (2) To state expressly in the nnpeal that rhe opposite party has been thus notified, as it must not be supposed that the Chief Superintendent will decide or form an opsnioa on any point affecting different parties, without hearing both fide?,'— whatever deloy may nt any time be occasioned in order to secure such hearing. Applioa* tion for aiivice in school matters, should in nil oases be first made to the Local Superintendent having jurisdiction in the municipality, 2. Cotnmuvifatioaa with the Government relatinp to Schorli, should be made through the Educational Department, Toronto, as aJI such communications not so made, are referred (o the Chief Superintendeut of Education, to be brought be- of4 When ihit Jet takes e^eet. XXVni. This Act shall come into force and take effect -from and after the thirty-first day of December next : But )dl contracts and eQgagements made and rates imposed, and all corporations formed under the Separate School Law hereby repealed, shall remain in force as if made uider the antho^itf of this Act '. ■" ' ■•!'■. / •"; fore )HiB Ezcelleoey through the proper department,— which oeeasioos oniieeM* •ary delay and expense. 2. OommunUatiotu gmertifly.—'Th^ parties eoneemed are left to their own . discretion OS to the form of all communications relating to schools, for which apeoific instructions are not furnished by the Department ; but they are requested to use large sised or foolscap paper. In all eommnnioations, howerer, the nuuiter of the School Section, and the noma of the 2hum$hip wad Pott Q^ee. with the official title of the writer should be giren ; and also the number and datea of any previous correspondence on the same subject. 4. The Journal of Education having been constituted by His Excellency the . Governor General in Council, the official medium of communicating all depart- mental intelligence and information, parties should refer to its pages on matten relating to the apportionment, blank reports, Depository, Normal School, &c. 6. Gommunicntions relating to the Journal of Education, to the Educational Depository, to Public Libraries, or to tie Superannuated Teachers' Fund, School Accounts, Poor Schools, (be. ho,, should be written on separate sheets from letters of appeal or on legal questions, in order that they may be separated and classified. 6. Postage Regulations in regard to Orammar and Common School Returnt.— AH official returns which are required by law to be forwarded to the Oblef Super- intendent, or a Local Superintendent, and which are made upon the printed blank forms furnished by the Educational Department, must be pre-paid, at the rate of one cent, and be open to inspection, so as to entitle them to pass through the post as printed papers. No letters should be enclosed with such returns. A neglect to observe this regulation has repeatedly subjected this Department to an unneces- sary charge oi fourteen and twenty-one onts on each package, including the post- office fine for non-payment. '7 . School Registers supplied through Local 5up«rtn permit all residents, on whose behalf school-rates are paid, and who ob- serve the rujes, to attend their school. 8. To visit the school and see that it is properly conducted ; that no unauthorized books are used ; that uU the pupils are supplied with proper text-books; that the library is available to the inhabitants, and ttint it is lawfully managed. 9. To exercise all the corporate powers vested in them, for the fulfilment of all agreements, contracts, Ac. : and to maintain a school in their section al to perform the duties of their office. 2. Ttoenty dollars for making a false return. 8. Fivt dollars for every week of delay in forwarding their annua/ report to the local superintendent. 4. Five dollars for neglect of calling annual or other necessary school meetings. 6. Five dollars for refusing to serve as trustee when elected. n 6. Fitu or imprimmment in caM they refuse to fiimirii the auditors with in* InraMtion. 1. Forfeiture of office udIcbb Roman Oatholio separate sohool be established within three months of election. V. Pinuitiei imposed oh other Pdrtiee hy the ConeoHddted Common School Law. ■ • 1. Tuenty dollars on returnina officer for Wronia: doing; 2. Tuenty dollars oii teacher for filse returns, days' notice of annual and special school meetings, in ihrte public places. 8. Declaration of office must be made by trustiees within two weeks after election. 4. Award must be complied with by trustees witliin one month after its publi* tion, under a penalty. 6. In cases of arbitration between Roman Oatholic Separate School trustees and teachers, the opposite party must, within three days, appoint nn arbitrator, or forfeit his right to do so. 6. Oollectors to collect Roman Oatholic Separate School-rates within ten dayt; and /our^ten days after the first application for the payment of rates, to seise and [oods and chattels of defaulters within tm without), and to give six days' notice of snle. sell the goods and chattels of defaulters within the section {thirty days when *l, within twenty days after the failure of calling annual or other meeting, two resident assessed freeholders or householders to give six days' notice of such meeting in three public places. • ; 8. Within twenty days after such school election, county or township local aupC'intendents can hear complaints, and set aside or confirm such election. Iial superintendents can appoint a school auditor after the twenty-second day of December, in case the trustees neglect or refuse to do so. 9. The Chief Superintendent can appeal from the decision of any County Judge in school matters, within thirty days from the rendering of judgment, 10. In default of payment of any fines lawfully imposed bo a Justice of the Peace, under the authority of the School Acts, the offender may be imprisoned for thirty days. 11. Wlien a public library book has been detained seven days beyond the week allowed for every hundred pages it contains, the librarian shall require it to be delivered within three days, or be paid for, in addition to the fine of one penny a day for detention. The library catalogue to bo open for inspection " at all sea* eonable times." 12. There are two vacations in the rural Common and Roman Catholic Separate Schools each year : — (1) The summer vacation of CL EXTRACTS FROM THE snT CX €m%ti\iMtA (Simwttn Ma«l ^(t Uv ^p^itt (Sm»ti», a ViCTOKIA, CHAFTBB 64. .'m1':^.: }-M i'Y' {Which, by the Jloman Catholic Separate School Jet of 1863, 26 Victoria, chap. S, an made to apply to the Trustees of R. C. Separate Schools.) (■ APPENDIX A.' LAW RELATING TO eOHOOL ELECTIONS, tarj, who shall record all the proceedings of the meeting. Dntlea of the Chairman*— Hla Casting Vote. 10. The chairman of such meeting shall decide all questions of oj^er, subject to an appeal to the meeting ; and in case of an eqwUty of rotes, shall give the casting vote — ^but he shall have no vote ex- cept as chairman. ... ..1^ Mode of reoordldg vote* at dohool Meetlnga. 11. The chairman shall take the votes in the manner desired by a majority of the electors present, but he shall at the request of any two electors, grant a poll for recordin^ the names of the voters by the secretary. (Section 12 i dates io Trustees of 'New Common School Sections.) * The usual furm of pnHseedipgs at public meetiogi, eompiled trom the Rules of the Legislative Assembly of Canada, and from other sources, is asfoUows : 1. The ehaimian shall pie^erTe order and decorum, and shall decide questions of order, subject to an appeal to the meeting. 2. Every elector, previous to speaking, shall rise and address himself to the chairman. 3. When two or more electors rise at once, the chairman shall name the elector who shall speak first, and the other or ethers ma.y appeal to the meeting, if die* satisfied with the chairman's decision. 4. Each elector may require the question or motion in discussion to be read for his information at any time, but not so as to interrupt an elector who may be speaking. 6. No elector shall speak more than twice on the same question or amendment without leave of the meeting, except in explanation of something which may have been misunderstood, or until every one choosing to speak shall have spoken. 6. The names of those who vote for, and of those who vote against the ques- tion, shall be entered upon the minutes if two electors require it. 7. A motion to adjourn shall always be in order : Provided no second motion to tlie same effect shall be made until after some intermediate proceedings shall have been had. 8. A motion may be debated, but cannot be put from the chair, unless the same be in writing and seconded. 9. After a motion is read by the chairman, it shall be deemed to be in pos^es- •ioD of the meeting; but may be withdrawn at any time before decision or amendment, with consent of the meeting.' 10. When a question is under debate, no motion shall be received unless to amend it, or to postpone it, or for adjournment. 11. All questions shall be put in the order io which tiiey are moved. Amend- naents shall all be put in the same order before the main motion. 12. A motion to reconsider a vot« may be made by any elector at the tame meeting ; but no vote of reconsideration shall be talten more than once on the same question at the same meeting. fl to ad* Tvrm of OiBoa of oaoh TRiatea. ' 13. The trustees so elected shall respectiyely continue in office, «i follows : (1) The/r<^ person elected shall continue in office fbr two jears, to be reckoned from the annual school meeting next after his election, Mid thence until his successor has been elected ; (9) The second person elected shall continue in office one year, to bo reckoned from the same period, and until his successor has been elected ; (3) The third or last person elected shall continue in office until the next ensuing annual school meeting in such section, and until his successor has been appointed. Copy of proeeedings to be sent to the Looal Superintendent.* 14. A correct copy of the proceedings of such first and of erery annual and of every special school section meeting, signed by the chairman and secretary, shall be forthwith transmitted by the [chair- man] to the local superintendent of schools .f A School Trustee to be annually elected In each Section. 15. A trustee shall be elected to office at each ensuing annual sbhool meeting, in the place of the one whose term of office is about *'A nport in the fblloaing fttrm tkould be tent to the local mperinlendent : , 18ft—. [ Post Office.} Sim— We tab^shed under the Act respecting separate schools and^ belposiug tft.^ the religious, persyasion thereof, and sending a child or children tnere^o, B^all be allowed to vote at the election of any trustei; for a common school in the city, town, village, or township in which such separate school is established^. 7^« of An^ii^l ^lohpp) Bfjoetlng to be appointed by theTmsteep, 520. The [Roman Catholic separate school] trustees of each schooL scffflbion shaJU apipoir^t the place of each annual school raeetingf of the^ Trr- . * See tbie onfi hundred and fortieth section^ j^age 66. fi iFoxf» of Notice for a,n ordinary Annual School Section Meeting : , ,',i; {m^ Rqman Oatholio Sefabatc Sohool Notiob. like, undersigned, TruotfOfs of the Roman Oatholio Separate School in Section; [or S«Qtioni] No- — , in the Township of , hereby give notice to the [a^?, aessedj Roman Catholic Freeholders, Housebolders, and supporters of the sa^l Separate School, that the Anwal Meeting will be held at - — , on the second' Wednejiday in Japc-^y, 186-, at lu o'^ook in the forenogo. for thepnrpjose: Ist. Of receiving ar.d deciding upon the Annual Rport of fbe Trustees ; iah. Of appointing an Auditor of the School Section %,coountB ; 8rd. Of electing a fit and' proper person as a School Trustee for the said Section; 4th. Of rMeiviog and dispoiing of the report of the Auditors of School Section accounts ; 6th< 0/ deciding upon the manner in which the salary of the teacher; and 6th. Hqw, tl||e other expenses of the school shall be provided. [Should there be anp other bu$ine$$ to bring before the meeting, it mutt be di$; tinetly mentioned in the notice, otherwite it cannot be entertained.] Dated this — dfiy of , 186-. A. B. ) Trunteet of Roman 0. D. V Catholic Sep. School E. F. ) {ft Section No. ->. NoTK.