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 EDUCATION ACT 
 
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 EDUCATION ACT 
 
 OF TBI 
 
 PROVINCE OF QUEBEC 
 
 [62 VICTORIA, CAP. 28] 
 
 ^n^JZZV"^ '^"^'^^ ^' ™ «>^™' AND TH. 
 HIOULATIOIW or TBK PBOTWTANT AND BOMAK 
 
 CATHOLIC COMMITIW OF TBE CO0KCIL OF 
 
 I'OBLic iinmiucnoif 
 
 COMPILED, COLLATED AND INDEXED 
 
 BY 
 
 ROBERT STANLEY WEK, D.gI 
 
 BBOOBDEB OF MONTESAL. 
 
 MONTREAT^ CAN. 
 
 C. THEORET. Uw BOOK Publisher 
 
 " AHO 13 IT. jAMn 8TIIIIT 
 
 1890 
 
ft ...Jk 
 
 r 
 
 / 
 
 
 Entered according to Act of Parliament of Canada in the year 
 one thousand eight hundred and ninety-nine, by 
 C. Theoret, Montreal, at the Department of the 
 Minister of Agriculture, Ottawa. 
 
 // 
 
 i ; 
 
The Education Act, which has just been enacted, is o^ 
 such vital and practical interest to so many persons, that 
 no apology is offered for presenting an edition of it to the 
 public. This book will, it is hoped, prove useful to the 
 teacher, the legislator, the advocate, and to the general 
 reader. In addition to an accurate text of the new law, 
 citations from the relevant jurisprudence of our courts will 
 be found ; and in the Appendix the Regulations of the 
 Committees of the Council of Public Instruction may be 
 consulted with advantage. 
 
 The new Educational Act provides for the introduction 
 of a system of free school books for Elementary Schools. 
 It reduces the powers of the Superintendent of Public 
 Instruction, placing him more in the position of a Deputy 
 Minister, responsible to the Government of the day^ than 
 of a mere official of the Council of Public Instruction. 
 
 The School Inspectors are also more subject than here- 
 tofore, as regards their appointment and removal, to the 
 political head of the Department. Appeals may now be 
 made on school matters to the Circuit Court of the District 
 
▼i pbbfaOb. 
 
 in which the dispute occurs, instead of to the Superinten- 
 dent. School Commissioners are authorized to establish 
 central schools, and engage conveyances for the children 
 who live at a distance therefrom. The principle that 
 schools are to be maintained in any district of the school 
 muuicipality, without record of the amount of the contri- 
 butors therefrom, is still further emphasized. 
 
 These are among the principal changes effected by the 
 Education Act. 
 
 R. STANLEY WEIR. 
 
 Recorder's Chambers. 
 Montreal, June, 1899. 
 
 
MEMBERS OF THE 
 
 PROTESTANT COMMITTEE 
 
 OF THE 
 
 Council of Public Instruction 
 
 JUNE 1899 
 
 The Honorable Boucher db LaBruerb (ex-offlcio.) 
 U. W. Heneker, D.G.L., LL.D. 
 George L. Masten, Esq. 
 Rev. W. I. Shaw, LL.D., D.D. 
 A. W. Kneeland, M.A., B.G.L. 
 Hev. A. T. Love, B.A. 
 Very Reverend A. Hunter Dunn, D'D, 
 Samuel Pinley, Esq. 
 Herbert B. Ames, B.A. 
 Principal W. Peterson, LL.D. 
 J. S. MacLareu, Esq. 
 W. J. Watts, M.P.P. 
 
 ASSOCIATE MEMBERS. 
 
 Reverend Elson I. Rexford, B.A* 
 S. P. Robins, LL.D. 
 Honorable Justice Lynch, D.C.L. 
 John White, Esq. 
 James McGregor, Esq. 
 
 / 
 
 Geo. W.Parmelee, B.A,, secretary. 
 
MEMBERS OF THE 
 
 CATHOLIC COMMITTEE 
 
 OF THE 
 
 Council of Public Instruction 
 
 JUNE 1899 
 
 I I 
 
 The Honorable Boucher de LaBruyere, 
 president, superintendent. 
 The Archbishop of Montreal. 
 The Archbishop of Ottawa. 
 The Archbishop of Quebec. 
 The Bishop of Three Rivers. 
 The Bishop of St. Hyacinthe. 
 The Bishop of Pembroke. 
 The Bishop of Nicolet. 
 The Bishop of Rimouski. 
 The Bishop of Chicoutimi. 
 The Bishop of Valleyfield. 
 The Bishop of Sherbrooke. 
 The Honorable L. F. R. Masson, Senator. 
 The Honorable F. Langelier. 
 The Honorable H. Archambault. 
 The Honorable Thomas Ghapais. 
 The Honoroble Gedeon Ouimet. 
 P. S. Murphy, Esq. , 
 
 Eugene Gr^peau, Esq., Q.G. 
 H. R. Gray, Esq. 
 J. L. Leprohon, M.D. 
 M. T. Stenson, Esq. 
 Lomer Gouin, Esq., B.G.L., M.P.P. 
 
 ;/ 
 
 Paul de Gazes, secretary. 
 
Table of Contents. 
 
 Pacjes. 
 Table of Concokdance between the Laws relatin:? to 
 
 'Pul»lic InHtruclion and the Education Act 1809.. xv 
 Table op Conoordanob between the Education Act 1899 
 
 and tiie Laws relating to Public Instruction.... xx 
 Table of Concokdance beiween the Municipal Code and 
 
 the Education Act 1899 xxvi 
 
 List of Cases Cited xxvii 
 
 Abbreviations ;.. .. xxxi 
 
 Errata xxxi 
 
 PRELIMINARY TITLE. 
 
 interpretative and declaratory. 
 
 articles 
 
 Chapter First.— Interpretative 1-29 
 
 Chapter Second. — Declaratory 
 
 Section 1. — Appointments by the Lieutenant-Gover- 
 nor • 30 
 
 Section I L — Oathf and , olemn Declarations 31 
 
 Section III.-Forma 32 
 
 Section IV. — Quorum >•• 33-34 
 
 Section V.— Default or Insufficiency of, and Delays 
 
 after notice • 35-36 
 
 TITLE FIRST. 
 
 Chapter First. — Department op Public Instruction. 
 Section I.r— General Provinons • 37 
 
 Sectioo IIf<-S(4f of tH^ Departi^euf.fff f ff»fff »*firt ^ 
 
t 
 
 ), 
 
 t 
 
 X TABLB OF GONTBNTS. 
 
 abtioleb 
 Chapter Sboond.— Supbriktendbnt of Puhlio Instruc- 
 tion ' 39-46 
 
 Chapter Third.— 
 
 Section I. --Council of Public Instruction 46 62 
 
 Section II.—- Comniitte<'8 of the Council of Public In- " 
 
 struction 63-63 
 
 Section III. — Provisions applicable to the Council of 
 
 Public Instruction and to the two com- 
 
 \, mitlees • 64 70 
 
 Chapter Fourth. — School Visitors 71-76 
 
 Chapter Fifth.— School Inspectors 76 83 
 
 Chapter SiXTH.—CKNTRAn Board op Examiners 84-93 
 
 TITLE SECOND. -^^„ i 
 
 School Municipalities and Districts— Dissentients^ 
 School Corporations— School Commissioners 
 AND Trustees — Notices — Trustees op Dissen- 
 tient schools — Secret art-Treasukers of School 
 Commissioners and Trustees. 
 Chapter First.— School Municipalities and Districts. 
 
 Sectioiii 1. — School Municipalities •••• 94-111 
 
 Section II.— School Districts 112-122 
 
 Chapter Second. — Dissenttents 123 140 
 
 Chapter Third.— School Corporations 141-144 
 
 Chapter Fourth. — School Commissioners and Trustees. 
 Section I. — Qualifications required to be a School 
 
 ComniiR.«ioner or Trustee.... 146 147 
 
 Section II.— Qualifications required to be an elector. 148-149 
 Section III. — Meeting for the election of School Com^ 
 
 missioners an 1 Trustees 1^0-167 
 
 Section iy.»^E lection of School Commissioners and 
 
 u Trustees « ..« 168-174 
 
 Section V,-»Term of office of School Commisfioners 
 
 and Trustees.. .;. 175-177 
 
 ^fCfipn Y^-^Copteetutions of elections of Bohool 
 
^ 
 
 TAMtM 09 ooKrmmm. iA 
 
 ABTICLE8 
 
 Section VII. — Replacing School Commissioners and 
 
 Trustees when vacancies occur during 
 their term of office 198201 
 
 Section VIIL— Meetings of School Boards 202-214 
 
 Section IX.— Powers and duties of School Oommis- 
 
 oioners and Trustees^ respecting the 
 management of Schools 216 
 
 Section X. — Duties of School Commissioners and 
 
 Trustees, respecting Teachers 216-228 
 
 S^tion XI. — Duties of School Commissioners and 
 
 Trustees, respecting school property. 229-236 
 
 Section XII. — Duties of School Commissioners and 
 
 Trustees, respecting school taxes.. . . 236-244 
 
 Section XIII. — Powers of School Commissioners and . 
 
 Trustees, respecting monthly fees. .. 246-261 
 
 Section XIV.— Duties of School Commissioners and 
 
 Trustees, respecting school -houses 
 and school lots 2^62-271 
 
 Section XV. — Duties of School Commissioners and 
 
 TrueteeSr respecting schools for girls 
 • and hoys 272 27$ 
 
 Section XVI. — Duties of School Commissioners and 
 
 Trustees, respecting Annual Census 
 
 of children 274-276 
 
 Ghapteb Fifth. — Public Notices — Special Notices — 
 Notices to be oiyen respeotino certain acts of 
 school oommissiomers and trustees. 
 
 Sf tion I.— Public Notices 277-286 
 
 Section II.— Special Notices 286-292 
 
 Section III. — Notices to be given respecting certain 
 
 Acts of School Commissioners and 
 
 Trustees 293 
 
 Chapter Sixth. — Trustees of Dissentient Schools.. 294 300 
 Chapter Setemth.— Secretary Treasurers or School 
 
 Commissioners AND Trustees.* 
 
 Section L— General Provit^ions. • • • . . 301-307 
 
 / 
 
/ 
 
 xii tAbls 01* oomlBNttu 
 
 ABTIOLSS 
 
 Section 11. — Secretary-treasurer's Security 308-312 
 
 Section III. — Secretary-treasurer's Securities 313 318 
 
 Section IV. — General Duties of Secretary -treasurers.. 319 331 
 
 Section V. — Accounting by Secretary-treasurers 332-336 
 
 Section YI. — Examination of the Accounts of Secre- 
 tary-treasurers 336-341 
 
 TITLE THIRD. 
 
 valuation of propertt — 80h00l taxes. 
 
 Chapter First. — Valuation of Property 342 362 
 
 Chapter Skoond.—Sohool Taxes 
 
 Section I. — Imposition of school taxes 363-372 
 
 Section II.— Collection of taxes 373-37^ 
 
 Section Ill.—Seizure of moveables 378 382 
 
 Section IV. — Oppositions to the seizure and sale of 
 
 moveables and oppositions for pay- 
 ment .S83-390 
 
 Section V. — Sale of immoveables for taxes 391-396 
 
 Section VI. — Collection of taxes from corporations 
 
 and companies legally constituted... 397-406 
 Section VII. — Assessment of non-resident rate-payers. 407 
 Section VIII. — Special assessments for certain pur- 
 poses ,. 408-411 
 
 Section IX. — Certain executory proceedings against 
 
 indebted school corporations 412-434 
 
 TITLE PODBTH. 
 
 public school fund — superior education fund — poor 
 
 municipalities fund. 
 
 Chaptkr First.— Public Sohool Fund. 
 
 Section I. — Application of public School Fund 435 440 
 
 Section 1 1. — Disposal of local School Funds 441-442 
 
 Section III. — Disposal of local School Funds in cerr. 
 
 tain cases 443 
 
 Chapter Second. — Superior Education Fund. — Poor ^ 
 
 Municipalities Fund 44Q-450 
 
g^ABLB O^ OONTfiNTS. Zlii 
 
 ▲BTICLB3 
 
 TITLE FIFTH. 
 
 normal schools— fabrique sohools — couktt a0adbmie8. 
 
 Chapter First.— Normal Schools. < 
 
 Section I. — Establi^hnient of Normal Schools 451 462 
 
 Section If. — Management of Normal Schools 4*>3 459 
 
 Chapter Second.— Fabrique Schools 460 462 
 
 Chapter Third.— Gountt Academies .....'. 463 471 
 
 TITLE SIXTH. 
 
 prosecutions— penalties — APPEALS. 
 
 Chapter First.- Prosecutions 472-474 
 
 Chapter Second. — Penalties 475-481 
 
 Chapter Third.— Appeals 482-492 
 
 TITLE SEVENTH. 
 
 tensions of officers of primary instruction. 
 
 Chapter First. — Pensions of Officers 493 503 
 
 Chapter Second. -Pensions of Widows of Officers 504-509 
 
 Chapter Third.— Instalments and Stoppages 510-520 
 
 Chapter Fourth. — Payment of Pensions 521-526 
 
 Chapter Fiftf.— Valuation op Salaries 527-632 
 
 Chapter Sixth.— Administratiye Commission 533 537 
 
 Chapter Seyenth. — Miscellaneous Proyisions 538-641 
 
 TITLE EIGHTH. 
 teaching of drawing, hygiene and agriculture — 
 
 SCHOOL libraries — SCHOOL BOOKS- 
 SCHOOL exhibitions. 
 
 Chapter First.— Teaching of Drawing, Hygiene and 
 
 Agriculture in Schools. 
 Section I. — Teaching of Drawing and Hygiene in 
 
 schools 642-543 
 
 Section II. — Teaching of Agriculture in i^chools 544 
 
 Chapter Second.— School Libraries ,•• 546-546 
 
 / 
 
/ 
 
 Xiy TASm 0F.00NTBNT8. 
 