— 1. The manner of proceeding at the nnnuJ meeting is prescribed in the eixteenlh section of this Act [page 22.] 2. Should the Trustees neglect to give the prescribed notice of the Annual' School Section Meeting until it is too lute to give six day*' notice, they forfaAj each the sum of five dollars, recoverable for the purposes of tbv^ School SectioOi under the authority of the twenty-first aectipii, paore 25 ; and tben any two qpaltr fiied electors of the School Section are authorized, within twenty days, to caiU^ such meeting. The form of notice is appended in note f to the twenty-tecond section, page 26. 8. The foregoing notice sbouM be signed by a (liOJority o( the existing or sur* viving trustees, and posted in at least three public places of the School Seotioo, at leMt six days before the time of hold!' g the meeting. 4. The object or objeett of each school meeting should be invariably stated in th« nQtices coiling it ; and the uotices calling any school meeting should, in all caae^, be put up six days before holdiug such nieetiug. One form is sufficient for oa))j, 96 [assessed Roman Catholic] freeholders and householders [and aeparaU school supporters] of the section, or of a special meeting for the filling, up of any vacaicy in the trustee corporation occasioned by deaths rer^ movalf or other cause, or of a special meeting for the selection of a new- school site ; and shall cause notices of the time and place to be posted in three or more public places of such section, at least aix days before the time of holding such meeting and shall specify in such notices the object of such meeting. The"" may also call and give like notice* of any special meeting,* for any school purpose, Tvhich they think pro* per ; and each such meeting shall be organized, and its prooeedmgfi recorded, in the same manner as in the case of a first school meetingi [See the ninth to the eleventh sections of this Act, page 20.] t Penalty on Ttusteea for not calling certain Ek)hoo^ Meetings. 21. In case any annual or other school section meeting has not been held for want of the proper notice, each trustee, or other person whose dv^y it was to give such notice, shall forfeit the sura of five doWwcBito he sued for and recovered before a Justice of the Peace, by any resi- dent inhabitant in the section for the use thereof. [See the ontf Attn* dji^ed and fortieth secvion of this Act» page 56.] Meeting* to be oaUed in default of first or Annual Meetings. >" " 22. In case, from the want of proper notice, any first or annualf: school section meeting, required to be held for the election of trustees wrs not held at the proper period, any two [assessed Roman CathoHc] freehoideri; or householders [and separate school supporters] in such ing, a special echool meeting of any kind, and such form ia given in note * to (hif ; section. 6, The ««conc{ clause of the tvtnty-ffih section of the Oonaolidatsd OommoB School Act, page 27, authorizes Local Superintendents to call special soheoi- n^etiogs under certain circumstances. The Ueenty-iixth eectiou, on page 2,% algo authorizes certain other persons to call special m^tiogs, in ci)UBe uf tue dettb, of all the trustees, ot the clock in — — , for the purpose^ [ J7 feit the sum of _five dollars ; and every person so chosen who has not ' refused to accept the office, and who at any time refuses or neglects to perform its duties,t shall forieit the sum of twenty dollars, to be sued for and recovered before a Justice of the Peace, by the trustees of the school section for its use [as authorized by the or.c hundred and for* tieth section of this Consolidated Act. [See page 56.] Trustee may resign.— Absence, a forfeiture of offloe. ^»'< 24. Any person chosen as trustee may resign with the consent, expressed m writing, of his colleagues in office and of the local super- intendent. \The Common School Act of I860 further enacts that — 1 1. * . * a continuous non-residence of six months from his school section lor the adjoining section] by any [Roman Catholic Separate School] Trustee, shall cause the vacation of his office. • Mode of proceeding in contested Elections ''.;"i '> ^^'V • For other penalties imposed on delinquent trustees, see pages 40, 42, 48, and 66. \ [Fine for default, or in ease oj neglect to make declaration : And if any person elected as trustee shall not make the declaration enacted In the ninth section of the Separate School Act, page 1, within two weeks after notice of his election, hi& neglect to do so shall ue suflBoienl evidence of his re- fusing to serve, and of his liability to pay the fine, as provided for in the [pre* flcding r Appoitttmeat and duty of Solicol OoUeotoiv ,'(2)f To appoint if they think it expedient, one of themselves^ or * The Conrnon School Act of 1860/ur4A«r entteU that:—1. No lot or pweeed» log of a school corporation shall be deemed valid or biodbig on any party whi«l» {■'not adopted at a regular or special meeting, of ^ich aotiee shafi be given bj' thuGfocratary to all the Trustees, by notifying them personally, or by sending t^ Wittea notice to their reridencestg and the proceedings of auch trustee meetingt aliall be entered in a book of the oorporatiDn Itept for that purpoae; and aignfla ar the senLur or presiding trustee ; Pffoouifd always, that a ouqority ef thfr tnifi- es, at a meeting t^' called, shall have fnll authority to perform any lawful business.) f The one hundred and thirtieth and following sections of the Consolidated Common School Act provides a remedy against a defaulting Secretary-Treasurer. See page 66. Should the Trustees neglect to take security, they become person- ally responsible shonld any loss be sustained thereby, as provided iu the one htm- dred and thirtprseventh section of the Consolidated Oommon School Act, as follows : Certain parties personally responsible in ease School Fund be losi. _ I<^. If any part of the Oommon School Fund be embezzled or Ibst, throngb the dishonesty or faithlessness of any party to whom it has been entrusted, and proper security against such loss has not been taken, the persoB whose duty it was to have exacted such security shall be personally responsible for the sums so embez- aled or lost, and the same may be recovered from him by the party entitled to receive the same, by action at law in any Court having jurisdiction to the amoimt, c|r by information at the suit of the Grown. X Tht Oommon School Act of 19Q0 further enacts that ;— 6. It shall not be law- ful for any Oommon School Trustee to enter intp a contract witu th« corporation of which he is a member, or have any pecuniary claim on such corporation, except Cor a school site, or aaoelleetor of school rates, and then only when he shall be appointed, and tiie warrant to him signed by the other two members of th^ oor- poration, with the seul of the same. iJPtit notice should be in the following form '• ; ^ Roman Oatholic Separate School, in Section No. — , Township of u ,186-. SiB,— A meeting of the Trustees of the Roman Oathollo Separate School, in this Section, ii^Ul be held in the Scbocl House, [orotA«r pIoM tebe named^, on Mondav [or Tueeikuf, tej, the 10th inst., [or other date, as the ease tttoy ftej, to take into consideration oartaut SMOol business of this section DoG.D., Trustee of R. 0. SAparate School, Section No. — . Township of Tou are respectfully requested to attead. I am. Sir, your obedient servant, A. B., Senior Trustee [or Seeretarp, a$ f A*- ease may be. The notice should be in writing, and delivered to each Trustee, or to some adult memlnr ef his hmily. at his residence. i| Two trustees cannot act without consulting " third t The Court of Queen's Bench has decided that two of the trustees of a school are not oomk petent to act in all caics without consulting the third, »nd giving him an oppprtuni^ of uniting in, or opposing, the acts of his colleagues.— On* v. Ranney, et at. IS Q. fi. R, 877. HH some other pcrion a txdlector* (who nay ftlso be seeretMj-treaBurer)» te eolkot the rates imposed by tb^m upon [such af] the [BoQian Cath- idic] inhabitants of their school aeotion fas are supporters of the sepa- rate school] or the sums which the said inhabitants have subscribed, «nd may pay such collector, at the rate of not less than Jive nor more than ten per cent, on the moneys collected by him ; and every sUch collector shall give security satisfactory to the trustees,f and shall have the same powers by virtue of a warrant,^ signed by a majority of the trustees, in collecting the school-rate or subsoription [from such sup- porters], and shall proceed in the same manner as ordinary oolkotoTs of county and townsnip rates and assessments ;|| It 1 * Th$ Comtnon 8eh«i9l Act of 1860/«r«A«r tnmtt th*t ;— 21. GoUeotora of school rates aliall bave the mdm powara, and be under the same liability and obligations .in ibair caepeotive aohool munieifkalitiea, as township collectors have and are lia- ble in their respective muoidpalitlea ; and shall give anek seearity as may be satisfaotory to the trustees. See note f on page 27. f The security referred to tnay be given in the following form : '^'' Bimd of Collector or Seeretary-Treasurer. Know all men by these presents: That A. B, of 0., [<7o//M2>rafoi^ wr SttretAry-Treamrer, or both, at the com tnay ia], for ^e Roman Catholio Soho^ in Section No, — , in the Township of , in the County <>f , and Pro- vince of Canada, and F. O., of B., in the said Province, are held and firmly bound to I. J„ K. Ik, and M. N., Trustees of the Romnn Catholio Sdiool aforesaidf, in the asm af Dollars of lawful money, to be well and truly paid to the said Traa- tees, er their soecessors in ofice, for which payment well and truly to be made to tba said Trustees, we bind onrselves jointly and severally, our heirs, executors anA administrators firmly by these presents. Sealed with our seals, and dated at 0., this day of , in the year of our Lord one thousand eight hundred and sixty — . The condition of this bond is such, tjiat if the above bounden A. B., shall col- lect§ all school rates and assessments of the aaid School for which he has been appointed collector, and shall pay or cause to be paid over all moneys which he may collect (except his own per centage) to the {7Vu*(m«, or Seeretary^ Treaturer'l of the said School, within days from the receipt by him of siioh sum collected, and shall make a full return within days from the date of these presents, then ibis obligation shall be null and void, otherwise it shaU remain in full force and virtue. Signed,^ sealed, and delivered ) in presence of P.Q. >■ R.S ) A. B., Collector or Sec-Treasurer, {SetU.'X F. Q., [/Sw/.] 'A ■' \ For form of warrant see page 86. I Fo^istLB and duttet of Ooi.T.tovs the section for the repairs or building of 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. £very public school house and site are exempt from toxa- tio'j. — See the fifth clause of the ninth section of the Upper Canada Consolidated Absessment Aot, 22 Vict. chap. 65. u tv ■ »>?•.