 ARTICLES 
 
 Chapter Third.— School Books. 
 
 Section I. — Acquisition of books, maps, etc 647 
 
 Section II. — Oratnitous distribution of school books . . 548 
 
 Chapter Fourth.— School Ezhibitiovb • 649 
 
 TITLE NINTH. 
 
 LAWS REPEALED—TEMPORARY PROVISIONS— COMING INTO 
 
 voROE 650-668 
 
 Alphabetical Index to Education Act . c page 187 
 
 Rules and Regulations of Protestant Committee '* 1 
 
 « « " ** Catholic *• *« 1 
 
 
TABLE OF CONCORDANCE 
 
 Of the Laws relatin|; to Public tnstruction 
 (R.8.Q. 1860-2288) and the Education 
 Act (1899.) 
 
 (The numbers in the first columns indicate the articles of the 
 Re vioed Statutes of the Province; those in the second columns 
 the articles of the Education Act). 
 
 I860 1 
 
 •* §1 13 
 
 •' §2 2 
 
 " §3 16 
 
 •* §4 26 
 
 •« §6 3 
 
 « §6 4 
 
 '* §7 22 
 
 «• § 8 21 
 
 *« §9 25 
 
 «* §13 17 
 
 ** U4 24 
 
 " »16 27 
 
 « §16 28 
 
 1862 144 
 
 1864a 31 
 
 lfe68 30 
 
 1869 277, 278 
 
 1870 279, 280 
 
 1871 281 
 
 1872 282 
 
 1873 283 
 
 1874 286 
 
 1875 642 
 
 1877 V,..., 649 
 
 1888 50 
 
 1^88 71 
 
 1889 131 
 
 1893 46 
 
 1894 46 
 
 1896 46 
 
 1896 47 
 
 1897 61 
 
 1898 62 
 
 1«99 66 
 
 1901 63 
 
 1902 69 
 
 1903 47 
 
 1904 66 
 
 1906 ...* 67 
 
 1907 65 
 
 1908 68 
 
 1909 70 
 
 1910 ; 48 
 
 1911 i|9 
 
 1912 U 64 
 
 1912 66, 647 
 
 1912 §3 64 
 
 1912 §6 ^9 
 
 1913 , IK8 
 
 WW I » » I » f f f t f f M r M Pf 
 
xvi 
 
 TABLE OF GONGORDANGB. 
 
 ! i 
 
 1916 67 
 
 1917 67 
 
 1918 67 
 
 1919 67 
 
 1920 67 
 
 1921 67 
 
 1922 67 
 
 192H 67 
 
 1924 67 
 
 1926 67 
 
 1926 68 
 
 1927 66 
 
 1936 60 
 
 1937 61 
 
 1938 62 
 
 1939 63 
 
 1911 69 
 
 1942 76 
 
 1942 80 
 
 1944 78 
 
 1944 79 
 
 1946 ........ 77 
 
 1946 81 
 
 1948 76 
 
 1949 83 
 
 1960 72 
 
 1951 .... 73 
 
 1951 74 
 
 1953 82 
 
 1954 76 
 
 1959 93, 222 
 
 1960 93 
 
 1962 87, 89 
 
 1962 8 
 
 1963 92 
 
 1966 84 
 
 1967 86 
 
 1968 87 
 
 1969 86 
 
 1970 .... 94 
 
 1971 :... 99 
 
 1972 96 
 
 1973 96, 97, 98, 99, 100, lOl 
 
 1974 104 
 
 l^lv pftffff *tfr •tt* tt }-^^ 
 
 B. Pa K* A. 
 
 1976 106, 107 
 
 1977 108, 109 
 
 1978 110 
 
 1979 HI 
 
 1981 112,114, 116 
 
 1982 117 
 
 1983 113 
 
 1984 116 
 
 1986 123, 124,126, 126 
 
 1987 127 
 
 1987a 128 
 
 1988 129,130 
 
 19i)0 132 
 
 1991 133, 134 
 
 1992 136 
 
 1993 136, 137 
 
 1996 13d 
 
 1996 139, 140 
 
 1997 160, 161 
 
 1998 166 
 
 1999 161, 162 
 
 2000 166 
 
 2001 163, 167 
 
 200:i 15H, 169, 161, 162, 
 
 163, 164, 166, 166, 
 
 167, 169, 170 
 
 2003 170 
 
 2004 164, 171 
 
 2006 149 
 
 2006 146,146,148 
 
 2007 147 
 
 2008 171 
 
 2009 172 
 
 2010 198 
 
 2011 199 
 
 2012 4. 201 
 
 2016 178, 179, 180, 181, 
 
 182, 183, 184, 186, 
 187, 188, 189, 190, 
 191, lb2, 193, 194, 196 
 
 2016 174, 186 
 
 2017 176j 176 
 
 2018 177 
 
 2019 141 
 
 ?^20 ffffff .fff .»ff .20?> 303 
 
TABLB OF CONGORDANOB. 
 
 XTli 
 
 B. 8. Et A. 
 
 2021 203 
 
 2022 206 
 
 2023 20K 
 
 2024 20», 210 
 
 2025 212 
 
 202B 215, 217 
 
 2U27 216,218, 228 
 
 2028 223, 224 
 
 2029 226 
 
 2030 227 
 
 203:{ 229, 231 
 
 2034 142 
 
 20o5 •••••••... ••••• 232, 233 
 
 2036 236 
 
 2038 .... 237 
 
 2039 240 
 
 2040 215, 241 
 
 2044 239 
 
 2045 242 
 
 2046 242, 243 
 
 2047 244 
 
 2048 400,401, 402 
 
 2049 263, 254 
 
 2060 119 
 
 2052 256 
 
 2063 252, 255 
 
 2067 269,265,266, 267 
 
 2068 268 
 
 2069 257, 259 
 
 2060 260 
 
 2061 ••••.....••• . ... 261 
 
 2062 262 
 
 2063 263 
 
 2064 264. 268 
 
 2066 269 
 
 2066 270 
 
 2067 271 
 
 2068 246 
 
 2069 246 
 
 2070 120, 247 
 
 2071 248 
 
 2072 249 
 
 2074 260 
 
 2075 .., 261 
 
 B. B. »• ^« 
 
 2077 273 
 
 2078 274, 276 
 
 2079 276 
 
 2080 ..• 294 
 
 2081 294, 295 
 
 2083 297 
 
 2084 298, 299 
 
 2085 294. 300 
 
 2087 301 
 
 20S8 308, 309 
 
 2089 309,312, 314 
 
 2090 310 
 
 2091 316 
 
 2092 317 
 
 2093 316 
 
 2094 308,311, 318 
 
 20t)5 320 
 
 2096 213, .321 
 
 2097 213 
 
 2«98 214 
 
 2099 322 
 
 2100 323 
 
 2101 324 
 
 2102 325 
 
 2103 : 325 
 
 2104 326 
 
 2105 327 
 
 2106 328 
 
 2107 329 
 
 2108 330, 389 
 
 2109 3,31 
 
 2110 301 
 
 2111 307 
 
 2112 319 
 
 2113 306 
 
 2114 332, 334 
 
 2116 .. 333 
 
 2116 337, 338 
 
 2117 339 
 
 2121 V 336 
 
 2123 336 
 
 2126 .... 367 
 
 2128 342 
 
 2129 346 
 
 fl80 §f*ffff •$•••••• t 34| 
 
ZYlll 
 
 B.S. 
 
 2131 
 2132 
 2133 
 2134 
 2136 
 2136 
 
 TABLE OF CONCORDANOB. 
 
 X* jl* 
 
 • ••••• •• •••••• • 
 
 ,348,351,362, 357,360 
 343, 344 
 349, 350 
 .... 361 
 .... 362 
 
 .36.1. 366.368,369, 
 
 370, 371, 372 
 
 2137 ..376,376,377,378, 
 
 2138 
 
 2139 
 
 2140 
 
 2141 
 
 2143 
 
 2142 
 
 2144 
 
 2146 
 
 2146 
 
 2147 
 
 2148 
 
 2149 
 
 2160 
 
 2161 
 
 2162 
 
 2153 
 
 2154 
 
 2166 
 
 2156 
 
 2157 
 
 2168 
 
 2159 
 
 2160 
 
 2161 
 
 2162 
 
 2163 
 
 2164 
 
 2165 
 
 2166 
 
 2167 
 
 ^m 
 
 2169 
 ?173 
 2173 
 2174 
 1176 
 
 379, 380, 381 
 .382,384,385,387, 388 
 391. 392 
 
 • t*. ••••• 
 
 ,391,392,394,395, 396 
 
 373, 374 
 
 397, 398, 399 
 
 408, 409, 411 
 
 404, 405, 406 
 
 407 
 
 410, 411, 412, 413 
 414 
 
 415 
 
 , 416 
 
 417 
 
 418 
 
 419 
 
 420 
 
 421 
 
 422 
 
 423 
 
 423 
 
 423 
 
 424 
 
 426 
 
 426 
 
 427 
 
 428 
 
 , ., 429 
 
 430 
 
 431 
 
 432 
 
 , 433 
 
 434 
 
 ; ,,.... 436 
 
 436 
 
 ;' 
 
 .437. m 
 
 If f IfJ tftlMf jtttll 
 
 B. B. 
 
 2176 
 
 E. A. 
 439 
 
 2179 
 
 440 
 
 2180 
 
 441 
 
 2181 
 2183 
 
 122 
 
 440 
 
 2184 
 
 440 
 
 2186 
 
 443 
 
 2189 
 
 472 
 
 ?190 
 
 473 
 
 2192 
 
 474 
 
 2193 
 
 476 
 
 2194 
 
 479, 481 
 
 2195 
 
 480 
 
 2196 
 
 476 
 
 2197 
 
 478 
 
 2198 
 
 372, 477 
 
 2199 
 
 477 
 
 2200 
 
 4177 
 
 2203 
 
 161, 444 
 
 2204 
 
 445 
 
 2206 
 
 450 
 
 2207 
 2208 
 
 448 
 
 446 
 
 2209 
 
 451 
 
 2214 
 
 335 
 
 2216 
 
 453, 454 
 
 2216 
 
 455 
 
 2217 
 
 457 
 
 2218 
 
 458 
 
 2219 
 
 459 
 
 2220 
 
 460, 461, 462 
 
 22H2 
 2232 
 
 ..463, 464,465,466, 467 
 
 2233 
 
 469 
 
 2234 
 
 470 
 
 2236 
 
 471 
 
 2236 
 
 ..545 
 
 2237 
 
 546 
 
 2238 
 
 14 
 
 2240 
 
 493 
 
 2241 
 
 494 
 
 ?243 
 2244 
 2245 
 
 mi 
 
 ,,,,.. 496 
 
 ,, 497 
 
 ,.,M, 498 
 
 ff fft»ft Mff?? Ifff W 
 
r 
 
 B. 8. 
 2247 .•*. 
 
 TABLB OF go: 
 
 £. A. 
 500 
 
 ^gordaKob. 
 
 11. 8. 
 
 2269 
 
 B. A. 
 522 
 
 2248 .... 
 
 501 
 
 2270 
 
 623 
 
 2260 .... 
 
 602 
 
 2271 
 
 624 
 
 2261 .,., 
 
 603 
 
 2272 
 
 624 
 
 2262 .... 
 
 604, 606 
 
 2274 
 
 626 
 
 2263 .... 
 
 606 
 
 2276 
 
 527 
 
 2264 .... 
 
 607 
 
 2276 
 
 628 
 
 2266 . . . . 
 
 608 
 
 2277 
 
 629 
 
 2266 .... 
 
 609 
 
 2278 
 
 630 
 
 2267 .... 
 
 510 
 
 2279 
 
 631 
 
 2268 .... 
 
 511 
 
 612 
 
 2280 
 
 632 • 
 
 225:) ..., 
 
 2281 
 
 633 
 
 2260 .... 
 
 513 
 
 2282 
 
 533, 436 
 
 2261 . . . . 
 
 514 
 
 2282 
 
 636 
 
 2262 .... 
 
 616 
 
 2283 
 
 634 
 
 2263 .... 
 
 616 
 
 517 
 
 2284 
 
 639 
 
 2264 .... 
 
 2286 
 
 637 
 
 2266 .... 
 
 518 
 
 2286 
 
 638 
 
 2266 .... 
 
 519 
 
 2287 
 
 540 
 
 2267 .... 
 
 520 
 
 2288 
 
 541 
 
 2268 .... 
 
 521 
 
 « 
 « 
 
 } > ... 
 L*( 
 
 ... ...... V^* / 
 
 
 ^ 
 
 i 
 
 I. 
 
 *c 
 
TABLE OF CONCORDANCE 
 
 Of the Education Act (1899) and the Laws 
 relating to Public Instruction (R. 8. Q. 
 Arts 1860-2288). 
 
 (The nunibera in the fir8t column indicate the articles of the 
 Education Act ; tho«e in the second column indicate the articles 
 in the Revised Statutes) : 
 
 ^ 
 
 S. A. 
 1 
 
 2 
 
 3 
 
 4 
 
 6 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 46 
 
 16 
 
 17 
 
 18 
 
 19 
 
 29 
 
 21 
 
 22 
 
 23 
 
 24 
 
 26 
 
 26 
 
 27 
 
 B.8. 
 