• j .i vm -i-x;. j._,^u,y<, . The following is the form of deed : Form of Deed for the Site of the Sohool House, Teaohar's Resldenee, Sco. Cilif Jnbtntutf, made the day of , in the year of our Lord one thousand eight hundred and , in pursuance of the School Acts of Upper Can- ada, and of the Act respecting the transfer of real property, between , of the Townthip [Village, Town, or City] of——, in the Oounty of , and Pro* i! 31 or given for [such separate] school purposes in such section,* and to ac- quire and hold as a Corporation, by any title whatsoever, any land* [biuinest or callitiff], of the firet part; • -, wife of the Tinoe of Canada, — •aid party of the first part, of the second part; and the Triistees of Roman Oatholio Separate School in Section No. — , in the Township of , [City, Tbwn, dtc, o/,] in the County of and Province aforesaid, of the third part : WHnttitt^, that in consideration of dollars of lawful money of Canada, now paid by the said Trustees to the said party of the first part (the receipt whereof la hereby by him acknowledged), he the said party of the first part, doth grant onto the said Trustees of the School aforesaid, their successors and assigns for ever, all and singular that parcel of land, ixi., lde$eribing it in fiili] : 9,0 i)avt ant to Ijol^ the same, in trust to and for th«. use o^a Roman Catholic Separate School [and Teacher's Residence], in and for School Section No. — in the Township [City, Town, &c.] of , and in the County and Province aforesaid, according to the provisions of the School Acts of Upper C.inada, and for the eduoa« tion of the Roman Catliolic resident youth of said School Section. The said party of the first part ^otnatlta with the said Trustees, that he hath the right to convey the said lands to the said Trustees, notwithstanding any act of the said party of the first part : And that the said Trustees shall have quiet pos- •ession of the said lands, free froh all ingumbbanoes. And the said party of the first part €o\)tttanta with the said Trustees, that he will execute such further assurances of the said lands as may be requisite : And the said party of the first part dovtnantt with the said Trustees, that he has done no act to incumber the said lands : And the said party of the first part releases to the said Trustees all bis «laims upon the said lands. And the said party of the secoud part hereby bars her dower in the said lands. Jn toitlUffl ttfl>ec(Of, the said parties hereto have hereunto set their hands and seals, in the day and year before mentioned. Signed, sealed, and delivered, in '. presence of • ~ T.H, M. B ■J J. G. [Seller't Seal.] F. R. [Seller't m/e'$ mo/.] TVutteeif corporate teal. S.M. ) LB. \ C.T. ) irt^t««<«<. Remarks — When the land has descended to the wife in her own right, she mu3t> besides joining with her husband in the Conveyance, appear before two Justices of the Peace, to declare that she han parted with her estate in the land intended to be conveyed without any coercion or fenr of ooorcion by or on the part of her liusband ; and the certificates of such Justices must appear on the back of the conveyance on the day of its execution. The form of the certificate is as follows : " We [intertinff Ike names] Justices of the Peace for the County of , do hereby certify that on this day of , 186-, at , the within deed was duly executed in our presence, by , wife of , one of the grantors therein named; and that the said wife of said , at the said time and place, being examined by us, apart from her husband, did appear to give her consent to convey with her estate in the lands mentioned in the said deed, freely and voluntarily, and without coer- cion or fear of coercion on the part of her husband, or of any other person or per- sons whatsoever. «'R. W ,J.P, "A. M ,J.P. "The Trutteet {and not the Teacher) the proper partiet to lue for a tretpatt on the ichool house. The Court of Queen's Bench has decided that the trustees of the school, and not the teacher, ehould'sue for a trespass on the school-house; unless it can be shown I .1 t •'■ -bioffaUe prapertj, moneys or income for [Roman Catholic separate} sehool purposes, and to apply the same according to the terms on which the same were acqmred or received ; BiiUOing, or otherwiae providing School ^remlsea. (4) To do whatever they may judge expedient with regard to the btiilding,* repairing, renting, warming, furnishing, and keeping in order the [Roman Catholic separate] section schooKhbuse, and its fur- niture and appendages, and tne school lands and enclosures held hy them ; and for procuring apparatus and text books for their school ; tliat the trustees have gireo tlie teacher a particular interest in the building, beyond the mere liberty of occupying it during the day for the purpose of teaching.— Monaffhan ▼. Ferguton << aL 8 Q. B. R. 484. NOTS.— Shonld the tnutees permit the achoQl-houae to be used for oth«r than lawful porpoaei, the Court of Chancery can restrain them from doing io. ->? ♦ Deeiriont of the Superior Oourit in regard to the 8ehool-Hou»e : '^^^ School Triutee eonlractt not valid without their corporate Seal. ' I. The Court of Gopimon Pleas has decided that tlie Trustees of a School Section being a corporation under the School Act, are not liable as such to pay for a school house erected for and accepted by them, not having contracted imd-^r sral for the erection of the same. The seal is required as authenticating the concurrence of the whole body corporate.! — ifar«AaW v. Trustees No. 4, Kitley, 4 0. P. R. 876. Contract under Sieal riyned by a mvgority of the Corporation binding, 2. The same Court has also decided the fbllowing case : — A contract was entered into by tuo of the Tnutees of a Section under Iheir corporate seal for building a ecboOT house, after the house was built the Trustees refused to pay on the plea that the contract was not legal, a jury having given a verdict in favour of the Trustees, a new trial was ordered, and the verdict set aside. — Forbei v. Truetees, No. 8, Plympton, 8 0. P. R. t8, % Schoot-houte and lite in uie not lioble to be told on judgment againtt Trustee Cot' poration, ca not they but the inhabitants of the Section are the eestuia que trust (i. e. persons for whose benefit the trust is held.) "8. The Court of Queen's Bench has given judgment as follows: In a case it> which a school site had been eiveo to the trustees for the purposes of a school (with the ooudition that it should revert to the giver in case it snould cease to be used for echool purposes), and on which they had erected a school^honse, judgment t -^ I 1 ' i i 1 ( 1 I 1 i 1 ! . i ■ \^ 34 (9) Not applicable to Roman Catholic Separate Schools. CfttioD, to be a T«aober in said School ; aod ve do hereby contract with and emploj ■uch Teacher, at the rate of [A«r< ituert the mm in loord*,] per annum, from and after the day hereof ; and \re further bind and oblige ourselves, and our sucoeesort in office, faithfully to employ the rowers with which we are lei^ally invested by the •aid Act, to collect and pay the said I'encher, during the continuance of this agree- ment, tlie sum for which we hereby become bound — the snid sum to^ paid to the •aid Teacher, [quarterly, dec, at the cane mai) ie.] And the said Teacher herebjr contracts with the Trtistees herein named, and binds liimself J[or herself] to teaoD and conduct the Separate School, in said School Section, accordmp: to the dchool Lav and the regulations which are in force under its a liority. This agreement shall continue in force [hereinttrt the period of agreemetit,] from the dnte hereof (unless the certificiite of the said Teacher sliouli) in the me»ntinie be revoked or annulled* according to law), and shall include nli lawful holidays and vacations, prescribed nnder the authority of the School Law. Given under onr hands and the seals of office, this — day of — , 186-. •' - ' .K.L., Witne,,. aSl ^'"*'f"' . G. H., Teacher. [Seal.'] * t. «• By the Chief or Local Superintendent See page-fiS. Note. — Agreements between Trustees and n Teacher must be signed by at least two of the Trustees and tiie Teacher, and must have the corporate seal of the eeo« tion attached. See the twenty-4xlh section of thu Gonsoliilated Onmmon School Act, page 27. See also the twelfth section of the School Act of 1860, below. The Gommon School Act of 18&0 furtfier enacts that: 12. All agreements be* tween Trustees and Teachers, to be vtii'l and binding, shall be in writing, signed by the parties tliereto, and sealed with the corporate seal, and may lawfully in- dade any stipulation to provide the teacher with board and lodging. Decisions of the SupxaioR Goukts im qeoabd to Teachers. ^ Local Superintendent Signing a Contract with a Teacher is a mere approval of the appointment. 1. The Court of Queen's Bench has decided, that a Local Superintendent signing, together with trustees, a contract with a teacher, will be considered as having signed the same only as opproviiig of the appointment, aud not as contracting with the teacher. — Campbell v. mliott et al., 3 Q. B. R. i!41. J^usteef agreeing to furnish a Teacher with fuel, must be applied to for it. 2. The Court of Queen's Bench has decided that when a teacher charged the trustees upon a special agreement stated to have been made by them, to furnish the snid teacher with fuel when required, they could not be charged with a brctoh of eoveuiint, as a request with time and place had not been stated in the teacher's declaration.— ^n<2er«on v. Vansittart et al., 6 Q. B. B. 335. [Quare by the Court, whether such an agreement could be enforced.] Form of a Receipt from Teacher to Trustees. Received from the Trustees of the Roman Catholic Separate School in Section No. — , in the township of , the sum of [here write the sttm in words] in pay- ment of my salary in part [or in full}, for the [month or qinrter] ending the — jgyof , 186-W , . .i A. B- Teacher. 35 Provide for SalarlM and Ezpenaes, as authorised by Sohool I Eleotora. (10) To provide for the salaries of teachers* and all other expenses^ of the school, in such manner as may be desired by a majority of the [assessed Roman C|tholicJ freeholders and householders [and support* ers of the separate school] of such section, at the annual school meeting, or at a special meeting called for that purpose, and to employ all lawful means to collect the sun ^"quired for such salariea and other expenses ; Defidenoies to be made up by rate on property. And should the sums thus provided be insufficient to defray all the expenses of such school, the trustees may assess and cause to be col« lected an additional rate, in order to pay the balauce of the teacher's salary, aud other expenses of such school ; Make out rate-bill and Collector's Warrant.:} (11) To make out a list of the names of all persons rated by them "for the [Roman Catholic separate] school purposes of such 8ection,|| *No rate can be impoteilfor the payment of an Unqualified Teacher, The Court of Queen's Bench litis decided ihnt no rnte can legally be imposed bj tmsteea for the salary of an unqualified teaober. — Stark v. Montague et al. 14 Q. B. R. 473. f These " expcnaes " may be " for any lawful purpose whatsoever " (see twenty- firet clause of this section, pnge 40.) and may tbuiefure include c>>llector'd fees, law costs incurred in maintaining or defending swcfSKful 8uit?,§ or any olher iuciden- tals connected with the offi'je of Trustees. While Trustees are bound to carry out the lawful decision of their constituents, ns explained in notef, pnge 22, no publio meeting can limit, or deprive them of the authority conlorred iipon them by the lattsr part of this {tenth) clause. X Form of, and mimber of Signatnret to Warrant. ' The Court of Queen's Bench has decided that the warrant may be signed by two trustees [but see the seventh section of (he School Act of 1S6U, as note ^ on page 27]. In making cognizance under such warrant, it is sufficient to slate that the plaintifT was duly assessed and that the collector was duly appointed. It is not necea!!£vy to state therein that the rate was duui Jod upon at a meeting, as required ' by statute, or how the appointment was made. — Gillies v. Wood. 13 Q. B. R. . 867.^ . I Trustees til ode of collecting School Rates. ■ ,,„ : ... The Court of Queen's Bench has decided that trustees are bound to colleot by warrant from the residents of the scIhh)! section ; an i to sue for and recover by , their name of oirice from persons residing without the limits of the section and %lforate can be imposed by Trustees for the re-imbursement of costs in defending/ illegat acts. The Court of Quecn'M Bench has decided thnt school trustees cannnt impose a rate to reim- burse themsclveM for costs inciirre>l in derundini; unsut'ccssfiilly a siuit brouKht airaiiist them for levying an unauthurized rate, or for travi-lliiiz expenses incurred in order to consult witlt the Superintendent ; but a rate may be levied to reimburse school trustees for the costs of defanduiii a griundless action brought against them.— 14 Q. B. B. 473, aud 10 Q. Ji. R. ^^ H • 4 Mi ^ I and thft MDowDt pnytble 1^ each, and to annex to rack lift a wan«nt directed to the collector of [such iepiurate] school section, for the coUeo- tif{l).of the several sums mention^a in such list,; and any school-ratie inaposed by trustees/ according to this Act, may be made payable, miojjihly, quarterly, halif-year^. or yearly, as. thepr. may thinV ex-,. pedieni.t • * mal^inj; default of payment* IS 0, B. R. 6Sfi. thive milea from the Separate School house.) (But not if they reaide more thaQ\ TrutUtif Warrant to collect School Rate* only legal mthin their own Section. Thtjf muat me nonrrttfdmte. Th^ Court of Queen's Bench haa alro decided that sohool trustees can only glT/i; a ^ntrrant to collect scbooUrates within the limits of the section for which they are appointed.— OtV/ira v. Wood. 18 Q 6. R. 857. [For Form of ^'arrant, ae(»^ DoM * below.] • Form of Warrant for the collection of Rate Bill or School Rate ;§ " ■** We, the undersig^ned. Trustee* of the Roman Catholic Separate Sohool in Sec- tion No. — , in the township [iDity, Town, Ac] of_ , m the County of date hereof, to collect from the several individuals in~ the annexed rate-bill [or eehool-rate roll,\] the sum of money opposite their respective names, and to pay within days from the receipt tliereof, the amount so collected, after retaining joar own fees, to our Secretary-Treasurer, whose discharge shall be your acquitr. ' tafice for the sum so paid. And in default of payment on demand by any pereoD.>.. io rated, you are hereby authorized and required to levy the amount by distress •Dd.sale of the goods and chattels of the person or persons making default. ' '- Otven under our hands and seals of office, this — — day of , 1S6-. 0.' d' > Trueteeif RsMABKS. — ^The Trustees being a corporation, the law requires that all warrant*' and documents issued by them in that capacity, should have the corporate seal of the school attached, otherwise they may be resisted, and the Trustees made per- sonally responsible for such neglect. f .By the general regulations [tixth elmw, fifth section), which are appended,./ the fees for tuition in any Common School are payable in advance. They must be' ohr;rjred for each Calendar month and not per day. They cannot exceed seventy- ■ Jivf: cmts per quarter.— See the one hundred and twnty-fifth section of this Act; ' ' pogo 55. Frrm of Rate Bill for School Feen, as authorized by the eleventh clause of thit section, and the one hundred ahd ttaentyjifth section of this Act, (pages 85 and 66), to be annexed to the foregoing Warrant, Rate Bill of persons liable for School Fees for tuition at the Roman Catholic Scpa- , rate School in Section No.—, in the Township of , for the [montit ' 5 Where arbitrators, acting under the authority of the eighty sixth section of this Act- are con)|)elled to issue a warrant to enforce their award, they can modify this form of war>! rant fbr tfabt purpose. ni!he Collector's roll for the sohool rate can be taken fh>m "any Township assessor's roll, an ter aa it relates tO the Soman Catholic supporters of the separate s^shool rodent in tW^ sohool seotiom STreasnrer of the Section for all moneys pnid him. The Seoretarj-Traasurer should ako take a receipt from the Teacher for all moneys paid him. (See form of receipt on, page 84.) The taking and giving receipts for moneys paid and received will prevent errors and misunderstandings. 4. As the school sccounts of each year must be kept separate by the Chief Superintendent of Education, so must the rate bill and school rates. These bitia and the warrants can be made ont for ft month, or for one or more quarters of a yifftr, iit the same time, as the Trustees may think expedient. 6. Form of Receipt to be given by the Qolleetor on receiving the amount named in the Rate Bill. Received from [here insert thep&fton't name} the sum of [A«r« write the aum if» 4Por«b] being the amount of his [or her] Rate Bill for the [month or quarter, te.} ending on the day of , 186-. A. B., Collector ofRoman Catholic Separate School Moneys. Bated this day of ,186- 6. Form of a Receipt to Parents or Chtardiant on the payment of their Rate SUL Received from [here write the name of the Pupil or Person paying] the sam of t\k*r' wrt/tf the sum in words'] in payment of the Rate Bill due from [here tsrtt* m chase of school sites* and the erection of school, houses, and for any- other school purpose authorized by this Act to be collected from the [Roman Catholic] freeholders and householders [and separate school supporters] of such section ;*)' Township Roll to be ftimlshed to the Trustees, and the township clerk or other officer having possession of such roll is hereby required to allow any one of the trustees or their authorized collector, to make a copy of such roll, as far as it relates to their school section ; Trustees may exempt Indigent Persons. ': (13) In their discretion to exempt from the payment of school rates, wholly or in part, aay indioent persons, and to charge the amount of such exemption upon tl e other ratable inhabitants [who are Roman Catholics, and separate school supporters] of the school section, but the same shall not be deducted from the ' ilary of a teacher ; the name of the penon in whose behalf payment ia made} to the Trustees of the Roman Cntliolic S^parnte School ia Seotion No. — , in the Township of for fhe [month or quarter] ending the day of , 1S6-. Dated this doy of , 1S6-. li. 6., Collector {or Teacher.) REVAnES. — When the payment of the rate hill is made by the parent or guardian concerned, the receipt should state it accordingly. If payment of the rate bill be made to the teaclier, it should be authorized by the trustees. The teacher should, of course, apprise the collector of all payments made to him, so that the collector may not be at the trouble of calling upon such persons. Rate Ulls arc payable in advance. * Before procuring a new or changing the old site of a school hou$e, Trustees must first obtain the sanction of a public meeting. See the thirtieth section of the Consolidated Common School Act, page 42. f Property rates must be levied equally on all taxable property of Roman Catholic separate school supporters in the section ; but persons residing more Uiau three miles from the separnte school-house are uot liable for separate school rates. (See the following decision.) Vulator'e tstate little for School auestment rate in the hands of deviseet and executors. 2. The Court of Common Pleas decided as follows :— An action of replevin may bo brought upon a distress for school rates, and notice of action is not ne> eetsary, where several devisees and executors were rated for a cchool rate fai respect to the property of their testator as " John Applegarth and brothers," which entry appeared to have been made nt the instance of some of them ; but two \)f them only had slept on the premises occasionally, although such was not their ordinary place of residen(>e, and thoy had received the usual notice of assessment in the form without npncoling, and the same two had paid taxes on an assessment on the township roll in their individual mimes. Hum8 over $5, remitted to the Department for library books, maps, apparatus and prize books. See Depart- mental Regulations appended ; and also printed on the cover of each Register* afr and in case tbey or any of them wilfully neglect or refuse to exercise ^ttich powers,* tbe trustee or trustees so neglecting or refusing libaU be personally responsible for the fulfilment of such contract .or Prepare) and Read Report at Annual Miaeting. ,(21) To cause to be prepared end read at the annual meeting of their section, their aunuai report for the year then terninatmg, which report «hfdl indade, among other things, a full and detailed account of tbe receipt and expenditure of all school moneys received «iDd expended in behalf of such section, for any purpose whatever, during such year, and in case of dispute the matter shall be refenred to arbitraitioQ in the manner provided in the \eiffhth'] section of [the GoBuhon Sdiool Act qif 1860, on page 41.] ijii) Not applicable to Roman Catholic Separate School*. -Jill J>«iO. '-,,?.' -i ■• ' jlfal^ Teai-Iy R^oit to Looal Bupertnftflndant. (23) To ascertain t^ ipk^mber of ehUdren between the ages of five 9nd sixteen years ^-e^iding iu their section on the thirty-first day of Jlfjecfifnber in eajph year ; j and to p/cf p^ ; -nd transmit annually, <»n * P«r»i»uii tfiudlUy of Trutteet dependent upon (heir neglect or rfifutal to ^xereUe their Corporate povem. 1. Tbe Court of Queen's Beoch has decided, that, as by the Uwentiethl clans* of the [twenty- teven^'\ section .of tbe Upper Canada Coosolidated Common School Act, the trustees cad only be personally liable when they have wilfully 'nes;leoted or refused to exercise their corporate powers, such neglect or refusal should have ^btea alleged and shown in the award, to warrant its directions to levy on tbe ^i^t.ees personally. Q^are by the Court, whether the arbitrators have authority to determine tb* question of personal liability on the part of the trustees. — Kennedy v. Burnt** « a/., 16 Q. B. R. 478. 2. Neglect of Trxuttee to exereite their eorporette poitere mittt be proved. '* 2. The Court of Common Pleas also decided cnother similar case, aa follows ;— In an aotion of replevin for goods of school trustees dietraine'l under an award for the salary of a school teacher, deolaring the trustees individually liable on the ground " that the trustees did not exercise all the corpor:: .^ powers vested in them by tbe school act? for the due fulfilment of the cr Snit" made by them with 9ucb teacher. fle/d by the Couit, That the award as evidence did i ot -or' pleas wbi(ph averred OS required by the [e their corporate powera to raise the money to pay it.-^ Kennedy v. Hall et al, 1 C. P. R., 218. f By the thirly-firtt seoti'in of the Consolidated Common School Act, trustees are also made personally responsible for moneys lost to the section by their neglect of duty. See page 48. X See next section of this Act, 41 or before i\ie fifteenth day of January, a report to the local superin- tendent, signed by a majority of the trustees, and made aocordmgto a form provided by the Chief Superintendent of Education. Penalty for delaying Yearly Report. 