 1860 
 
 1862, s. 2 
 
 1860, ». 6 
 
 1860, 8. 6 
 
 M. 0.19, 8. 2 
 
 ...... .... M. C 19, s. 3 
 
 M.C. 19, S.6 
 
 M.C. 19, s. 7 
 
 .*••• •••«•. M. v/« xV, 8. « 
 
 *••. ....*• Bit \jt It', 8. O 
 
 M.C. 19, 8. 9 
 
 M.C. 16,8.10 
 
 I860, 8. 1 
 
 2238 
 
 1860, 8. 3 
 
 .......... Bm» \j* ^*'9 "* ^^ 
 
 1860, 8. 13 
 
 I860, 8. 8 
 1860, 8. 7 
 . M. C. I9 
 1860, 8. I4 
 1860, 8. 9 
 1860, 8. 4 
 1860, 8. I5 
 
 28 1860, 8. 16 
 
 29 M.C.19 
 
 30 1868 
 
 31 1864a 
 
 32 
 
 33 
 
 34 
 
 36 
 
 36 
 
 37 
 
 .38 
 
 39 
 
 40 
 
 41 
 
 42 
 
 43 
 
 44 
 
 46 
 
 46 1893, 1894, 1896 
 
 47 1896, 1903 
 
 48 
 49 
 60 
 61 
 62 
 63 
 
 1910 
 1911 
 1888 
 1897 
 1898 
 1901 
 
 64 1912, 8. 3 
 
 in:: 
 
TABLB OF OOKOOftDANOa. 
 
 ixi 
 
 s. ▲ 
 66 
 
 66 
 
 67 
 
 68 
 
 69 
 
 60 
 
 61 
 
 62 
 
 6» 
 
 64 
 
 66 
 
 66 
 
 67 
 
 68 
 
 69 
 
 70 
 
 71 
 
 72 
 
 73 
 
 74 
 
 76 
 
 76 
 
 77 
 
 78 
 
 79 
 
 80 
 
 81 
 
 82 
 
 83 
 
 84 
 
 86 
 
 86 
 
 87 
 
 88 
 
 89 
 
 90 
 
 91 
 
 92 
 
 ^3 
 94 
 
 r^m 
 
 >m 
 
 ^9 
 
 1912 
 
 1927 
 
 1916» 1925 inol. 
 
 1926 
 
 1902, 1912, 8. 6 
 
 1936 
 
 , 1937 
 
 1938 
 
 1939 
 
 1912, 9. 1 
 
 1907 
 
 1899, 1904 
 
 1906 
 
 1908 
 
 1941 
 
 1909 
 
 •••••• ••# •> •••••. 
 
 1888 
 
 1960 
 
 1951 
 
 1951 
 
 1954 
 
 1942, 1948 
 
 1946 
 
 1944 
 
 1944 
 
 1942 
 
 1946 
 
 , 1953 
 
 1949 
 
 1966 
 
 1967 
 
 1969 
 
 1962, 1968 
 
 1913 
 
 1962, s. 10 
 
 1963 
 
 1969, 19S0 
 
 1970 
 
 1972 
 
 1973 
 
 1973 
 
 1973 
 
 1971, 1973 
 
 B. A. B. •• 
 
 100 1978 
 
 101 1978 
 
 102 
 
 lul 
 
 104 , 1974 
 
 106 1976 
 
 106 1976 
 
 107 1976 
 
 108 1977 
 
 109 1977 
 
 110 1978 
 
 111 1979 
 
 112 1981 
 
 113 1988 
 
 114 1981 
 
 115 1984 
 
 116 1981 
 
 117 1982 
 
 118 
 
 119 2060 
 
 120 2070 
 
 121 
 
 122 2181 
 
 123 1985 
 
 124 1996 
 
 125 1986 
 
 126 1985 
 
 127 1987 
 
 128 1987a 
 
 129 1988 
 
 130 1988 
 
 131 1889 
 
 132 1990 8.1,2 
 
 133 19918.1 
 
 134 1991 8.2 
 
 135 1992 
 
 136 1993 
 
 138 1995 
 
 139 1996 
 
 140 1996 
 
 141 2019 
 
 142 2034 
 
 143 
 
 144 1802 
 
 m. 
 
t -, 
 ]■'■ 
 
 V 
 
 XXU 
 
 TABLtO OP CONCORt)ANCfi. 
 
 If: 
 
 •/ 
 
 fi; 
 
 t 
 
 ■a 
 
 146 2006 
 
 146 2006 
 
 147 2007 
 
 148 2006 
 
 149 2006 
 
 160 1997 
 
 161 1997, 1999, 2003 
 
 162 1399 
 
 163 ,.... 2001 
 
 164 2004 
 
 166 1998 
 
 166 2000 
 
 167 2001 
 
 168 2002 88. 1, 2 
 
 169 2002 8.2 
 
 160 
 
 161 2002 Sfl. 3, 4 
 
 162 2002 6. 6 
 
 163 2002 e. 10 
 
 164 2002 8. 7 
 
 166 2002 8. 8 
 
 166 2002 8. 11 
 
 167 2002 s. 9 
 
 168 
 
 169 2002 8. 13 
 
 170 ... 2002 88. 12, 13, 2003 
 
 171 2004, 2008 
 
 172 2009 
 
 173 
 
 174 2016 
 
 176 2017 
 
 176 2017 
 
 177 2018 
 
 178 2015 8. 1 
 
 179 2016 8. 2 
 
 180 2016 88. 3, 8 
 
 181 .... 2016 88. 4, 6 
 
 182 20^6 8. 6 
 
 183 ^mf&'^fi 8. 7 
 
 184 .V. 2016 8. 7 
 
 186 201:6 8. 9 
 
 186 2016 8. 10 
 
 187 2016 8. ICr 
 
 188 2015 8. 11 
 
 189 2016 8. 12 
 
 E. A. B. S.' 
 
 190 2015 p. 12 
 
 191 ,.... 2016 8. 13 
 
 192 2015 8. 14 
 
 193 2015 8. 16 
 
 194 2016 8. 16 
 
 196 2016 8. 16 
 
 196 M. C, 363 
 
 197 
 
 198 2010 
 
 199 2011 
 
 200 M. C, 116 
 
 201 2012 
 
 202 2020 88. 1, 3 
 
 203 2020 8.4 
 
 204 M. C, 332 
 
 206 2021 
 
 206 2022 
 
 207 
 
 208 2023 
 
 209 2024 
 
 210 2024 
 
 211 
 
 212 2026 
 
 213 2096, 2097 
 
 214 2098 
 
 216 2026, 2040 
 
 it XO ...... ...... ...... iAjti i 
 
 217 2026 8. 1 
 
 218 2027 
 
 219 ...• 
 
 220 
 
 221 
 
 222 1969 
 
 223 2028 
 
 224 2028 
 
 225 
 
 226 2029 
 
 227 2030 
 
 228 2027 
 
 229 2033 
 
 230 
 
 231 ..,,,^ 2033 
 
 32 ..;?!r^ 2036 
 
 3 .,;.»....... 2036 a, b, c 
 
 234 ..,,. ..,,.. 
 
 ■•■.'^- -.■ ■■■■ ^' ■ i^-V , 
 
 ■ ■ ■ ;■ ,3- \ 
 
TABLE OF OONX'ORDANCB. 
 
 XXUl 
 
 5 8. 12 
 
 1 E. A. 
 
 1 235 
 1 236 
 1 237 
 1 238 
 1 239 
 1 240 
 li 241 
 
 ■ 242 
 
 ■ 243 
 
 ■ 244 
 
 ■ 245 
 
 ■ 246 
 
 ■ 248 
 
 ■ 249 
 
 ■ 250 
 
 I 252 
 
 ■ 253 
 
 ■ 254 
 
 ■ 255 
 
 ■ 256 
 
 I 258 
 
 ■ 259 
 
 ■ *^^^ 
 
 266 
 267 
 268 
 269 
 270 
 271 
 272 
 273 
 274 
 275 
 276 
 277 
 278 
 
 ?T9 
 
 B. S. 
 
 5 8. 13 
 
 2036 
 
 5 8. 14 
 
 2038 
 
 5 8. 15 
 
 
 5 8. 16 
 5 8. 16 
 
 2044 
 
 2039 
 
 j», 363 
 
 2040 
 
 
 2045. 2046 
 
 . 2010 
 
 2046 
 
 . 2011 
 
 2047 
 
 ., 116 
 
 2068 
 
 . 2012 
 
 2069 
 
 1. 1, 3 
 
 2070 
 
 20 8.4 
 
 2071 
 
 , 332 
 . 2021 
 
 J 2402 
 
 2074 
 
 . 2022 
 
 2075 
 
 
 2053 
 
 . 2023 
 
 2049 
 
 . 2024 
 2024 
 
 2049 
 
 2053 
 
 2025 
 , 2097 
 2098 
 2040 
 2027 
 
 6 8. 1 
 
 2027 
 
 1959 
 2028 
 2028 
 
 2029 
 2030 
 2027 
 2033 
 
 2033 
 
 2035 
 
 b, 
 
 2052 
 
 2059 
 
 2058 
 
 2057. 2059 
 
 2060 
 
 2061 
 
 2062 
 
 2063 
 
 2064 
 
 2057 
 
 2057 8.2 
 
 2057 8P. 3,4 
 
 20648.5 
 
 2065 
 
 2066 
 
 2067 
 
 2076 
 
 2077 
 
 2078 
 
 2078 
 
 2079 
 
 1869 
 
 ,,,,,, 1869 
 
 ffff Mfif f .•#• ^f^f 1870 
 
 B. A. A. B. 
 
 280 1870 
 
 281 1871 
 
 282 1872 
 
 283 1873 
 
 284 M.C., 239 
 
 285 1874 
 
 286 M. C, 224 
 
 287 M. C, 224 
 
 288 M. C, 225 
 
 289 M. C, 226 
 
 290 M. C, 228 
 
 291 M.C., 229 
 
 292 M.C., 230 
 
 293 — . 
 
 294 !!!!.*.'." 2680^2081, 2086 
 
 295 2081 
 
 296 
 
 297 2083 
 
 298 2084 8. 1 
 
 299 20848.2 
 
 300 2085 
 
 301 2087, 2110 
 
 .302 M.C., 142 
 
 304 M. C, 171 
 
 305 
 
 306 2113,88.1-2-3 
 
 307 2111 
 
 308 2088,2094tt 
 
 309 2088, 2089 
 
 310 2090 
 
 311 .c 2094a 
 
 312 2089 
 
 313 M. C, 155 
 
 314 2089 
 
 315 2093 
 
 316 2091 
 
 317 2092 
 
 318 2094 
 
 319 2112 
 
 3^0 2096 
 
 331 2096 
 
 322 2099 
 
 323 2100 
 
 ^?7 •»M»»»»»»»f#t »ff» s^ioi 
 
;i I 
 
 m 
 
 li 
 
 XXIV 
 
 326 
 
 326 
 
 327 
 
 328 
 
 329 
 
 330 
 
 331 
 
 332 
 
 333 
 
 334 
 
 335 
 
 336 
 
 337 
 
 338 
 
 339 , 
 
 310 
 
 341 
 
 342 
 
 343 
 
 344 
 
 345 
 
 346 
 
 347 
 
 343 
 
 349 
 
 350 
 
 351 
 
 35i 
 
 353 
 
 354 
 
 355 
 
 356 
 
 357 
 
 358 
 
 359 
 
 360 
 
 361 
 
 362 
 
 363 
 
 364 
 
 265 
 
 366 
 
 367 
 
 368 
 
 TABLE OF OONCORDANOB. 
 
 2102, 2103 
 
 2104 
 
 2105 
 
 2106 
 
 2107 
 
 2108 
 
 2109 
 
 :. 2114 8. 1 
 
 2115 
 
 2114,8.2 
 
 2214,8.2,3 
 
 2121,2123 
 
 2116, «. 1 
 
 2116,8.2 
 
 2117 
 
 • •••••••. ••••iu*v/., lOl 
 
 M.C, 170 
 
 2128 
 
 2132,8. 1 
 
 2132 68.2, 3 
 
 V.'Ml \y,y. !!!!!! 2129 
 
 2130 
 
 21.31.8.1 
 
 2133 
 
 2133 
 
 2131,8.2 
 
 2131,8. 2 
 
 ?••• ••••■•••« i^l . v^., I «>4 
 
 • ••••• ••••••• iVl • vy .) I oD 
 
 • ••••• •••••• • ol . v^ . , I oD 
 
 • ••• •••• §••• . SLt v/ • , i O { 
 
 2131, P. 3 
 
 •'••• •••••••• iM. • v/. , I Otj 
 
 • •••••« ••••! Ju . v/», 7oo 
 2131, 8.4 
 
 2134 
 
 2135 
 
 2136,8?. 1,2 
 
 M.C, 954 
 
 M.C, 955 
 
 2136, ss. J, 5, 7 
 
 2126,8.6 
 
 2136, 8.8 
 
 E. A. R. S. 
 
 370 2136,8.9 
 
 371 ...2136,8. 9 
 
 372 2136, 2198 
 
 373 2141 
 
 374 2141, M.C, 952 
 
 375 2137,M. C, 961 
 
 376 2i37, 8.3 
 
 377 2137,8.3 
 
 378 2137,8.4 
 
 379 2137,8.6 
 
 380 »...•• ....•■ 2137. ^. 5, 6 
 
 381 2137,8.7 
 
 382 2137, M.C, 965 
 
 O /O • • • • • • • 
 
 • • • t • I 
 
 384 il28, 8.2 
 
 385 2138, 8 5 
 
 386 — 
 
 387 2138,8.8 
 
 388 2138,8. 9 
 
 389 2108,88.6. 7 
 
 390 
 
 391 2139, 2140 
 
 3j2 ....2139, 2140 
 
 393 — 
 
 394 2140 
 
 395 2140 
 
 396 2140 
 
 397 ...2143,8.1 
 
 .398 2143 8.2 
 
 399 
 400 
 401 
 402 
 403 
 404 
 405 
 406 
 407 
 408 
 409 
 410 
 
 .... ...... 
 
 . • . . . Z14if, S. o 
 
 , 2048 
 
 ,. ...... 2048 
 
 ., 2048 
 
 2144 
 
 2144 
 
 2144 
 
 2145 
 
 2142,8. 1 
 
 2142, 8.2 
 
 2146 
 
 411 2146,2142,8. 2 
 
 412 2146 
 
 413 2146 
 
 414 rff'** f**.f*f '♦fr»» 2l4| 
 
tABLBJ OP OONdORI>ANdB. 
 