28. In case the [B>oman Catholic separate school] trustees of aay , school section neglect to prepare and forward the aforesaid amMUkl seport to their local superintendent by the thirty-fint dAj oi Jamumy in ea;Qh year, each of them shall, for each week after such thirty-firgt day of January, and until such report has been prepared and pne- ,sented, forfeit the sum o^ five dollars, to be sued for by such Ic^pI superintendent, and collected and applied in the manner provided by the twenty-first section of this Act [page 26.] [2%« twenty-ninth section has been superseded by the eighth section of the Qunmon School Ad of 1860, as follows : ] Annual /.ppointment of Au£itor0 of School Seotlen AccQWiitB.* 1^8. In order that there may be accuracy and satisfaction in regaled to the school accounts of [Roman Catholic separate] school sections, the majority of the [assessed Roman Catholic] freeholders and house- holders [and separate school supporters] present at the annual school meeting [for such school] shall appoint a fit and proper person to be auditor of the [Roman Catholic separate] school ac- counts of [such] section for the then current year, and the trustees shall before the first day of De&ember in each year, appoint another auditor ; and the auditor thus chosen, or either of them, shall forth- with appoint a time before the day of the next ensuing annual school meeting, for examining the accounts of [such] school secHon ; [Traatees to submit tholr Sobool Aooovuits to the Auditors. [And it shall be the duty of [such] trustees, or their secretary- treasurer in their behalf, to lay all their accounts before the auditors or either of them, together with the agreements, vouchers, &c., in their possessfon, and to afford to the auditors or either of them all the information in their power as to their receipts and expenditures of school moneys in behalf of their school section ; • I- _ [Powers and Duties of Sohool Section Auditors, 9to. [And it shall be the duty of the auditors to examine into and decide upon the accuracy of the accounts of such section, and whether the trustees have truly accounted for and expended for school purposes the moneys received by them, and to submit the said * The object of this clause is to prevent the gui^picion that trustees pervert any part of the school fuud to private purpoBes, and not to limit the exereise of the power conferred upou them by the preceding seotion of the aet. [Sue tke definition of the term " other expenses," given in note f to the ttnth clause of tbe twerUy'Stventh section, page ?6. Auditors should be guided by that note in auditing the accounts of the schuol seotion. See also note f to i\\a fourth c|u;^« of the nxttenth section of the Oousolidated Common School Act, page 22.] 4i ,'4 ! » accounts, with a full report thereoa, at the next annual [Bom&n Catholic separate] school meeting ; and if the auditors Or either of them object to the lawfulness of any expenditures made by the trus- tees, they shall submit the matters ir. differeuce* to such meeting, which may either determine the same or submit them to the Chief Superintendent of Education, whose decision shall be final, and the auditors shall remain in office until their audit is completed ; The auditors or either of them shall have the same authority to call for persons and papers and require evidence on oath and to enforce their decisions, as have arbitrators appointed under the authority of the eighty-fourth, eighty-fifth, and eighty-iixth sections of the said Upper Canada [Consolidated] Common School Act [pages 52, 53] ; and it shall be their duty or that of either of them to report the result of their examination of the accounts of che year to the annual [Roman Catholic separate] school meeting next after their appointment, when the annual report of the trustees shall be presented, and the vacancy or vacancies in the trustee corporation be filled up, as provided by the law ; [Remedy In case the Ttustees fail to call the Meeting for Auditors; [And if the trustees omit to cail such public meeting by notice issued not later than the twenty-second day of T)ecmiber,'\ the same may be called by any two qualified electors. [Remedy in case the Trustees fail to appoint an Auditor. [And if the trustees neglect to appoint an auditor, or appoint one who refuses to act, the local superintendent shall appoint oue for them; [Penalty on Trustee refusing Information, &o.,.to Auditors. [And if the Trustees, or their Secretary in their behalf, refuse to furnish the Auditors or either of them with the papers or information in their power and which may be required of them relative to their School accounts, the party refusing shall be guilty of a' misdemeanor, and upon prosecution by either of the Auditors or any rate-payer, be punished by fine or imprisonment as provided by the one hundred and fortieth section of the said Upper Canada [Consolidated] Common School Act [page 56.] New School Site to be authorized by Special Meeting. 30. No steps shall be taken by the [Roman Catholic separate school'j trustees of any school section for procuring a school site| on which to erect a new school house, or for changing the site of an established li' • That ia, as to tlie lattfnlnefs, and not the expediency, of the expenditar^ The truHtees are thu Bole judges of Uie expediency of any expenditure. Se« page 1^2, note. f T)iji: date refers to the year 1860. In future years it will be sufficient if the notice be given when culling the annual meeting. X See the tixth section of the School Act of 1860, page 28. I I 4S 4 the school house, without calling a special meeting of the [assessed Romaik Catholic] freeholders and householders fand separate school sup- porters] of their section to consider the matter.* Differences between Trustees and People to be referred to Arbitration. And in case of a difference as to the site of a school house between the majority of the trustees and a majority of the [assessed Roman Catholic] freeholders and householders [and separate school sup- porters] at such special meeting, each party shall choose nn arbitrator, and the local superintendent, or in case of his inability to attend, any person appointed by him to act on his behalf, shall be a third arhi- trator, and such three arbitrators, or a majority of them, shall finally decidef the matter.;}: Trustees personally responsible for Monejrs lost. 81. The [Roman Catholic separate] school trustees of each school section shall be personally responsible for the amount of any school moneys forfeited by or lost to such [separate] school section in con- sequence of their neglect of duty during their continuance in office ; and the amount thus forfeited or lost shall he collected and applied in the manner provided by the twenty-ilrat section of this Act, page 25.§ (The 32nc2 to the QOth tections relate solely to the duties of Municipal Coun- cils and their officers.) •^■— — • - . »■ * llie Local Superintendeut may call this raeetiag if desired, see page 27. In lelecttng a Site, TVusters cannot net without consulting their constituents. The Court of Queen's Bench hns decided that the Trustees cannot, without any reference to the [assessed] freeholders and householders of the section, determine npon a site for the school nouse, and impose a rate to meet the expense of its par- chuse.—Orr v. Ranney et al ^ 12 Q. B. R. 877. \First arbitration in regard to a School Site cannot b$ set asi^ by a subsequent Special Meeting. The Court of Common Pleaa 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 tbeir decision was not acted npm ; subsequently another meeting was called, and their decision and proceedings were acted upon, and the site changed. Jdeld, that the proceedings were irregular, and that the trustees had not autho- rity to change the site of the school houee without the sanction of a special meeting of the [aseesised] freeholders and householders, and that the second meeting had no authority to alter the determination previously made. — Wtlliamsv. Trustess, Ho. 8, Plympton. 7 C. P. R. 659. X The School Act of I860 further enacts : 16. Arbitrators appointed under the authority of the Upper Canada Consoli- dated Common] School Act, and Local Superintendents, engaged in investigating and deciding upon school complaints and disputes, shall bu entitled to the same remuneration per diem for the time thus employed as are members of the Municipal Council of their county for their attendance at Council Meetings; Provided always, that the parties concerned in such disputes shall pay all the expenses incurred in them, according to the award or decision of the Arbitra- tors and Local Superintendents re-pectively. g While Trustees are thus made personally responsible for refusal to exercise their corporate powers, and whilo the acts of a majority are binding upon the Oor- "ii, IPIF 44 APPENDIX 0. POWERS AND DUTIES OF SCHOOL TRUSTEES IN CITIES^ TOWNS, AND INCORPORATED VILLAGES. So far as applicable to Soman Cat'iolic Separate SchooU. Board to appoint Local Superintendent. 61. The Board of [Soman Catholic Separate] School Trustees for e^ery such City, Town, and Village respectively, shall appoint the l«ocal Superintendent of [such separate] schools for the City, Tow=, ,locl Villi^e. [See the eighth clause (c) of the seventy-ninth section of this Act, page 47]. ELECTION OF TRVSTBB8 iV CtTIBS AND TOWNS SJrViDED INTO -WARDS. (62 d: 63 aupersededf as to Moman Catholic Separa;t« Schools, by fhe VOth ^ffeetiennf theS^arate School Act of 1863, page 8.) Annual MeotionB of one School Trustee in each Ward of Cltleiiaid Towns. 64. lA every City and Town [in which a Roman Catholic sepatdte .fohool has been established] at the time prescribed by the tMrd section of this Act, [second Wednesday in January'] an election shall be held in each ward at the place of the last municipal election, and under the direction of the same Returning Officer, and conducted in the [same] manner as an ordinary municipal ward election ;* bilt in case of the default of such Returning Officer, then under the diriection 0f such person as the electors present may choose ; and at such elec- tion, one fit and proper person to be a Trustee shall be elected by a majority of the votes of the [assessed Roman Catholic] freeholotors and householders [and separate school supporters] in and for each Mch ward respectively, and such Trustee shall continue in offlbe for fwo years, and until his successor has been elected. , : .m feLECTlON OF TRUSTEES IN VILLAGES AND TOWNS NOT DIVIDEb INTO WARDS. 65- In each Town, not divided into wards, [in which a sepai'itte schobl has been established] and in each [such J Village, thete shtdl be six [Roman Catholic separate] school trustees, two of whom after poration, yet no majority of the Trustees can aot without notifying their ooll«agu« or .colleagues, and giving him or them an opportunity of joining in, or diesentjiig ^oin, their acta. See the seventh Hection of the School Act for 1860, on page 2^, tod alao note * to the tuimtuth clause of the twenly-uventh seetion of the Con- solidated OommoD School Act, page 40. * The Common School Act of 1860, enacts as follows : 4. • • * In cities, towns ?)d incorporated villages the same time shall be allowed for the election of School rusteea which is allowed for the election of Municipal Councillors in suchmunioi- pslitiea. ,...-:.., ,,. .„,,,,„ .,..,, ! ii 111 48i ,e tht fiiiit election shsll retite yearly on the aeeond tf^iSketday fn Janmary. Snoh Trustees to be £ vlded Into Cltuum. 67. The ptoman^ Catholic sepantte school] trustees of eV(bpy such town and village shidl be divided by lot into three classes of iip» in^viduals each, to be numbered one, two, three; the first of which' classes ahtAl hold office one year, the second two years, and the third th'ee years, and until their successors respectively be elected. Term of Office of Bnch Trostees. 68. The trustees composing one of such classes shall retire; yearly in rotation, the order of such vrotation of the trustees first electjed bding determined by lot at the first meeting after their election, and, .