 XiV 
 
 416 2148 
 
 416 2149 
 
 417 2150 
 
 418 ;.... 2161 
 
 419 2162 
 
 420 2163 
 
 421 2164 
 
 422 2166 
 
 423 2166, 2167, 2168 
 
 424 • 2169 
 
 426 2160 
 
 426 2161 
 
 427 2162 
 
 428 2163 
 
 429 2164 
 
 430 2166 
 
 431 2166 
 
 432 2167 
 
 433 2168 
 
 434 2169 
 
 4?6 2173 
 
 436 2882 8. 1,2173 
 
 437 2173,2174 
 
 438 2176 
 
 439 2176 
 
 440 2183, 2184 
 
 441 2180 
 
 442 2174 
 
 443 2184 
 
 444 ,.. 2203 
 
 445 2204 
 
 446 2208 
 
 447 
 
 448 !!!!'.'.!.".*.VV.!!!.' 2207 
 
 449 2179 
 
 450 2205 
 
 451 2209 
 
 452 
 
 453 2215 
 
 454 2215 
 
 456 2216 
 
 456 
 
 467 2217 
 
 458 2218 
 
 459 2219 
 
 460 2222,8.1 
 
 461 ..2222,8.2 
 
 462 2222,8.3 
 
 463 2232,6,1,2,3,4 
 
 464 2232,8.4 
 
 466 2232.8.4 
 
 466 2232,8.4 
 
 467 2232,8.4 
 
 468 2233 
 
 469 2233 
 
 470 2234 
 
 471 2236 
 
 472 2189 
 
 473 2190 
 
 474 2192 
 
 475 2193 
 
 476 2196 
 
 477 2198,2199,2200 
 
 478 2197 
 
 479 2194,8. 1 
 
 480 2196 
 
 481 2194, 8.2 
 
 482. 
 
 483 
 
 484 .ji 
 
 486 
 
 486 
 
 487 
 
 488 
 
 489 
 
 490 . 
 
 491 
 
 492 
 
 493 2240 
 
 494 2241 
 
 495 
 
 496 2243 
 
 497 2244 
 
 498 2246 
 
 499 2246 
 
 600 2247 
 
 601 2248 
 
 602 2260 
 
 603 2261 
 
 604 2252 
 
:' 
 
 XXVI 
 
 TABLE OF OONGORDAKOE. 
 
 505 2252 
 
 506 2153 
 
 507 2254 
 
 508 2255 
 
 509 , 2256 
 
 6U 2257 
 
 611 2258 
 
 512 2259 
 
 613 2260 
 
 514 2261 
 
 515 2262 
 
 616 2263 
 
 517 2264 
 
 518 2265 
 
 519 2266 
 
 520 2267 
 
 521 2268 
 
 522 2269 
 
 523 2270 
 
 524 2271 
 
 525 2272 
 
 626 2274 
 
 527 2275 
 
 528 2276 
 
 629 ,. 2277 
 
 530 2278 
 
 631 2279 
 
 532 2280 
 
 633 2381, 2282 
 
 534 2283 
 
 536 2282 
 
 536 : 
 
 637 2286 
 
 538 2286 
 
 639 2284 
 
 540 2287 
 
 641 2288 
 
 642 1876 
 
 543 
 
 644 
 
 646 2236 
 
 546 2237 
 
 547 1912, 8.5 
 
 548 
 
 649 1877 
 
 660 
 
 651 
 
 652 ....; 
 
 663 
 
 CONCORDANCE OF THE MUNICIPAL CODE AND THE 
 
 EDUCATION ACT. 
 
 I I 
 
 
 M.C. 
 
 E. A. 
 
 M.C. 
 
 E. A. 
 
 M.C. 
 
 E. A. 
 
 M. C. 
 
 E. A 
 
 1, i 
 
 
 16 
 
 12 
 
 19 
 
 23 
 
 225 
 
 288 
 
 736 
 
 355 
 
 1 1 '■ 
 
 j 
 
 
 19 
 
 6 
 
 19 
 
 29 
 
 226 
 
 289 
 
 737 
 
 356 
 
 I-! 
 
 
 19 
 
 6 
 
 116 
 
 2r)0 
 
 228 
 
 290 
 
 738 
 
 358 
 
 t ■ i 
 
 
 19 
 
 7 
 
 142 
 
 302 
 
 229 
 
 291 
 
 738 
 
 359 
 
 i 
 
 
 19 
 
 8 
 
 144 
 
 303 
 
 230 
 
 292 
 
 952 
 
 374 
 
 1 ' 
 
 . 
 
 19 
 
 9 
 
 156 
 
 313 
 
 332 
 
 204 
 
 954 
 
 364 
 
 i j j 
 
 
 19 
 
 10 
 
 167 
 
 340 
 
 363 
 
 196 
 
 '956 
 
 366 
 
 ! Ir' !' 
 
 
 19 
 
 11 
 
 170 
 
 341 
 
 734 
 
 363 
 
 961 
 
 376 
 
 'II i 
 
 
 19 
 
 16 
 
 224 
 
 286, 287 
 
 735 
 
 354 
 
 9u5 
 
 382 
 
Il.fi. 
 
 . 2278 
 . 2279 
 . 2280 
 I, 2282 
 . 2283 
 ,. 2282 
 
 '.\ 2286 
 .. 2286 
 .. 2284 
 
 .. 2287 
 .. 2288 
 .. 1876 
 
 .. 2236 
 .. 2237 
 n2, 8. 6 
 
 .'.* 1877 
 
 D THE 
 
 E. A. 
 
 366 
 
 366 
 
 368 
 
 369 
 
 374 
 
 364 
 
 366 
 
 376 
 
 382 
 
 Table of Cases Cited 
 
 PAGE 
 
 Armstrong V. Paugborn, (10 R. L. 640) ••<•..•••.... 60 
 
 Audette V. Duhamel, (1 R.L. 62) 44 
 
 Auclairv. Poirier, (28 L. C. J. 230) 56 
 
 Adams v. School Gomm'rs, Barnston, (4 L. C. J. 363) 82 
 
 Bezidres V. Turcotte, (2 R. L. 129) 60 
 
 Boileauv. Proulx, (2 R. G. 236) 49 
 
 Brunei o. Davidf>on, (16 R. L. 176) 46 
 
 Bachand v. Corporation of St. Theodore of Acton, (2 R. L. 
 
 326) 44 
 
 Barette v. School ComnVrs of St. Columban, (7 R. L. 185). . . 43 
 
 Blain v. Corporation of Gran by, (6 R. L. 180) 44 
 
 Basin v. School Commas of St. Anselme, (3 R. L. 464) 44 
 
 Bernatchez V. Hamond, (7 Q. L. R. 26) 61 
 
 Bertrandv. Lalonde, (6 L.N. 366) 64 
 
 Brunelle V. Brosseau, (8 L. N. 99) 57 
 
 Bureau v. Normand, (6 R. L- 40) 66 
 
 Brisson v. Lafontaine, (8 L. C. J. 173) &7 
 
 Barette v- School Comm'rs, (4 La Themis 49) , 68 
 
 Browne V. School Comm'rs, (1 L. C.J. 40) 68 
 
 Brown V. Monat, (16 R. L. 170) 77 
 
 Corporation of Grantham v. Couture, (10 R. L. 186) ....... 44 
 
 Corporation of Ste. Martine v, Henderson, (4 R. L. 668) .... 43 
 
 Corporation of Verdun v. Les Soeurs, etc., (1 D. C. A. 163). 77 
 
 Cushing V, School Trustees of Acton Vale, (18 L, C. J. 21). 36 
 
 Central Vermont Ry. v. St. Johns, (L. C. J. 122) 74 
 
 City of Montreal v. Christ Church, (17 R. L. 433) 77 
 
 City of Montreal v, Contant, (2 R. C. 482) 1 13 
 
 Corporation of Bienville v. Gillespie, (6 Q.L. R. 346) 117 
 
 Corporation of St. Gabriel v. Les See urs, etc 1 24 
 
 City of Montreal v. The Seminary of St. Sulpice, (32 L. C. J. 
 
 13) , 124 
 
XXVlll 
 
 TABLE OF OASES. 
 
 PAOB 
 
 Gbarest v. Yeilleux, 8 Q. L. R. 230) 14L 
 
 Devarennes v. Halle (7 Q. G.R. 252) 69 
 
 DeBellefeuille v. St. Louis de Mille End, (25 L.C.J. 18).... 45 
 
 Duveriiay o. Corporation of St. Barthelmj, (1 R. L. 714). . 44 
 DoyoQ V. Corporation of the Parish of St. Joseph, (17 L. C. 
 
 J. 193) .-. 45 
 
 Dostalero. Coutu, (11 B.L. 109) 46 
 
 Dolbec V. Portelance, (6 Q. L. R. 17) 52 
 
 Denrieules v. School Comm'rs of St. Dominique 69 
 
 Dorais v. School ComnVrs of Warwick, (9 R. L. 161) . . . ; . .. 105 
 
 Drolet V. School Comm'rs of Roxton 117 
 
 Daudelin v, ^chool Comm'rs of St. Jude, (7 R. L. 433) 146 
 
 Green v. City of Montreal, (22 L C. J. 128) 117 
 
 Oagnon v. School Comm'rs of St. Janvier, (5 R. L. 474) .... 43 
 
 Guay V. Beauchamp, (9 R. J. Q , C.S. 229) 62 
 
 Gaudry V. Marcotte, (11 L.C. R. 486) 68 
 
 Gauron v. Comm'rs St> Louis de Lotbiniere (7 Q. Ij. R. 251) 69 
 
 Huneau 0. Magnan, (2 R. C. 234) 51 
 
 Hogan V, City of Montreal, (29 L. C. J. 29) , 76 
 
 Haight ©. City of Montreal, (17 R. L. 551) 77 
 
 Jacques Cartier Norir*il School v. Poissant (6 L. N. 132) .... 140 
 
 Lacerte V. Dufresne, (9 Q, L. R. 190) 56 
 
 Lawford V. Robertson, (2R.C. 235) 66 
 
 Laliberte V. Ruelle 56 
 
 Legault v. Paiement, (2 R.c!|235)...: ', ', 49 
 
 Laraway v. Brimmer, (16 L. C. J. 164) 49 
 
 Lizotte 17. Lalancette, (10 R. L. 480) 51 
 
 Lavoie v. Hamelin, (5 L.N. 94) • 57 
 
 Lovejoy ». Campbell, (7 L. N. 397) 68 
 
 Longueuil t7. Ijongueuil, (6 L.N. 291) 74 
 
 Matthews v. City of Montreal, (1 R. L. 61 0) 1 16 
 
 Marquis ». Couillard, (10 Q. L R. 98) 51 
 
 Melan9ont?. Sylvestre, (14 L. 0. J. 217) .' 50 
 
 Metrasw.Trudeau, (1 M.L. R., Q.B. 347) 56 
 
 Morrier 17. Rasconi,(7 R. L. 140) • 46 
 
 Mayor of Sorel v. Armstrong, (20 U C. J. 171) 117 
 
TABLB OF 0A8BB. ZXIX 
 
 PAOS 
 Nadeau v. School Gommr's of St. Frederick, (2 Revue de J. 
 
 108> 63 
 
 Ouimet 0. Verville, (7 Q. L.R.34) 121 
 
 Ouimet V. Normandin, (8 L. N. 11) 105 
 
 Pattono. St. Andrew of Acton, (13 L.C.J. 21) 113 
 
 Parsons 0. Mayor of Sorel, (16 R. L. 417) 76 
 
 Pacaud o. Oagnd, (17 L. C. R. 367) 60 
 
 Pacaudo. Roy, (12 L. 0. J. 65) 146 
 
 Parentv.St. Sauveur, (2 Q. L.R. 258).. 43 
 
 Paris Couture, (10 Q. L. R. 1) 56 
 
 Pel letter v. School Comm'rs of Ste. Philomene (4 L. C J. 
 
 394) 62 
 
 Roy V. Coderre,(MC.R. 73) 68 
 
 Rolfev. Stoke, (24 L. C.J. 213) 110 
 
 School Comm'rs of Chambly o. Hickey (1 L. C. J. 189) .... 105 
 
 <• .«< St. Michel v. Bastien (4 L. C. J. 123) ... . 105 
 « ** Roxton Falls v. Beauchemin (27 L. C. .1. 
 
 109) 106 
 
 " '< Rimouski V. Grondin 10.5. 
 
 « « - Hochelaga v. Hudon, (10 R. L. 1 13) . . . . 110 
 
 <* « St. Roch V. Rousseau, (14 L. C. R. 93). . 1 10 
 
 ** «* Tewkesbury v. Corrigan, (6 Q. L. R 24). 113 
 
 «« « Acton u. G. T. Ry 113 
 
 '* *« St. Bridgets v. Muri .y, (14 R. L. 187). .. 113 
 
 «* « Sillery v. Gingras, (6 Q. L. R. 366) 146 
 
 « " Hochelaga v. Hogan, (20 L. C. J. 298) . 146 
 
 « . « Ste. Victoire v. Hus, (19 R. L. 461) .... . 21 
 *' ** St. Louis de Bonsecours v. Dalbec, (10 
 
 R.L.679) 32 
 
 " Trustees of St. Henri r. Young, (13 L. C. R. 473) . . . 36 
 
 " Coninrrs of St. Bernard v. Bowman, (16 L. C. R. 204) 35 
 
 « •« Roxton V. Boston, (24 L. C. J. 122) 36 
 
 <* ** St Sebastien v. Campbell, (3 Revue de 
 
 J. .35.3) 36 
 
 Stevens v. ScIiodI Com»n*rs of Longueuil, (9 R. J. Q., Sup. 
 
 Ct. 408) 36 
 
nr 
 
 TABLB OF OASBS. 
 
 PAGE 
 
 School Gomm'ra of St. Norbert v, Gr6peau, (11 R. J. Q. 119) 43 
 
 « " St. Ange ». St. Hilaire, (19 R. L. 473)i. . 43 
 '< *' Hochelaga v. Abbatoir Co. of Montreal, 
 
 a6R.L. 196) 43 
 
 '* *< St. Pierre de Sorel ». School Comm'rs of 
 
 William Henry, (3 L. C. J. 189) 43 
 
 '« " Ste. Marthe v. St, Pierre, (2 L. N. .S43) . 44 
 
 ** '* St Dominique v.Desmeules (17 R.L. 84) 71 
 
 St. George».Gadoury,(9L.N. 69) 61 
 
 Suuvew. Boileau, (27 L.C.J. 359) 66 
 
 School Comm'rs of Tingwick o. Walsh, (16 R. L. 34) 70 
 
 ** " Iberville v. Duquet, (1 D. C. A. 270) .... 70 
 
 *• " St.George». Caufield, (18R. L. 297)... 71 
 
 " «* St. Norbert r. Crepeau, (10 Q. L. R. 49). 74 
 " *' St. Roch Nord v, Quebec Seminary (10 
 
 Q.L.R.335) 76 
 
 Seguin V, School Trustees of Pt. Fortune, (14 R. L. 236) ... 74 
 Sisters of the Holy Name of Jesus v. Waterloo, (31 L. C. J. 
 
 279) 77 
 
 School Comm'rs of St. Gabriel v. Les Scours, etc., (16 R. L. 
 
 409) 77 
 
 *« •« Varennes v, Theberge, (18 R. L. 61).... 77 
 
 *' «* Laprairie ». Brosseau, (4 D. C. A. 42). . . 82 
 
 Township of Acton v, Feltoo, (24 L. C. J. 113) 145 
 
 Treasurer of Quebec ». Morrin College, (11 R. L. 335) 76 
 
 Villeneuve ». Charest, (ID.C. A. 236) 48 
 
 Wylie V. Corporation of Montreal, (! 6 R. L. 172) 76 
 
 Wilson V. City of Montreal, (24 L. C. J. 222) 116 
 
 III; 
 
 ■ t**^- 
 
 /T^ 
 
 i 
 
 ^ 
 
PAOS 
 
 ») 
 
 43 
 
 • • 
 
 43 
 
 il, 
 
 
 • • 
 
 43 
 
 of 
 
 
 • • 
 
 43 
 
 1 . 
 
 44 
 
 t) 
 
 71 
 
 • • 
 
 61 
 
 • • 
 
 56 
 
 • • 
 
 70 
 
 • • 
 
 70 
 
 • < 
 
 71 
 
 9). 
 
 74 
 
 :io 
 
 
 1 • • 
 
 76 
 
 • • • 
 
 74 
 
 List of Abbreviations. 
 
 ____ ♦ 
 
 C. C— Circuit Court. 
 
 C. Q. B. — Court of Queen'n Bench. 
 
 C. R.— Court of Review. 
 
 D. C. A. — Decisions of the Court of Appeal. 
 D. S. C. R. — Digest Supreme Court Reports. 
 L. C. J. — Lower Canada Jurist. 
 
 L. C. R. — Lower Canada Reports. 
 
 L. N.— Legal News. 
 
 M. C— Municipal Code. 
 
 M. C. R — Montreal Condensed Reports. 
 
 M. L. R. Q. B.— Montreal Law Reports, Queen's Bench. 
 
 M. L. R. S. C. — Montreal Law Reports, Superior Court. 
 
 Q. L. R.— Quebec Law Reports. 
 
 R. C. — ^Revue Critique. 
 
 R. L. — Revue Legale. 
 
 R. L. N.S. — Revue Legale, New Series. 
 
 R. C. C.— Regulations of the Roman Catholic Committee. 
 
 R. de L. — Revue de Legislation. 
 
 R. P. C —Regulations of the Protestant Committee. 
 
 R. S. Q.— Revised Statutes of the Province of Quebec. 
 
 S. C. — Superior Court. 
 
 R. J. Q.— Rapports Judiciares, P. Q. 
 
 R. de J.— Revuede Jurisprudence. 
 
 ERRATA. 
 
 Art. 246. Instead of " exceed fifty '* read " be less than five." 
 Page 62, For " R. L. Q.," read " R. J. Q." 
 JLrt.308. "Security." 
 
^ ^ 
 
 \ 
 
 !' I' 
 
THE 
 
 EDUCATION ACT. 
 
 PRELIMINARY TITLE. 
 
 INTERPRETATIVE AND DECLARATORY 
 
 CHAPTER FIRST. 
 
 InterpretatiTe. 
 
 1. In this act or in any act amending the same, 
 [he following words, terms and expressions, wher- 
 jver found therein, have the sense, meaning and ap- 
 plication assigned to them, respectively. R. S., 
 
 I860. 
 
 2. The words: "Superintendent" or "Superintend- 
 it of Education '' designate the Superintendent of 
 
 ^ublic Instruction. R. S., 1860, § 2. 
 
 3. The term "school municipality" means any ter- 
 itory erected into a municipality for the support 
 
 schools under the control of school commission- 
 [rs or trustees. R. S., 1860, § 5. 
 
 *. The term "school corporation" or "school 
 >ard" mean indifferently corporations of school 
 ►mmissioners or trustees. R. S., 1860, § 6. 
 
il 
 
 il 
 
 2 
 
 INTERPRETATIVE — Artfl. 5 lo 12. 
 
 *. The terms "country municipality" include and 
 mean parish municipalities, municipalities of part 
 of a parish, of a township, of a part of a township, 
 of united townships, and generally every local mu- 
 nicipality other than city, town or village munici- 
 palities. M. C, 19, § 2. 
 
 ©• The words: "local municipality" mean indif- 
 ferently any city, town, village or rural municipal- 
 ity managed by a municipal council. M. C, 19, § 
 3, am, 
 
 '^' The word "district" means a judicial district 
 established by law, and designates the district iu 
 which the municipality is situated. M. , 19, § 6. 
 
 8. The word "county" means any territory erect- 
 ed into a county for the purposes of representation 
 in the Legislative Assembly of the Province. If 
 two or more counties are united to constitute an 
 electoral division the word "county" designates 
 each of such counties severally. M. C, 19, § 7. 
 
 ®. The word "parish" means any territory erected 
 into a parish of civil authority. M. C, 19, § 4. 
 
 10. The word "township" means any territory 
 erected into a township by proclamation. M. 0., 
 19, § 5. 
 
 !!• Th(» terms "circuit court of the cojLinty" or 
 "county circuit court" mean the circuit court in and 
 for the county ; and if there is more than one circuit 
 court in the county, they include all that are therein 
 established. M. C, 19, § 9. 
 
 ' 12. The wordH "maj>ist rate's court" or ^^magis- 
 trate's court of the county" mean the magistrate's 
 court established in the county by proclamation of 
 the Lieutenant-Governor and presided over by the 
 district magistrate. M. C, 16, § 10. 
 
INTBRPRBTATIVB — Arts. 13 tO 18. 
 
 8 
 
 13. The terms "school," "public school" or 
 "school under control'' designate every school under 
 the control of school commissioners or trustees; 
 
 By "subsidized s( hool" is meant any school which 
 receives a grant from the Government out of the 
 funds voted for education. R. S., 1860, § 1; 2239 
 mod. ' 
 
 1*. The term "officers of primary instruction.** 
 designates every certificated person who has the di- 
 rection, administration or supervision over one or 
 more classes or educational institutions under the 
 control of school commissioners or trustees, school 
 inspectors, professors and teachers of normal 
 schools, male and female certificated teachers teach- 
 ing in an institution under the control of school com- 
 missioners or trustees, or in those subsidized by 
 them or by the Government out of the funds voted 
 for education, but does not include iiiemberH of lh<» 
 clergy or of religious communities or professors ia 
 colleges or universities. R. S., 2238, am. 
 
 15. The word "teacher" or "professor" a])ply also 
 to female teachers and to all persons, whether lay or 
 religious, teaching in virtue of this act. R. 8., lisdO, 
 §3. 
 
 l®» The words "real estate," "land" or "iinmov<'- 
 able" mean all lands or parcels of land, poHsc'ssinl 
 or occupied by one person or by several persons con- 
 jointly, and include the buildings and improvemenls 
 thereon. M. C, 19, § 24. 
 
 1'^. The term "taxable property" means Ihe real 
 estate liable for school taxes. R. S., 1860, § 13. 
 
 18. The words "school tax" or "tax" designate and 
 mean all and every the contributions that may b(* 
 levied in virtue of this act. New, 
 
'„* I 
 
 ; ii 
 
 I 
 
 ' fl 
 
 r! 
 
 4 INTERPRETATIVE — Arte. 19 to 26. 
 
 10. The words "school assessment" mean the tax 
 which is levied on the taxable property of a school 
 municipality. New. 
 
 20. The words "monthly fees" mean the contribu- 
 tion exacted for each child who in virtue of this act 
 should or may attend the public schools. New. 
 
 21. The words "valuator" and "assessor" mean 
 any person appointed by school commissioners or 
 trustees or by the Superintendent of Public Instruc- 
 tion to value the taxable property of the school mu- 
 nicipality. R. S., 1860, § 8, mod. 
 
 22. The term "rate-payer" means any person who, 
 in virtue of any provision of this act, is liable for the 
 payment of school taxes. R. S., 1860, § 7. 
 
 23. The word "occupant" denotes the person who 
 occupies any immovable under any title other than 
 that of proprietor, tenant or usufructuary, either in 
 his own or his wife's name, and who dwells upon the 
 same and derives revenue therefrom. M.C., 19, § 19. 
 
 24. The word "absent" designates all persons re- 
 siding without tne limits of the school municipality; 
 nevertheless, any person, corporation, railway or 
 other company which has any place of business with- 
 in the municipality shall be deemed present in such 
 municipality. R. S., 1860, § 14, mod. 
 
 25. The word "guardian" means, as the case may 
 be: 
 
 1. The guardian appointed to a seizure; 
 
 2. Any person who has the care or control of one 
 or more children of school age. R. S., 1860, § 9. 
 
 26. The words "religious majority" or "religious 
 minority" mean the Roman Catholic or Protestant 
 
DEOLABATOBY — Arts. 27 to 31. 5 
 
 majority or minority, as the case may be. E. S., 
 1860. § 4. 
 
 27. The words "school year" mean the twelve 
 months from the first of July of one year to and in- 
 cluding the thirtieth of June of the next year. R. S., 
 1860, § 15. 
 
 28. The term "month" means a calendar month. 
 R. S., 1860, § 16. 
 
 29. The expression "following day" does not 
 mean or include holidays, except when an act may 
 be done upon a holiday. M. C, 19, § 30 
 
 CHAPTER SECOND. 
 Declaratory. 
 
 SECTION I 
 APPOINTMENTS BY THE LIETTTENANT-GOVERNOR 
 
 30. The Lieutenant-Governor in Council may, at 
 any time and whenever he deems it necessary, an- 
 nul any appointment made by him and make new 
 appointments in place of those he has annulled. 
 R. S., 1868, mod. 
 
 SECTION II 
 OATHS AND SOLEMN DBCIiARATIONS 
 
 31. All oaths or solemn declarations, required by 
 the laws or regulations concerning education, may 
 be administered or received by the Superintendent 
 of Public Instruction, either of the secretaries of 
 
¥ 
 
 I 
 
 
 ! I 
 
 o * DECLARATORY — ArtP. 32 io 36. 
 
 the Department of Public Instruction, any school 
 inspector, any justice of the peace or any commis- 
 sioner of the Superior Court. R. S., 1864a, am. 
 
 SECTION III ' ^ 
 
 FORMS 
 
 32. The forms inserted in this act form part 
 thereof and are sufficient for all cases for which 
 they are proposed. Any other form to the like ef- 
 fect may also be employed. R. S., 1879. 
 
 SECTION IV 
 QUORUM 
 
 I 
 
 33. The quorum of any corporation, board, com- 
 mittee or other body constituted under this act, 
 shall, unless otherwise provided, be an absolute ma- 
 jority of all the members thereof. R. S.,, 1861. 
 
 34. The members present at any meeting regular- 
 ly held, at which there is a quorum, may exercise all 
 the powers of the corporation of which they are 
 members. R. S., 1861, in part, mod. 
 
 SECTION V 
 
 DEFAULT OR INSUFFICIENCY OF AND DELAYS AFTER NOTICE 
 
 35. Whoever has had knowledge of a matter for 
 which a notice is required cannot take advantage of 
 the default, of the error in form, or the insufficiency 
 of such notice. R. S., 1865, in part. 
 
 36. The intermediate delay after a notice dates 
 from the day on which such notice was served, that 
 day and the one given in the notice not counting. 
 M. 0., 231. 
 
DBPT. OP PUBLIC INSTRUCTION — Alts. 37 & 38. • 
 
 TITLE FIRST. 
 
 Department of Public Instrnctioit — Superintendent of 
 Pnblio Instrnotion — Connoil of Public Instruc- 
 tion — School Visitors — Scbool Inspectori — 
 Central Board of Examiners 
 
 CHAPTER FIRST 
 
 Departn&ent of Public Instruction 
 
 SECTION I 
 OENBRAIi PROVISIONS 
 
 a''. The Department of Public Instruction forms 
 part of the Civil Service of the Province. R. S., 1881, 
 in part, 
 
 SECTION II 
 
 STAFF OF THE DEPARTMENT 
 
 38. The Department of Public Instruction con- 
 sists of: 
 
 1. The Superintendent of Public Instruction ap- 
 pointed by the Lieutenant-Governor in Council 
 during pleasure. 
 
 His salary is three thousand dollars per annum. 
 
 2. Two secretaries, who, as deputy-heada of the 
 Department, have under the direction of the Super- 
 intendent the general control of the Department, 
 and exercise the other powers and duties assigned 
 to them by the Lieutenant-Governor in Council. 
 
 In the absence of the Superintendent, they may 
 suspend any employee of the Department who re- 
 fuses OP neglects to obey their orders, op whose con- 
 
Tf—Pi 
 
 '! ■ ! 
 