^ except the trustees elected at the first election, the trustees so to. retire shall be those who have held the office for the then next pre* ceding three years, or who have been elected to supply any vacancy in the retiring class. Annual Bleotions of Two Trtstees In Villages and T6irn • Mnuioipalities. 69. A schqol: meeting shall be held annually oa the teemd^Wed- neaday.in January, in. each town and village, at the place of the then last annual electiqn of councillors, at which meeting the [assessed . Boi;nan, Catholic] freeholders and householders [and separate school^ supporters] of the town or village shall elect two persons to be trus*. . tees in the place of th^ ^ioa retiring from office, which trustees elect shall continue in office three years, and until their successors ha^e been elected. , , , , Challenging Voters at School Elections. ' 70. In case an objection be made to the right of any person to vote at [such] election in any city, town„ or village, or upon any other subject connected with [Koman Catholic • separate] school purposes th,erein, the [person] presiding, at the election shall require the Sejsou whose right of voting is objected to, to make the following v eclaration : Declaration of Voter. ■ '•' " I do declare and affirm that I [am a lioman Catholic and] have "been rated on the assessment roll of thia city (town or village, «♦ "the case may be), as a freeholder (or householder, aa the case may," **be)i and that I have paid a school tax in this ward (town or village,' "as the case may be), within the last twelve months, and that I am ; "legally qualified to vote at this election." Whereupon tjie person making such declaration shall be permitted to vote,* f' Eflftct of snoh Declaration. "^ i -' 71. If inv person wilfully makes a falsa declaration of his right r to vote, h^ shall be guilty of a misdemeanor, and upon convictioio* . * By the nintteenthawtioa of tbis Act, and 26tb.«eotion of the Sepm-nte Schopl. / Aot, BupporterB of sepaitite schools are not allpwed, to vote at. tlje election of oqib* - ' moD Scbooltrustee*. Bee pages 24 aod 18. I . upon the complaint of any other person, shall be punishable by fine and imprisonment, in the manner provided for in the eighteenth aeo* tiou of this Act [pages 23 and 24]. Contested Elections In Cities, Towns, and VlUagea. Note. — The 72nd, 73rd, ond 74tli aeotions provido for the settlement of disputes with respect to common school truJtee elections, but are probably superseded as to separate schools by the 27th sectioo of the Separate Souool Act, page 18. 72. The Judge of the County Court shall, within twenty daya after the election of a common school trustee in any city, town, or incorporated village within his county, receive and investigate any complaint respecting the mode of conducting the election, and con- firm it or set it aside, and appoint the time and place of holding a new election, as he may judge right. {73. Provide a penalty in case of the illegal action of the Betuming Officer in common school eUetions. Costs of Contested Elections. 74. The expenses of any school r; ;ction contest shall be paid by the parties concerned in it, as may Le decided by the County Judge. Terms for which persons are Elected to fill Vacancies. 75. Any trustee elected to fill an occasional vacancy in a Board of [Roman Catholic Separate] School Trustees, shall hold office only for the unexpired term of the person in whose place he is elected to serve. Re-Eleotlon of any Trustee lawful 76 Any retiring trustee shall be elected with his own consent, Otherwise he shall be exempted from serving for four years next after leaving office. (77. Superseded by Bth section nf Separate School Act.) (78. Not applicable to Separate Schools. ) Duties of the Board. 79. It shall be the duty of the Board of [lioman Catholic Separatel School Trustees of every city, town, and village respectively, and they are hereby authorized : Election of Chairman, and his Vote. (1) To elect annually, or oftener, from among their own members, a chairman, who shall have a right to vote at all times, and in case of an equality of votes, the question shall be held to be decided in the negative. Appointment of Secretary, Superintendent, Collector, and Secretary Treasurer. (2) To appoint a secretary, local superintendent of schools, and, if requisite, one or more collectors of school-rates, which collector or collectors may be of their own number ; and one of whom may also be secretary-treasurer,* who shall be subject to the same duties* * Trustees are, by the one hundred and thirtieth and following sections of tbs Aet, authorized to proceed against any secretary-treasurer withboldiag papers, or rsfiuing to account to them. See page 60, /n r« Board of School Tnutfct V. MunUtpality o/Broekvillt. 9 Q. B. B. r ' 'i' 48 n i li mi than three persons for the special charge, oversight, and management of each school within tht; City, Town or Village. « (1,1) Not applicable to Roman Catholic Separate SchooU, TrttstMs to levy Rate* for Children attendUig Sobool. (12) To levy at their discretion any rates upon the parents or guar* dians of chilaren attending any school under their charge, and to emplbv the same means for collecting such rates, as Trustees of [Roman Catholic separate] school sections in townships:* and all moneys' thttS collected shall be paid into the hands f f the Seeretary-TVeaeureri for the [separate] school purposes of the same, subject to the ordet of the Board of Roman Catholic Separate School Trustees. TruatOM to give Orders fijr Siima duo to Creditors. (1.5) To give orders to Teachers and other school officers and credi- tors for the sums dUe td them, ♦ * •on tfaeii" owH Secretary-Trea- suirer. Tmatees to give Notloe of Annual and Special Meetings. (14) To call and give notice of annual and special school meetings ' of th^ [supporters of the separate school] of the City, Town or Vu- lagie, or of any ward therein, in the manner and under the regulation^' ^ prescribed in the twentieth section of this Act, for the appoint-' ment of annual and. special school meetings in the school sections of Townships [pages 24, 25.] To see that Authorised Text*Books are used, tmd appoint Librarian. (15) To see that all the pupils in the schools are duly supplied with"^ a uniform series of authorized text-books, and to appoint a Librarian'' to take charge of the school Hbrary or libraries when established: To iiee that Regnlations are obBerved—Publioatton ofTinanoial' and General Report. (16) To see that all the schools under their charge are condacted ' accordine; to the authorized regulations ; and, at the close of each ' year, to prepare and publish, in one or more of the public papers, or otherwise, for the information of the inhabitants of the City, Town or Village, an annual report of their proceedings, and of the progress and stAt^ of the schools under their charge, and of the receipts and expen^ ditur^of all school moneys. * Ward School Attetimentt of a City or Town illegal. The Court of Queen's Bench has decided, that an aBBcsament for jBchool pprfipa«ii,i;; mu9t be levied equally upon the ratepayers of the municipality, io proportion to. ^ their ratable property, and cannot be levied by ad unequal rate in the differeat-,- wa^S of such muDicipality.-~7n re Seott v. Municipality of Ottawa. 18 Q. B, ^^ „ 346. Sees the eleventh and the fourteenth daufles of the tvienty-$ev«nth sectioo, of. this Act, pages 86, 86, 87,88. (This decision is applicable to Union BbardaoCr Separate Schools in Cities, Towns and Villages.) 1 1 ■i$ To prepare Annual Report for Chief Superintendent. (17) To prepare and transmit annually, before the ^/teenth o/Janti* cry, to the Chief Superintendent of Education, in the form by hin^ provided for that purpose, a report, signed b^ a majority of the Trui- tees, containing all the information required in the reports of CommoQ School Trustees, and any additional items of information which majr be required. May ezerciee same Powers as Rural Trustees. ^' (18) To exercise as far as they judge expedient, in regard to their City, TowI^or Village, all the powers vested in the [Roman Catholie separate school] trustees of each school section in regard to such school section. yi APPEimiX D. COMMON SCHOOL TEACHERS AND THEIR DUTIES ,• So far at applicablt to Roman Catholic Separatt School Teachen. 80. No [male>or female] teacher shall be deemed a qualified teacher who does not at the time of his [or her] engaging with the trustees, and applying for payment from tlie school fund, hold a cer- tificate of qualification, as in this Act provided.f Teacher not to hold certain OfiBces. 81. No teacher shall hold the office of school trustee or of local superintendent. Duties of Separate School Teachers. :|: . 82. It shall be the duty of every teacher of a [separate] school j— To Teach according to Law and Regulations. (1) To teach diligently and faithfully all the branches required to be taught in the school according to the terms of his engagement with the trustees, and according to the provisions of this Act. > * Remarks on the duties of school teachers are appended. iThe Certificates granted under the Upper Can-ida Consolidated Common ool Act are: Ist. ProviDcinl Certificates of two classes only, grunted by the Chief Superintendent, to teachers who attend the Normal School ; 2nd. County ' Certificates, of three classet), granted by the County Boards of Pubho Inntruotion; 8rd. Temporary Certificates granted by Local Superintendents, until the next meeting of the County Board. The Roman Catholic Separate School Act further recognizes teachers qualified to teach in Lower Canada. X The twenty fifth clause of the seventh section of the Upper Canada Consolidated Jurors' Act, 22 vie. chap. 81, exempts Masters and Teochers of Grammar and Common Schools, actually engaged in teaching, from service as Jurors ; and the tewnty-fourth section of the Upper Canada Consolidated Municipal Institutions Act, 22 Vio. chap. 64. exempts them "from being elected or appointed Oounmlx Ion, or to any other corporate office." . H 00 Ve kflfsp the Register of dM BOttool. (2) To keep the daily, weekly, monthly or quarterly regiaten of the school.* To maintain proper Order and Dlsolpllne. (3) To maintain proper order and diaciplinef in his school aeoord^ ing to the authorized forms and regulations.^ To keep a Visitors' Book. (4) To keep a visitors' book (which the trustees shall provide) and cdBiBr therein the visits made to his school, and to present such book to each visitor, and request him to make therein any remarks siig> gested by his visit. To glya access to the Register and Visitors' Book. (6) At all times, when desired by them, to give the trustees and visitors access ito the registers and visitors* book appertaining to the school, and upon his leaving the school to deliver up the same to the order of the trustees II * As the twentieth section of the Separate Sohool Aot, page 11, oontemplates the distribution of the separate sefaool money to the several separate sehools aeoord* io^to.the average attendance of pupils at school, and not according to sAool-popa* Istion, Uie teacher who fails to k«ep a ful' '^d accurate account of ue attendance of pupils at his school, lessens the resourc he whole separate school section. Nor u any teacher entitled to his salary wi ,■■{ .< ;' i'7%« Common School Act of 1860 further enaeti : 1. Anyteacher wilfully refusing;:, on thedemandof the majority of the trosteesi of the school corporation employing him, to deliver up any school register or school Tp'libU PnUio QUartartj BstelnliMtloni. (6) To' hftr6 at the end of each quai^er a public examination of hii itfhool, of which he shall give due notice to tne truMees of the sehool, to any school visitors who reside in or adjacent to such school section, and through the pupils to their parents and guardians.* To fnrnlah Information to the Chief or Local Bupflxlntendalii (9^) To furnish to the chief or local superintendent of schools when desired, any information which it may be in his power to give respect- ing any thing connected with the operations of his schod, or in any* wise affecting its interests or character. Protebtlott of teaohetii tt regard to Walkty. d^. Any teacher shall be entitled to be paid at the same rate men- tioned in his agreement with the trustpes,t even after the expiration of tbe period of his agreement, until the trustees pay him the whcjis of his salary, as teacher of the school, { according to their engagement with him. II hooi* key, or other school property in hfi poueuioo, ehall be deemed ^Ity of* niedemennor, and ihall not be (uemod a qualified teacher until reelitutioa be made ; aud ahall alao forfeit any claim which he may have against the laid trai- teee. *FI»rm of liaehtr'i Circular Notice of the Quarterly Bieaminatum of hie Sehtel. Roman Oatholic Separate School House of Section No. — ', — ■ — , 1S«^ ' Sia,— As required by law the quarterly examination of my school will be held on — --d*y« the — of , when the pupils of the school will be publicly examined thtfie several subjects which th^have b^'eh taught during the quarter no#olo^ng. Thfi exercises Will commehce at o'clock, tUm., and you ure respedtfuBy reqtiMtM m attend them. I am, Sir, ydur obedient semint, A. E, Te And any aggrieved or dissatisfied party in any case not otherwise provided for, shall have the right ot appeal to the Chief Superin- tendent of Education. § * NoteB ihould be taken at these official visitntioDB of the ecboolB ; but no notiM of the time of holdlDg them should be given to the parties concerned. X See reguintioiis relating to correspondence with the Department, pages 18, 14 § The Common School Act of 1 860 further enacte : 14. The Chief Superintemient shall huve authority tn decide upon all disputss and complaints laid before him, the sctthiincut of which is not otherwise pro* Tided for by law, and ufion all appeals made to him from the decision of any local superintendent or other school officer. [In regard to these appeals, see regular HoM in regard to communioations with the Educational Department, pages 18, 14.] I Mi j 55 May Snapeiid TeaoIier'« Certifioate. (9) To suspend the certificate of qualification of any teaoher» fof a Boman Catholic separate school] granted by the Board of Public Instruction, for any cause which may appear to him to re- quire it, until the next ensuing meeting of the County Board, of which meeting due notice shall be given to the teacher suspended, and such Board shall dispose of the case as a majority of the mem' bera present think proper; and the cancelling or suspension of s teacher's certificate of qualification shall rcsleaae his school trustees from any obligation to continue him in their employment.* May give Tempoiary Certifioatea to Teaohen. (10) To give any candidate, on due ezamination, according to tlw programme authorized for the examination of teachers, a certificate of qualification to teach a [Roman Catholic separate] school within the limits of the charge of the superintendent until (but no longer than) tiie uext ensttmg meeting of the Board of Public Instruction of which andi local superintendent is a member ; but no such certificate shall be given a second time, or be valid if given a second time, to the sania pcraoB in the same county. APPENDIX F. SPECIAL PROVISIONS. So far as the teacher whose oertificate is suspended, the rmsons of it; and the Chief Supprintendent shall finally decide upon the case. NoTB. — AH contracts between teach nrs and trustees are void from the data of this suspension only ; and trustees cnn ot legally continue a teacher whose certi* ficate is thus suspended, in their en< >loyment; nor can they pay him any port of tba Bohool fund for services rend .J after tiie suspension of bis certificate. The suspension deprives the teacher of his legal title, and of the protection afforded by the tft^Aty/ourtA section of this Act, page 62. The term *t teacher" in the School Act, niuans a person holding the legal certificate from the parties »tt* tborized to grant tiio same, as defined in the eightieth suction of this Act, page 40 Be* also the eighth clause of the twenty-seventh section of this Act, page S8. rprrr 1 1 I i i'i But no rate-bill shall be imposed exceeding twenty-five cents per inonth* for each pupil attending the school. f (126 dk 127 not applicable to Roman Catholic Separate Schoolt.) Foreign Books not to be used without the Fermisaion of the ! Council of Fubllo Instrnction. 128. No person shall use any foreign books in the English brancheB of education, in any model or common school, without the express permission of the Council of Public Instruction ; and no portion of the Legislative School Grant shall be applied in aid of any common [or separate] school in which any book is used that has been disap- proved of by the Council of Public Instruction, and public notice given of such disapproval. C129 not applicable to Soman Catholic Separate Schools.) I Penalty on Secretary-Treasurer for refasing to account. 130. If any secretary- treasurer appointed by the [Roman Catholia separate] school trustees of any school section or any person having been such secretary-treasurer, has in his possession any books, papers^ chattels, or moneys, which came into his possession, as such secretary- treasurer, and wrongfully withholds or refuses to deliver up, or to account for and pay over the same or any part thereof to the person, and in the manner directed by a majority of [such] school trustees for fsuch] school section then in o£ce, such withholding or refusal shall be a misdemeanor. (131 to 136 refer to the proceedings of the County «/«dge.) Certain Parties personally Responsible in case of lost School Fund. 187. If any part of the common [or separate] school fund be em- bezzled or lost, through the dishonesty or faithlessness of any party to whom it has been entrusted, and proper security against such loss has not been taken, the person whose duty it was to have exacted such security shall be personally responsible for the sums so embezzled or lost; and the same may be recovered from him by the party entitled to recover the same, by action at law in any court having jurisdic- tion to the amount, or by information at the suit of the Crownl Penalty for False Repotts and Registers. 138. If any trustee of a [Roman Catholic separate] school know- ingly signs a false report, or if any teacher of [such separate] school keeps a false school register, or makes a false return, with the view of * The eleventh clause of tlio eixlh section of the Oonsolidated Provincial StatntM Qeneriil loterpretution Act, 22 Vict, clinp. 6, euaots that " the word month," in any Provincial Statute, "shall mean a calendar month." f A child attending only a fttw days of a month or quarter is liable for the whole month or quarter. By the amended Oouimun School Regulations, all school few are payable in a anve. See pago 60. X See also pa^^s 28, 29. m obtaining a larger sum than the just proportion of school mon^ coming to such [separate] school, such trustee or teacher shall, for each off>>^ce, forfeit to the [Roman Catholic separate] school fund of the township, the sum of twenty dolars, for which any person whatever may prosecute him before a Justice of the Peace, and for which he may be convicted on the oath of one credible witness other than the prosecutor ; and if upon conviction the penalty is not forthwith paid, the same shall, under the warrant of such Justice, be levied with costs by distress and sale of the goods and chattels of the offender ; and such penalty, when so paid or collected, shall by such Justice ,be paid over to the said [separate] school [fund ; or the said offender may be prosecuted and punished for the misdemeanor. Penalty for Disturbing a School or School Meeting. 189. Any person who wilfully disturbs, interrupts, or disquiets the proceedings of any school meeting authorized to be held by this act, or any school established and conducted under its authority, or wilfully interrupts or disquiets any grammar, common, or pthec public school, by rude or indecent behaviour, or by making a noiae either within the place where such school is kept or held, or so near thereto as to disturb the order or exercises of such school, phall, for each offence, on conviction thereof before a Justice of. the Peace, ax. the oath of one credible witness, forfeit and pay for [separate] school purposes to the school sectiou, city, town, or village, within which the offence was committed, such sum not exceeding twenty dollars, together with the costs of the conviction, as the said justice may think fit ; or the offender may be indicted and punished for any of the offences hereinbefore mentioned as a misdemeanor. How Penalties shall be Recoverable. 140. Unless it is in this Act otherwise provided, all fines, penalties^ and forfeitures recoverable by summary proceeding, may be sued for, recovered, and enforced, with costs, by and before any Justice of the Peace having jurisdiction within the School Section, City, Town, or Village in which such fine or penalty has been incurred ; and if any such fine or penalty and costs be not forthwith paid, the same shall, by and under the warrant of the convicting Justice, be enforced, levied, and collected, with costs, by distress and sale of the goods and chattels of the offender, and shall be by such Justice paid over to the [Roman Catholic separate] school treasurer of the school section, City, Town, or Village, or other party entitled thereto ; and in default of such distress, such Justice shall, by his warrant, cause the offender to be imprisoned for any time not exceeding thirty days, unless the fine and costs, and the reasonable expenses of endeavormg to collect the lame, be sooner paid. » ( ,;• -tl ■. M, APPENDIX G, I OUNBRAL REGULATIONS FOR THE ORGANIZATION, OOVERNMBRT AND DISOIPLINE OF COMMON SCHOOLS. So far a* applicable to Roman Catholic S^aratt SehooU. (Adopted by tb« Cauneil of Public In$truetion.) 'Wttraetfnmtfuiuientp-ftfthatetioH ^theBomau (MhoUe Separate S6hoolAet.-^*'am SoRMui OttbgUoSepante Schools, »b»]i bo nibjoct to raeh raRutationa u juvbe inpONdU ft«m time to tiow, by the CounoU .qt Public la»traotion for Upper C^nadiL" 1. Bonn of Daily Teftobing. Holidays, and VaoatioQa. 1. Tlie hours «f teaohiDg eaoh day shall not ezoeed $ix, eaclusire «f all Ih* time allowed at dood for recreation. Nerertheleas, a le«« number of hoars f«f 4)wlj teaching may be determined upon in any school, at the option of the tnii* tees. ■ 2. Good Friday, and every Saturday shall be a holiday as directed by flia statute. 8' IJiere shall be two Tacationa in each year; the first, or summer vaeatioai shdl oontiiMie fur too weeks from the firet Monday in Auguat; the aeeoad, ibr inght days, at Chriitmat. NoBK-xIn oilies, towns, and incorporated villoi^es, the summer Tacation shall continue /our weeks, from theirs/ Jaontkitf in Atigu$t. 4. All agreements between trusitees and teachers shall be subject to the feM' going regulations; and no teacher shall be deprived of any part of his salary ca aooouut of observing allowed holidays and vacations.* ^ 6. In order to enable the Educational Department to make an equitable appor* tionment to Roman Qathollo Separate Schools in oitias, towns, and villages whera nnipn Grammar and Common Schools exist, it is necessary that both the Common and Separate Schools should observe the regulations affecting holidays and vaca- (ioBS in grammar schools, as lollows : SVffi*, Vacationi, Daily Exerciies, and ffoKday$ in the Orammar SehooU tf Ujpper Canada. 