 8 SUPT. OF PUBLIC INSTRUCTION — Arts. 39 to 41. 
 
 duct they may deem blameworthy; but they shall 
 afterwards report such suspension to the head of 
 the Department. 
 
 3. All other officers required to carry out the law 
 respecting education. R. S.*, 1882, 1883, 1884, in part, 
 mod. 
 
 CHAPTER SECOND 
 
 Superintendent of Public Instruction 
 
 3®« The Superintendent of Public Instruction has 
 the administration of the Department of Public In- 
 struction. 
 
 He is ex-opcio member of the Council of Public 
 Instruction, and of each of the two committees 
 thereof, but he has a right to vote only in the com- 
 mittee of the religious belief to which he belongs; 
 he is also a member of the Council of Arts and 
 Manufactures, and visitor of the schools of Arts and 
 Manufactures. R. S., 1882, 1888, 1895, in part, mod, 
 
 *o. The Superintendent possesses all the powers, 
 functions, rights and attributions, and is subject to 
 all the duties and obligations conferred and imposed 
 upon him by the various articles of this act. 
 
 The Superintendent, in the exercise of his func- 
 tions, is bound to comply with the directions of the 
 Council of Public Instruction or with those of the 
 Roman Catholic and Protestant Committee, as the 
 case may be. R. S., 1885, 1886. 
 
 41- In case the Superintendent is absent from the 
 province, or in case of continued illness, he may de- 
 legate to one of the secretaries of the department 
 the powers conferred upon him by law. R. S., 1887. 
 
SUPT. OF PUBLIC INSTRUCTION — Arts. 42 to 45. 9 
 
 42. The Superintendent is the depositary of all 
 documents relating to matters concerning the de- 
 partment of Public Instruction, and he may deliver 
 copies or extracts, on payment of a fee fixed by the 
 Lieutenant-Governor in Council. R. S., 1863. 
 
 Every document, whether an original or a copy, 
 signed by the Superintendent or by one of the secre- 
 taries of the department of Public Instruction, is 
 authentic, and is proof of its contents without it be- 
 ing necessary to prove the signature. 
 
 *3. The Superintendent may retain the grant of 
 any municipality or educational institution which 
 has not forwarded to him the returns prescribed by 
 this act, which has adopted or allowed the use of 
 any unauthorized text books, or which has refused 
 or neglected to comply with any of the provisions of 
 the law, or of the regulations respecting public in- 
 struction. R. S., 1929, 1959, 2026, § 9, 2041, 2075, 
 § 6, 2183, 2184. 
 
 44. The Superintendent may hold or delegate his 
 power to hold inquiries, the cost whereof, in case of 
 non-payment, he may recover from the party who 
 has been condemned. If the inquiry is held upon the 
 application of one or more rate-payers, the Superin- 
 tendent may exact from the party applying there- 
 for the deposit of a sum sufficient to cover the costs. 
 
 For the purposes of such inquiries, the Superin- 
 tendent, or the person so delegated, may summon, 
 swear and hear witnesses and the parties to the 
 case, and compel them to produce all books, papers 
 and documents connected with such inquiry. R. S., 
 1889, in part, am. 
 
 45- It is especially the duty of the Superintend- 
 L^nt : 
 1. To receive from the Provincial Treasurer and 
 
10 
 
 SUPT. OF PUBLIC INSTRUCTION — ^Art 45. 
 
 distribute, in conformity with the law, the grants in- 
 tended for public schools, and all other educational 
 institutions entitled thereto; R. S., 1892, § 1, 2173, 
 2174, 2179, 2203. 
 
 2. To prepare a detailed statement of the sums re- 
 quired for public instruction, which he shall submit 
 
 annually to the Legislature; R. S., 1891, am. 
 
 3. To compile and publish statistics and informa- 
 tion respecting educational institutions, publio libra- 
 ries, and art, literary and scientific societies, and in 
 general respecting all subjects connected with liter- 
 ary and intellectual progress; R. S., 1890. 
 
 4. To communicate annually to the Legislature a 
 detailed statement upon the state of education in 
 the Province, with statistics upon the number of 
 schools and other educational institutions, the 
 children attending the same and other matters con- 
 nected therewith. These statistics ahall be fur- 
 nished to him, during the course of the month of 
 July in each year, by the school commissioners and 
 triistees and all educational institutions,, in accord- 
 ance with the forms for that purpose prepared by 
 the Committee of the Council of Public Instruction 
 of the religious belief of such schools or educational 
 institutions; R. S., 1890, am. 
 
 5. To indicate in his annual report to the Legisla- 
 ture, what has been done with the grants for educa- 
 tion during the period to which such report relates; 
 R. S., 1892, § 7. 
 
 6. To keep books and statements in detail of every 
 thing which is under his supervision and control, so 
 as to be in a position to furnish to the Government 
 and Legislature any required information; R.S., 
 1892, § 4. ' 
 
 7. To verify and control the accounts of all per- 
 sons, corporations, or associations accountable for 
 
SUPT. OF PUBLIC INBTRUOnON — Art. 46. 
 
 11 
 
 any public moneys appropriated and distribnted 
 under the laws relating to schools, and to report 
 whether the said moneys were applied for the pur- 
 poses for which they were granted; R. S., 1892, § 5. 
 
 8. To prepare and cause to be printed recommen- 
 dations and advice on the management of schools, 
 for the school commissioners and trustees, and for 
 the secretary-treasurers and teachers; B. S., 1892, § 
 3. 
 
 9. To prepare and cause to be printed and distri- 
 buted all necessary forms; R. S., 1892, § 2. 
 
 10. Further, he may, with the authorization of 
 the Lieutenant-Governor in Council : 
 
 (a) Establish and assist art, literary or scientific 
 societies, museums or picture galleries founded by 
 such societies, by the Government or by institutions 
 receiving a Government grant; 
 
 (&) Establish competitions and distribute diplo- 
 mas, medals or other marks of distinction for schol- 
 astic, artistic, literary or scientific works; 
 
 (o) Establish schools for adults for the instruc- 
 tion of the working classes; 
 
 (d) In general, do everything that concerns the 
 encouragement and advancement of public instruc- 
 tion, arts, letters and sciences. R. S., 1892, §§ 86, Sc, 
 Sdy 8e, 
 
 CHAPTER THIRD. 
 Oonnoil of Pnblio Instraotlon and Comaiiiteei thereof 
 
 SECTION I 
 
 COUNCIL OF PUBLIC INSTRUCTION 
 
 46. The Council of Public Instruction is composed 
 of Roman Catholic and of Protestant members. In 
 the performance of their duties the members are 
 
12 ^OOUNOIL OF PUBLIC INSTRUCTION — ^Arts. 47 & 48. 
 
 subject to the lawful oiderH uud instructions given 
 to them by the Lieutenant-Governor in Council. 
 
 The Council is divided into two committees, one 
 composed of Boman Catholic members, and the 
 other of Protestant members. R. S., 1893, 1894, 
 1896, in part, 
 
 *''• The Roman Catholic Committee is composed 
 of: 
 
 The Bishops, ordinaries or administrators of the 
 Roman Catholic dioceses and apostolic vicariates, 
 situated either in whole or in part in the Province, 
 who are members ex-offlcio; 
 
 An equal number of Roman Catholic laymen who 
 are appointed by the Lieutenant-Governor in Coun- 
 cil during pleasure; 
 
 2. The Protestant Committee is composed of: 
 
 A number of Protestant members, equal to the 
 number of Roman Catholic lay members, who are 
 also appointed by the Lieutenant-Governor in Coun- 
 cil during pleasure. 
 
 The Protestant Committee may associate with 
 themselves six persons, and the Provincial Associa- 
 tion of Protestant Teachers may, each year, at their 
 annual meeting, elect one of their members to be 
 also an associate member of the Protestant Commit- 
 tee for the following year. 
 
 The persons so added shall not form part of the 
 Council of Public Instruction, but shall have, in the 
 Protestant Committee, the same powers as the mem- 
 bers of such Committee. R. S., 1896, 1903, in pa/rt 
 
 *8» School questions in which the interests of Ro- 
 man Catholics and Protestants are collectively con- 
 cerned are under the jurisdiction of the Council of 
 Public Instruction, and shall be decided by it. R. 8., 
 1910, mod. 
 
COUNCIL OF PUBLIC INSTRUCTION — Arte. 49 to 55. 13 
 
 49. School questions, in which the interests of 
 Roman Catholics or Protestar ' .\ are exclusively con- 
 cerned are decided by that one of the two commit- 
 tees which represents the religious belief which the 
 party concerned professes. R. S., 1911, mod, 
 
 50. The Superintendent of Public Instruction is 
 President of the Council. R. S., 1888, 1895, in part. 
 
 51* The two secretaries of the Department of 
 Public Instruction are joint secretaries of the Coun- 
 cil. 
 
 They keep the accounts of the Council and enter 
 the deliberations in a book kept for that purpose. 
 R. S., 1897, m part, mod, 
 
 5«. The expenses of the Council are paid by the 
 Superintendent of Public Instruction out of the 
 funds voted for that purpose by the Legislature. R. 
 S., 1898, am, 
 
 SECTION II 
 
 COMMITTBB8 OF THE COUNCIL OF PUBLXC INSTRUCTION 
 
 53. Each of the two committees of the Council of 
 Public Instruction has separate sittings. 
 
 It appoints its chairman and its secretary. R. S., 
 1901, in part, 
 
 54. It is the duty of each committee to make regu- 
 lations, subject to the approval of the Lieuteuant- 
 Governor in Council to determine what constitutes 
 an elementary school, a model school and an acade- 
 my. R. S., 1912, § 3, mod, 
 
 55. The Roman Catholic or Protestant committee, 
 as the case may be, as the provisions which concern 
 them require, may, with the approval of the Lieuten- 
 ant-Governor in Council, make regulations. ^^> B. 
 S., 1912. 
 
 (1) Vide Appendix for regulations actnaily in force. 
 
TT^ 
 
 14 COUNCIL OF PUBLIC INSTRUCTION — ArtB. 56 & 57. 
 
 1. Fop the organization, administration and disci- 
 pline of public schools; Id, § 3. 
 
 2. For the division of the Province into districts 
 of inspection, and for establishing the boundaries 
 of such districts; 
 
 3. For the government of Normal schools; Id, § 
 2, 2220. 
 
 4. For the government of the board of examiners; 
 R. S., 1913. 
 
 5. For the examination of candidates for the of- 
 fice of school inspector; R. S., 1944, § 5. 
 
 6. To determine the holidays to be given in 
 schools. R. S., 1878. 
 
 56. Each committee shall approve the text-books, 
 maps, globes, models or other articles for use in th(» 
 schools of its religious faith, and, when it deems it 
 expedient, it may withdraw the approval it has giv- 
 en. R. S., 1927, mod, 
 
 s*^' Each of the two committees may revoke the 
 diploma of any teacher of its religious belief con- 
 victed of bad conduct, immorality, drunkenness, or 
 grave neglect of duty, by proceeding in the follow- 
 ing manner: R. S., 1915, mod. 
 
 1. When a charge is laid before a committee of 
 the Council of Public Instruction, in writing, 
 against any teacher by the school inspector or by 
 one or more persons, the Superintendent of Public 
 Instruction causes to be served, by a bailiff, upon 
 the accused teacher, a copy of such charge or of 
 such report as well as an order to reply thereto, 
 within fifteen days by registered letter, or to appear 
 before him at the Department of Public Instruction 
 in Quebec, or in any other place indicated by him 
 to declare whether he admits or denies the charges 
 brought against him. 
 
COUNCIL OP PUBLIC INSTRUCTION — Art. 57. 
 
 15 
 
 If the teacher appear, the Superintendent shall 
 then take his admission or denial, which must be 
 in writing; R. S., 1910. 
 
 2. The Superintendent shall submit the above 
 mentioned documents at the next meeting of the 
 committee; li. S., 1917, in part, 
 
 3. If, after having taken communication of them, 
 the committee decide that an investigation shall 
 be held, it shall hear the witnesses, who shall be 
 sworn by the chairman, or if it decide tliat an in 
 quiry is not necessary, it dismisses the accusation; 
 K. H., 1917, in part. 
 
 4. The complaint and the documents connected 
 therewith may be submitted to a special or perman- 
 ent sub-committee which shall have the same pow- 
 ers as the committee which named it; K. S., 1917, 
 in part. 
 
 5. If the committee or the special or permanent 
 subcommittee, as the case may be, decide that the 
 investigation should be held in the locality of, or 
 in the immediate neighborhood of the locality of the 
 persons interested and of the witnesses, it may ap 
 point one or more commissioners to take the evi- 
 dence of witnesses; R. S., 1918. 
 
 6. The appointment of these commissioners is 
 signed by the secretary of the committee of the 
 council of Public Instruction from which it eman- 
 ates; R. S., 1919. 
 
 7. The commissioner or commissioners of inquiry 
 shall give the parties a notice, of at least eight days, 
 of the time at which they must appear; R. S, 1920, 
 in pa/rt. 
 
 8. The commissioner or commissioners sball swear 
 the witnesses, and the evidence shall be taken and 
 afterwards transmitted by him or them to the secre- 
 tary, who shall lay it before the committee; R. S., 
 1920, i/n part. 
 
(I! 
 
 ' if'' 
 
 I ■ iiii 
 
 1 iiiil 
 
 16 
 
 COUNCIL OF PUBLIC INSTRUCTION — Art. 88. 
 
 9. If the teacher do not appear, or if he neglect 
 to answer the charge, the committee or sub-commit- 
 tee, as the case may be, shall proceed by default 
 against him, and shall take the evidence, or cause it 
 to be taken ; R. 8., 1921. 
 
 10. If the charge be not proved, the committee 
 shall dismiss it, and, if it be proved, the committee 
 shall order as a penalty that the diploma of such 
 teacher be revoked, and that his name be struck 
 from the book containing the names of teachers; 
 R. S., 1922. 
 