1. There shall be /our terms each y tbr, to be desi^ated the winter, spring, ai^mer and autumn terms. The winter term shall begin the teventh of Januarfh and end the Tuesday next before Easter; the spring term shall begin the Wedntt- dny after Ea*ter, and close the last Friday in June ; the summer term shall begia the ueond Monday in August, and end the Friday next ^before the fifteenth «f October ; the autumn term shall begin the Monday following the dose of tM fummer term, and shall end the twenty aeeond of December. 8. Every Saturday shall be a holiday; or, if preferred by the board of trusteaa aqd head master of any grammar school, the afiornoon of Wednesday and Satur> day in each week shall be halfholidnys. AH days declared by law to be holidayi^ ■hall be holidays iu each grammar school. * No dednotion whatever can be lawfully made from any teacher's salary for any allowed holiday* or vacations t or for the exemption of payment of rates by iudiKeut persons, authv* riaed by law. m 2. Duties of Mastoni.*—(50« pa^« 49.) .mie eightieth and the eeven foUpwing seotions of the Upper Oaoada OonaoUdated 0(immon School Aol, presoribe, in explicit and comprehenaive terms, the duties of tpachera; and no teacher can legally clum his salary vho diaregards the rs* quirements of the law. Among other things, the act requires each teaeher to ** maintain proper order and discipline in bis school, according to the authoriaed forms and regulations." Page 60. The law makes it the dutr of the Chief Super- intendentoflSdaeation to provide the forms; ond the Counetl of Pvhlie Inetru^ Hon prescribes the following regulations for the guidance of teachers in the con- duct and discipline of their schools. It shall he the duty of each master of a [separate] school : ). To receive oourtebouse and its appendages, as are required by the third clause of the twenty-seventh section, and the fourth clause of the teventy-ninth section of the Upper Canada Consoli* dated Common School Act, pages 80 and 47, it shall be the duty of the master to give strict attention to the proper ventilation and temperature, as well as to the cleanliness of the school-house ; he shall also prescribe such rulss for the use of the yard and out-buildings connected with the school-house, as will insure their being kept in a neat and proper condition ; and he shall be held respouaible for any want of neatness and cleanliness about the premises. 14. Care shall be taken to have the cchool-house ready for the reception of pupils at least ^oks and requisites needed. i. The tuition fees, as fixed by the trustees, whether monthly or quarterly, shall be payable in advance; and no pupil shaK have a right to enter or continue in the aehool until he shall have paid the appointed fee. See pages 86 — 87. \%\ m -.■■f APPENDIX H. OSDER AND OLASSIFIOATION OF STUDIES PRBSCBIBBD POU THB COMMOW i, SCHOOLS IN UPPER CANADA. AS OBSERVED IN THB UPPER CANADA MODEL SCHOOL, TORONTO. AND APPLICABLE TO SOMAN CATHOLIC SEPARATE SCHOOLS. {Adopted by the Conneil of Public ImtruHum.) m (1) Table defining the eourte to be completed in the first, or Lowest, Division, Bmmeiation.—Tohe able to enunciate clearly and diBtinctly the elemeotaiy ' Bounds of the English language. Spelling and Definition.— To be able to spell any word in the First and Second Book of Lessons, and to give the naeaning in familiar terms. iJeadtw^— To be able to read fluently and well any passage contained in the First and Second Books of Lessons, and to know the nubstance of such lessons. Writing.— To be able to form correctly and legibly all the letters of the al,)ha* bet, and combine them into simple words. Arithmetic— To be able to read and write any combination of not more than KTK Arabic numerals, ana the Roman numerals to the s gn for 600 •, to know the Multiplication Table, and tlie Tables of Money, Weights, Length, And Time; to be familiarly acquainted with Simple Addition, Subtraction, Multiplication, and Division by factors. Orammar. — To be able to point out the Nouns, Pronouns, Adjectives, Verbs, and Adverbs in any common reading lesson ; to know the number, gender, and person of the nouns and pronouns. Geography.— To know the map of the World, map of America, map of Canada, and other parts of British America. Natural History, Object Lessons.— To have a familiar acquaintance with the habits, uses, instincts, Ac, of the most important animals of each class. Other Object Lessons may be used. . ; Needle-worh (for girls.)~Under the direction of the female teacher. (2) Table defining the course of Study to be completed in the Second Division. Reading.— To be able to read fluently and well any passage contained in the Sequel to the Second Book, or in the Third Book of Lessons, and to know the substance of such Reading Lesson. Spelling and Definition.— To be able to spell and define any word contained in the Sequel and Tliird Book of Lessons. Writing.— To be able to write legibly apd correctly. Arithmetic. —To be able to read and write legibly any combination of not more than TEN Arabic numerals to the left, and six to the right, of the decimal point, and the Roman numerals to the sign for 1,000 ; to be acquainted with the priuci- plea of Arabic and Koraan Notation ; to be thoroughly acquainted with the Arith- metical Tables, and to be familiar and piactically acquainted with the Simple and Compound Rules, Reduction, Greatest Common Measure, Least Common Multiple, Vulgar Fractions, and Simple Proportion, including Addition, Subtraction, Multi- plioation, and Division of Decimals and Decimal Currency. i^ p- !•'■= m I I Qrmmmar.—To be thoroughly MqniUiit«d with the grftininttiM HonoM, ud b« abl* to MialyM and puwaoyauj MBtaoee; Mid, m an czerdM in slate oompo* iition, to be able to mrM ihoM dClMH^tieiw of any nAtural objects. O^ogrmphy.— In addition to former limit table, to know the politioal and phyrieal feography of Europe, Asia, Africa, and America, and Oceania, the diflbrent oonn> ttA&ii#«a^ wHh th« eit*^! *^^ ^ kaow'tK* {MaiOAii «itd chief ciUM iA «• •tiilMof«b»At(k«flc«t1Tntoiib«^K'«tk^on Brifkb Am»rioi^ firain thePlMffloto the Atladtio OMiir. EUtory.— To hare a geteral kno'wTsdgi) of the dlitoty of the World, aa givea in the Fifth Book ^ EwnoH Phyaiology. — As contained in the Fifth Book. JVMb-wori (for girls) — Under the cUrectioa of the female teacher. (S) TiM«d^fMm§ ikt etmnt of attu^ to 6* oompltUd itH tkt lUirdJHvMtk. JtMidJiiff.— Fourth and Fifth Books, in same manimr u other books are ossid la Dsrjvaljon.— Readiing Books mi Sjpelling Book S^apirseded. #rrf^.—tei(f, and bold mnnb^ hand. Jriiyt;u Where trustees neglect to comply with the library regulations in maintaining the library provided for their section, they subject themselves to penalties, by the twenty third and thirty-fint sections of the Consolidated Common School Act of Upper Canada . The property of evei7 public library is exempt from tazittioiL 4. General Frfndples on which Books have been selected for th* Public Libraries. Extrcettd from the Minutes of the Council of Public Initruetion ind August, 1868. The Council of Public Instruction for Upper Canada deems it proper to state its principles of proceeding, In performing tlie important and responsible task of selecting books for these Public School Lihrnries : 1. The Council regards it as imperaUve, that no works of a licentious, vicious, or immoral tendency, and no works hostile to the Christian religion, should be admitted into the libraries. 2. Nor is it, in the opinion of the Council, compatible with the objects of the public school libraries, to intoduce into them controversial works on iheology.or works of denominational contrDversy; although it would not bo desirable to ex> elude nil historical and other works in which such topics are referred to and dis> euBsed ; and it is desirable to include ii selection of suitable works on the eviden- ces of natural and revealed religion. 8. In regard to books on ecclesiastical history, the Council agrees in n selection from the most approved works on either side. 4. With these exceptions, and within tliese limitations it is the opinio:; of tho Council that as wide a selection as possible should be made of useful and enlcr- •For Lil)rary lU gulatioiis, see " Libr.iry Manual." I I ll 64 • • taining booiss of permanent value, ndnptcd to popular reading, in tlio vaHoua do> pavtmeuts of human kuowlcilgc—Iuavin;; caoh municipality to consult its o\ra taste ond cxeixiso, und use its own discretion in selecting books from the general eatalosne. 6. The inelnding of any books in the frcneral catalogue is not to bo understood H the expression of any opinion by the Council in regard to any sentiments inouI> cated or combated in such books, but merely as an aequicjiccnce on the part of the Council in the purchase of such books by any municipality, should it thtnk proper to do so. U6. The general catalogue of books for public school libraries may be modified «nd enlarged from year to year, as circumstances may suggest, and as suitable new TTorks of value may appear. N. B.— No book mentioned in the general catalogue will be disposed of to any Brivuto individual, or for any other purpose than for that of public libraries'in 'ppcr Canada. The O'lly exception which can be male is in favour of teachers and local Superintendents, to whom professional works on teaching and eduoalioa may be supplied. APPEISTDIX J. DEPARTMENTAL NOTICES. 1. Public Library Books, School Maps, &o. &o. The Chief Superintendent will add one hundred per cent, to any sum or sums not lets than Jive dollar* transmitted to the De|mrlment by >Iunicipa1 and School Corpo- rations, on behalf of Grammar, Common, niid Scpar.ite Schools ; and forward Publlo Library Books, Prize Books, Ma|}s. Apparatus, Charts, and Diagrams, to the value of the amount thus augmented, upon receiving a list of the articles required. la all cases it will be necessary for any person acting on behalf of the Municipal or Trustee Corporation, to enclose or present a written authority to do so, verified by the Corporate seal of the Corporation. A selection of Maps, Apparatus, Lib- rary anrl Prize Books, etc., to be sent, can always be made by the Department) when so desired. ^^ Catalogues and Forms of Application furnished to School authorities OQ tbeir application. 2. School Registers supplied through Local Superintendents. School Re^sters are supplied gratuitously, from the Department, to Common and Se[)arate School Trustees in Cities, Towns, Villages, and Townships by the County Clerk — through the local Supc; intendents. Application should therefore be made direct to the local Superintendents for them, and not to the Department. Those for Grammar Schools have also been sent to tho County Clerk, aud will be Bupplied direct to tlie head Masters, upon application to the Clerk. 3. Postage Regulation in regard to Separate School Returns. All oiTicial returns which are required by law to be forwarded to the Chief Superintendent, or a Local Superintendent, and which are made upon the printed blank ftirms furnished by the Educational Department, vwst be prepaid, at tho rato of one cent, and be open to innpection, so .is to entitle them to pass through the post as printed papers. No letters should be enclosed with suc/i returns. A neglect to observe this regulation has re,,eatedly subjected this Department to an nnnecebsary charge of 14 cts. and 21 cts. on each package, including tho Post- ofTico fine of noav\y ^Jty per cent, for non-payment. "• '>■* mm" I n »"nrT^w»prrii. ^^ip, fB