 11. The costs of the inquiry if not paid, shall be 
 recovered, by action at law, against the losing par- 
 ty, brought by the Superintendent of Public In- 
 struction; R. S., 1923, in part, 
 
 12. The certificate of the commissioners estab- 
 lishing the amount of these costs shall be suflBcient 
 proof of their being due; R. S., 1923, in part, 
 
 13. After the lapse of two years from the revoca- 
 tion of his diploma, any teacher who establishes to 
 the satisfaction of the committee which revoked 
 the diploma, that his conduct has been satisfactory, 
 and that he has completely satisfied the judgment 
 to which he has been condemned, may be relieved 
 of the sentence and restored to his functions as 
 teacher; R. S., 1924. 
 
 14. A diploma may be revoked a second time for 
 the causes above mentioned if they recur; such se- 
 cond revocation is irrevocable, and such teacher 
 cannot thereafter exercise the functions of a teach - 
 
 R. S. 1925. 
 
 er; 
 
 58. Each of the two committees may also, for one 
 of the causes mentioned in the preceding article, 
 after observine:,in so far as applicable, the formali- 
 ties prescribed in the said article, hold or cause to 
 be held an inquiry into the conduct of any inspector 
 
COUNCIL OP PUBLIC INSTRUCTION — ^Arts. 89 & 60. 17 
 
 of schools, and after such inquiry shall, if there be 
 occasion, forward all the documents to the Lieuten- 
 ant-Governor in Council, recommending the cancel- 
 ling of his commission. 
 
 The Lieutenant-Governor in Council may then 
 cancel such inspector's commission, and the inspect- 
 or so dismissed cannot afterwards hold such office. 
 R. S., 1926, mod. 
 
 50. It shall be the duty of the secretary of each 
 committee: 
 
 1. To keep a record of the proceedings of his own 
 particular committee in a register; 
 
 2. To report to his own committee and to the 
 Superintendent of Public Instruction all documents 
 coming into his hands, or matters within his notice, 
 which lie within the jurisdiction of his particular 
 committee; 
 
 3. To. deposit, among the archives of the Depart- 
 ment of Public Instruction, such record of proceed- 
 ings, such correspondence and all documents in his 
 possession ; 
 
 4. Inscribe in a book kept for that purpose, the 
 name of each person who has received a diploina 
 from a board of examiners or from a normal school, 
 indicating the class and grade of the diploma and 
 the language which the holder is authorized to 
 teach, together with the date at which such diploma 
 has been granted. R. S., 1902, 1912, § 6. 
 
 CO. Each of the committees of the Council may 
 receive by donation, legacy or otherwise, by gratu- 
 itous title, money or othei? property, moveable, or 
 immoveable, which it may dispose of, in its discre- 
 tion, for the purposes of education. 
 
 Each committee constitutes a corporation for ail 
 the purposes for which it is authorized to acquire 
 
18 COUNCIL OF PUBLIC INSTRUCTION — ^Art8. 61 10 64. 
 
 or to possess property in virtue of this act. R. S., 
 1936, mod. 
 
 ®l« Every legacy made to the Council of Public 
 Instruction, without the testator having designated 
 the committee for which he designed the same, shall 
 belong to the committee of the religion to which, 
 at the time of his death, the testator belonged. R. S., 
 1937. 
 
 ®2. If the testator was neither a Roman Catholic 
 nor a Protestant, the legacy shall be divided be- 
 tween the two committees, in the proportion of the 
 Roman Catholic and Protestant populations of the 
 Province. R. S., 1938. 
 
 63. The sums of money granted to Roman Catho- 
 lics or Protestants, for the purposes of public in- 
 struction, and not expended at the end of any fiscal 
 year, shall be placed at the credit of the Superin- 
 tendent of Public Instruction and paid by him, with 
 the approval of the Lieutenant-Governor in Council, 
 on the recommendation of the committee of the re- 
 ligious belief to which the said sums had been as- 
 signed. 
 
 The Superintendent shall every year furnish to the 
 Legislature a statement of the amount of the said 
 deposits, as well as of the sums withdrawn by each 
 of the two committees. R. S., 1939, am, and new. 
 
 SECTION III 
 
 PROVISIONS APPLICABLE TO THE COUNCIL OP PUBLIC INSTRUCTION 
 
 AND TO THE TWO COMMITTEES \ 
 
 ®*' The Council of Public Instruction and each of 
 the two committees may fix the date of their ses 
 sions, their quorum, and regulate the manner of 
 
COUNCIL OF PUBLIC INSTRUCTION — Arts. 65 to 69. 19 
 
 proceeding at their meetings. R. S., 1900, 1901, in 
 part, mod,, 1912, § 1. 
 
 65. The president of the council and that of each 
 committee have, on all questions, in case of a tie, 
 a second or casting vote. R. S., 1907. 
 
 06' Special meetings of the council and of each 
 committee may be called by their president or the 
 superintendent. 
 
 Such special meetings are called by a notice 
 given, at least eight days before that fixed for the 
 meeting, to each member thereof. R. S., 1899, 1901, 
 am, 
 
 67. When at least two members of the council or 
 of one of the committees, in writing, require their 
 president or the superintendent to call a special 
 meeting, he must convene such session in the man- 
 ner prescribed by the preceding article. R. S., 1905, 
 lam. 
 
 68. Each Roman Catholic bishop, vicar apostolic, 
 |or administrator of a Roman Catholic diocese, if 
 
 unable to be present at the meetings of the council, 
 >r at those of the committee of which he forms part, 
 
 lay appoint a delegate to represent him, and such 
 lelegate shall have all the rights of the person ap- 
 pointing him; and any other member may cause 
 limself to be represented, for the same purposes 
 md with the same effect, by one of his colleagueB, 
 
 ^ho, in such case, may vote in his stead. R. S., 1908, 
 'M. and new, 
 
 69. The Council of Public Instruction and either 
 committee may hold and cause to be held inquiries 
 [nto all questions concerning public instruction 
 
 ^hich come under their respective control. R. S., 
 1941, am. 
 
20 
 
 SOHOOL VISITORS — ^Artp. 70 to 73. 
 
 "^O' The Council and each committee thereof may 
 appoint sub-committees, or one or more delegates 
 for the examination of all matters within their ju- 
 risdiction. R. S., 1909, in pa/rt 
 
 Such subcommittees or delegates shall report 
 their proceedings to the council or to the committee 
 which appoint them. 
 
 CHAPTER FOURTH 
 
 i 
 
 School Visitors ; 
 
 '''I* The Superintendent of Public Instruction is 
 visitor of all schools in the Province. R. S., 1888, 
 in part, am, 
 
 '^^* Any public school established in town or 
 country, may be visited by the persons hereinafter 
 mentioned, as often as they deem it requisite; but 
 such persons shall visit only the schools of their 
 own religious belief. R. S.,, 1950. 
 
 ''S' The following persons shall be school visitors 
 for the whole Province: 
 
 (a.) Members of the two Committees of the Coun- 
 nl of Public Instruction; 
 
 (6.) Judges of the Supreme Court, of the Court of 
 Queen^s Bench, and of the Superior Court, residing 
 in the Province; 
 
 (c.) Members of the Federal Parliament residing 
 in the Province; 
 
 (di) Members of the Legislature of Quebec; 
 
 (e.) The Secretaries of the Department of Public 
 Instruction; 
 
 (f,) The Principals and the Professors of Normal 
 Schools. 
 
SOHOOL VISITORS — Arts. 74 to 77. 
 
 21 
 
 2. The following persons shall be visitors only 
 for the municipalities in which they reside: 
 
 (a.) Members of the Council of Arts and Manu- 
 factures; 
 
 (&.) The Mayor and the Justices of the Peace; 
 
 (c.) The Colonels, Lieutenant-Colonels, Majors, 
 and senior Captains of the militia. R. S., 1951, am. 
 
 '''*• Boman Cathplic priests and Protestant min- 
 isters may visit the schools of any school municipal- 
 ity or part of a school municipality in which they 
 exercise their ministry.^i> R. S., 1951, am, 
 
 75. School visitors shall be entitled to have com- 
 municatioL c ^ the regulations and other documents 
 relative to r . i school, and to obtain any informa- 
 tion concernmg it. R. S., 1954, in part. 
 
 CHAPTER FIFTH 
 
 School Inspectors 
 
 '^^' The Lieutenant-Governor in Council may ap- 
 point school inspectors for public schools, selected 
 from the persons who are qualified within the 
 terms of article 78 of this act, whose salary shall 
 not exceed twelve hundred dollars per annum. R. 
 S., 1942, in part, 1948, am. 
 
 '^'^' Every inspector for public schools shall re- 
 side within the limits of his district of inspection, 
 at the discretion of the Superintendent of Public 
 Instruction. 
 
 (1) A priest Is a visitor of schools In the municipality only 
 where he resides. C. Q. B., 23rd May, 1890; School Commiaaionera 
 of 8te. Victoire vs. Hue, 19 R. L., 451. 
 
!H 
 
 I 
 
 !■! 
 
 -I 
 i 
 
 li 
 i 
 
 11 
 
 i I- 
 
 22 
 
 SCHOOL INSPBOTOBS — Arts. 78 to 80. 
 
 In the performance of his dnties, each school in- 
 spector shall comply with the instructions given to 
 him by the Superintendent of Public Instruction 
 and conform to the regulations adopted by the com- 
 mittee of the Council of Public Instruction of the 
 religious belief to which he belongs.. 
 
 He can hold no oflSce under the control of school 
 commissioners or trustees of any municipality in 
 his district of inspection. R. S., 1945, in party am. 
 
 78. To be appointed school inspector, it is neces- 
 sary: 
 
 1. To have attained the age of at least twenty- 
 five years; 
 
 2. To have obtained a certificate or diploma for 
 an academy or model school; 
 
 3. To have taught school during at least five 
 years; 
 
 4. Not to have discontinued teaching for more 
 than five years. 
 
 5. To have successfully passed an examination in 
 accordance with the regulations upon this subject 
 adopted by either committee of the Council of Pub- 
 lic Instruction, as the case may be. R. S., 1944, in 
 part. 
 
 ''©• The inspectors of Roman Catholic schools for 
 the inspection district of Saguenay and the Magda- 
 len Islands, and the Inspectors of Protestant 
 schools for the inspection district of Gaspe and the 
 Magdalen Islands, may be exempted from the above 
 prescribed formalities. R. S., 1944, am. 
 
 80. The principal duties of inspectors of public 
 schools are: 
 
 1. To visit the public schools of each school muni- 
 cipality in their district of inspection ; 
 
SCHOOL INSPECTORS — Arte. 81 to 83. 
 
 23 
 
 2. To examine the registers of the school commis- 
 sioners or trustees and the presence roll of the 
 schools of each school municipality under their con- 
 trol ; 
 
 3. To examine the accounts of the secretary-trea- 
 surers of the school municipalities under their con- 
 trol and to assure themselves whether the proce- 
 dure prescribed by article 332 and following of 
 this act has been observed. 
 
 4. To ascertain whether the provisions of the 
 school law and regulations are there carried out 
 and obeyed; 
 
 5. To conform to the provisions of the school law 
 and regulations which concern them. R. S., 1942, 
 am, 
 
 81. Any school inspector may oblige secretary- 
 treasurers and teachers under his control, under a 
 penalty of eight dollars for every refusal or neglect, 
 to exhibit to him all the documents in their charge 
 relating to their offices. R. S., 1946, mod, 
 
 82. Upon the order of the Superintendent of Pub- 
 lic Instruction, any school inspector may visit the 
 schools in a district of inspection other than his 
 -own. R. S., 1953, in party mod, 
 
 83. Whenever an inspector is appointed by the 
 Superintendent of Public Instruction to make an in- 
 spection, inquiry or investigation, unless such in- 
 spection, inquiry or investigation takes place at the 
 time of his ordinarv visit to the schools of the muni- 
 cipality, his travelling and other disbursements 
 and any remuneration which the Superintendent of 
 Public Instruction considers he should allow him, 
 
 may be paid him. R. S., 1949, am. 
 
'i I! 
 
 24 CENTRAL BOARD OP HXAMINHRS — Arte. 84 to 87. 
 
 CHAPTER SIXTH 
 Central Board of Examiners 
 
 8*« The Lieutenant-Governor in Council may, 
 upon the recommendation of the Roman Catholic 
 or Protestant Committee, as the case may be, con- 
 stitute by proclamation a Roman Catholic Central 
 Board of Examiners and a Protestant Central 
 Board of Examiners for the examination of candi- 
 dates of each of the two religious beliefs for teach- 
 ers' diplomas. 
 
 This Board may issue diplomas valid for the ele- 
 mentary, model, academy and kindergarten schools 
 under the control of the committee which recom- 
 mended its appointment. R. S., 1966. 
 
 85. The Central Board of Examiners shall be 
 composed of not less than five nor more than ten 
 members, and a secretary, who are appointed by 
 the Lieutenant-Governor in Council, upon the re- 
 commendation of the Roman Catholic or Protestant 
 Committee, as the case may be. 
 
 It selects its president. R. S., 1967, am. 
 
 86. The Central Board of Examiners is governed 
 by the provisions of this act and the regulations 
 of the committee which recommended its appoint- 
 ment. 
 
 The fees exacted from the candidates are em- 
 ployed in paying the expenses of the board, which 
 shall fix the salary o"f the secretary. R. S., 1969, 
 in part, am, 
 
 ^'^' The Central Board of Examiners shall: 
 1. Prepare or cause to be prepared the examina- 
 tion questions upon the various subjects of the pro- 
 gramme; 
 
OBNTRAL BOARD OF EXAMINERS — Arts. 88 & 89. ^^ 
 
 2. Appoint delegated examiners to supervise the 
 examination, and cause tlie questions to be submit- 
 ted to the candidates to be sent to them; 
 
 3. Make a careful examination of the answers 
 given by the candidates, and deliver, to those de- 
 serving the same, certificates of efficiency which 
 shall be signed by the president and secretary, and. 
 to which shall be affixt ' t^ ^eal of the Ih ^ , tment 
 of Public Instruction; 
 
 4. Cause to be entered, in a register to be kept 
 for the purpose, the names and surname of each 
 teacher admitted, the class and degree of his diplo- 
 ma, the language or languages which such diplo- 
 ma gives the right to teach, and the standing ob- 
 tained; 
 
 5. Have a register in which the proceedings of 
 each session are entered, which shall be signed by 
 the president and the secretary; 
 
 6. Cause to be registered, by its secretary, the 
 certificates of age, morality and capacity which 
 have been produced by the successful candidates, 
 and the secretary shall also prepare and address 
 the diplomas and perform all the duties which his 
 office requires; 
 
 7. Make use of the forms of diploma, which shall 
 be supplied by the Superintendent of Public In- 
 struction. R. S., 1902, §§ 7, 11, 12, 1968, am. 
 
 88. Candidates for the various diplomas must, 
 previous to the examination, com7)ly with the re- 
 quirements of the programme which either commit- 
 tee of the Council of Public Instruction may, from 
 time to time, establish, with the approval of the 
 Lieutenant-Governor in Council. R. S., 1913. 
 
 8®' The secretary of the Central Board of Exam- 
 iners shall, during the sixty days following the 
 
II 
 
 n i,' 
 
 :< \' J 
 
 \l 
 
 26 OBNTRAL BOARD OF EXAMINERS — Arte. 90 tO 93. 
 
 examination, transmit to the Superintendent of 
 Public Instruction a list of the candidates received, 
 mentioning the class and degree of their diploma, 
 the language or languages which it gives the right 
 to teach and the standing obtained. R. S., 1962, § 10, 
 am, 
 
 ®0« The Central Board of Examiners shall yearly 
 send to the Superintendent of Public Instruction a 
 detailed statement of the receipts and expenditure 
 for each session. New. 
 
 ®i« The Superintendent of Public Instruction, 
 or any person delegated by him, may examine the 
 registers, books and all other documents of boards 
 of examiners. New, 
 
 92. The Lieutenant-Governor in Council may, 
 upon the recommendation of either committee of 
 the Council of Public Instruction, as the case may 
 be, modify the details of the duties imposed upon 
 boards of examiners. R. S., 1963, in part, 
 
 ®3. Unless he has obtained a diploma in virtue 
 of some provision of this act, every person, to be 
 enabled to teach in any school under the control of 
 school commissioners or trustees, must be provided 
 with a diploma from a board of Examiners, saving 
 nevertheless, ministers and members of either sex 
 of a religious corporation constituted for education- 
 al purposes, who are exempt. 
 
 The Protestant Committee of the Council of Pub- 
 lic Instruction may, however, by resolution, declare 
 that the persons of its religious belief so exempted 
 shall no longer enjoy such exemption; and after the 
 date of such resolution the privilege granted by 
 this article shall no longer exist for such persons. 
 R. S., 1959, 1960, am. 
 
SCHOOL MUNIOIPALITIBS — ^.\rto. 94 to 96. 
 
 27 
 
 TITLE SECOND 
 
 Sohool MiudoipAllties and Dlatrloti — DltsentlemtB 
 
 SoHool Gorporatloni — ISoliool Conunitaloaers and 
 
 Trusteed — Notieea— Tmeteee of Dlieentient 
 
 SeHoole — Seoretary-Treaiinvers of Sol&ool 
 
 Oonuniasioners and Trnsteee 
 
 CHAPTEli FIRST 
 Sehool Mnnioipalitles and Dletrlete 
 
 SECTION I 
 
 SCHOOL MUNTOIPALITIBS 
 
 ®*« Each school municipality in the Province 
 shall contain one or more public schools, under the 
 control of school commissioners or trustees. R. S. 
 1970, mod, 
 
 ®5. The inhabitants of each school municipality, 
 unless otherwise provided by special statutes, are, 
 for the purposes of this act, submitted to the juris- 
 diction of school commissioners or trustees elected 
 or appointed for such municipality. R. S., 1972, 
 am, 
 
 ®6. The Lieutenant-Governor in Council may, at 
 the request of the interested parties, and upon th(j 
 recommendation of the Superintendent of Public 
 Instruction, erect school municipalities, divide such 
 municipalities and alter the limits of those already 
 existing. R. S., 1973, am. 
 
2H 
 
 BOHOOL MUNIOIPALITIBS — ArtP. 97 to 100. 
 
 !;:jl 
 
 ®'^« The erections, divisions or alterations of the 
 limits of sciiool municipalities may apply only to 
 the Roman Catholics or the Protestants, as the 
 case may be, comprised within their territory. In 
 such case, the notice to be given by the Minister of 
 Public Instruction in the (Quebec Official Gazette, as 
 stated in the following article, shall make mention 
 of the fact. R. S., 1973, ani. 
 
 98. When the request for the erection, the divi- 
 sion, or the alteration of the limits of a municipali- 
 ty is addressed to him, the Superintendent of Pub- 
 lic Instruction shall so inform the corporations 
 concerned, requiring them without delay to make 
 their objections, if any they have, and, fifteen days 
 after they have given this information, he shall, if 
 the erection, division or alteration prayed for seems 
 to him to be expedient, publish a notice respecting 
 such application in two consecutive numbers of the 
 Quebec Official Gazette; but such alteration, division 
 or erection of a school municipality shall not apply 
 to the dissentient minority existing in any munici- 
 pality affected by the alteration, division, or erec- 
 tion unless the trustees have consented thereto. 
 R. S., 1973, am. 
 
 S9. Erections or alterations of the limits or divi- 
 sions of school municipalities cannot be granted 
 until fifteen days after the last publication of the 
 notice mentioned in the preceding article. They do 
 not take effect until the first day of July following 
 the date of the order in council granting them. 
 
 Notice of such erections, alterations in the limits 
 or divisions of municipalities shall be published in 
 the Quebec Official Gazette. R. S., 1971, 1973, in part, 
 am. 
 
 100, The Superintendent of Public Instruction 
 
SOHOOL MUNIOIPALITIBB— Arts. 101 to 104. 
 
 20 
 
 may require that the costs incurred by the erection, 
 alteration of the limits or division of a municipality 
 be guaranteed by the persons applying for the same. 
 R. S., 1973, in party am, 
 
 101. The costs occasioned by the annexation of 
 any territory to a school municipality are at the 
 charge of the municipality to which such territory 
 is annexed. R. 8., 1973, in party am, 
 
 102. The rate-payers, whose properties are de 
 tached from one municipality to form a new muni- 
 cipality or to be annexed to another, are obliged to 
 pay all special taxes that have been imposed in the 
 municipality in which such properties were before 
 the application made by them to be detacned from 
 the said municipality. New. 
 
 103. When a municipality is divided owing to the 
 formation of a new municipality or the annexation 
 of its territory to a municipality already existing, 
 the debts or assets, as the case may be, are divided 
 pro rata to the valuation of the real estate. 
 
 The same rule applies when the religious minor- 
 ity declares itself dissentient. New, 
 
 104. In the case of an erection of a new munici- 
 pality, the rate-payers of the said municipality 
 shall, upon the first Monday, or if that be impossi- 
 ble, upon one of the other juridical Mondays of the 
 month of July following the publication of the 
 notice of such erection in the Quebec Official GazettCy 
 elect their school commissioners in the manner pre- 
 scribed in articles 150 and following of this law. If 
 not, such school commissioners are appointed by 
 the Lieutenant-Governor in Council, upon the re- 
 commendation of the Superintendent of Public In- 
 struction. R. S., 1974. 
 
30 
 
 BOHOOL MUNIOIPALITIBS^— Arts. 105 tO 108. 
 
 105. When, by the erection of one or more muni- 
 cipalities, the municipality or the municipalities 
 from which they have been detached cease to exist, 
 or if one or more municipalities are abolished by 
 their annexation to one or more neighboring muni- 
 cipalities, or by the union of two or more munici- 
 palities, the Superintendent of Public Instruction, 
 if a demand be made upon him by five interested 
 rate-payers during the six months which follow 
 such annexations or abolitions of municipalities, or 
 any other person appointed by him for that pur- 
 pose, may enquire into the state of affairs of the 
 abolished municipalities. R. S., 1975, am, j 
 
 106. The person charged with the said inquiry 
 shall give a notice of at least eight days to the 
 school commissioners or trustees, as the case may 
 be, of the old and new municipalities interested, of 
 the place where and of the day and hour when 
 the examination in question will be proceeded with, 
 so that the said municipalities may be represented 
 thereat. 
 
 For the purposes of the inquiry, the person hold- 
 ing it shall have all the powers conferred by article 
 44 of this act upon the Superintendent of Public In- 
 struction himself. R. S., 1976, in part, 
 
 107. The Superintendent of Public Instruction, 
 after having heard the interested parties, or upon 
 the report of the person whom he has delegated in 
 his stead for that purpose, shall give his decision, 
 which shall have the effect of an award of arbitra- 
 tors, and shall be final and without appeal. R. S., 
 1976, in part, 
 
 108. Until the Superintendent of Public Instruc- 
 tion has made his award above mentioned, the 
 school municipalities interested shall remain in the 
 
SCHOOL MUNIGIPALITIB8 — Arts. 109 k 110. 
 
 31 
 
 Hame state, and the eommissioners or trustees shall 
 remain vested with the same rights and powers, as 
 before the said abolition and annexation, as regards 
 the management of the schools; but they cannot 
 contract any new debt or obligation. 11. S., 1977, 
 i/n part, 
 
 io^« If the Superintendent of Public Instruction 
 decides that the school commissioners or trustees 
 of the abolished municipality shall pay a part of 
 their debts, or do anything whatever which requires 
 the continuation of the existence of the school mtt' 
 nicipality, he shall expressly so declare it in hig 
 award. In such case, the school municipality or 
 municipalities in question shall, for the purpose of 
 carrying out the said award, continue to exist 2ti 
 if the abolition of such municipalities and annexa- 
 tion of its territory had never taken place, and may 
 levy taxes until the said award shall be completely 
 carried out, without prejudice to the right of tb*» 
 new school municipality or municipalities to levy 
 and recover taxes, according to the provisions of 
 the law, from the rate-payers under their control. 
 R. S., 1977, in part, 
 
 110. The school municipality or munlvi|ialities, 
 which shall so continue their legal existence for the 
 purpose of carrying out the said award, shall every 
 year, on or before the first day of July, make a re- 
 port to the Superintendent of Public Instruction of 
 all that has been done in cari ying out the award, 
 until the Superintendent declares the award com- 
 pletely carried out. 
 
 From the day of the publication of such declara- 
 tion in the (,uehec Official Gazette, such school muni- 
 cipality or municipalities shall cease to have any 
 legal existence. R. S., 1978, am. 
 
 / 
 
I 
 
 32 
 
 80H00L MUNICIPALITIBS— Art. Ill to 113. 
 
 111. The Superintendent of Public Instrnotion 
 may, in the said award, order that the new school 
 municipality or municipalities shall have the right 
 to levy, upon the territory from which they have 
 been detached, or upon the abolished municipality 
 or municipalities, a special tax in addition to the or- 
 dinary school tax, during one or more years; and 
 then the school tax so levied may be recovered at 
 the same time and in the same manner, and with 
 the same rights and privileges as the ordinary 
 school taxes, whether the new school municipality op 
 municipalities have or have not a special school law. 
 
 In all proceedings for the recovery of such special 
 tax, an extract from the award, with the certificate 
 of the chairman of the school municipality interest- 
 ed, or of the clerk of the corporation charged with 
 the collection, shall be proof of the existence of the 
 tax in question.<i> R. S., 1979. 
 
 SECTION II 
 
 \::i. 
 
 schooij districts 
 
 112. The school commissioners and trustees shall 
 divide their respective municipalities into school 
 districts which they shall designate by numbers. 
 
 They may also, whenever they deem expedient, 
 alter, by resolution, the limits of districts already 
 existing and erect new ones or divide them. R. S., 
 1981, in part, 
 
 113. School commissioners or trustees need not 
 divide into school districts the incorporated cities. 
 
 (1) Held:— A school municipality can only exist where a muni- 
 cipality exists, and school commissioners have no Jurisdiction 
 beyond the limits of the municipality. Gill, J., 13th March, 1880. 
 School Commiasionera of Bt. Louis de Bonaecoura va. Dalbeo. 10 R. 
 Ii.,P. 679. 
 
SCHOOL MUNICIPALITIES — Arts. 114 to 118. 33 
 
 towns or villages, erected into school mnnioipali- 
 ties. If such division has already taken place, they 
 may, by resolution, annul it, in which case the whole 
 of such school municipality shall form one school 
 district. R. S., 1983, mod, 
 
 !!*• A description of the limits assigned to each 
 district shall be entered in the register of proceed- 
 ings of the school board. R. S., 1981; in part. 
 
 115. To be established, a school district shall 
 contain at le? st twenty children from five to sixteen 
 years of age. 
 
 The commissioners or trustees may, for special 
 reasons, however, establish one school district con- 
 taining a smaller number of children. R. S., 1984, 
 mod, 
 
 116. No district shall exceed five miles in length 
 or breadth, unless the school commissioners or 
 trustees have provided means for the transport of 
 the children to the school, in conformity with the 
 provisions of article 118 of this act. R. S., 1981, 
 in part and new, 
 
 117. The school commissioners or trustees shall 
 take care that there be, as far as possible, a school 
 in each district; but they may, when they deem it 
 necessary, unite two or more districts for the same 
 school, and again separate them. 
 
 The Superintendent of Public Instruction shall, 
 in either case, be notified of any such changes. R. 
 S., 1982. 
 
 118. When the commissioners or trustees unite 
 jtwo or more school districts to maintain one school, 
 or when a district is too extended, they may make 
 arrangements for the conveyance to and from 
 1 school of the pupils living at a distance. New. 
 
 2 
 
34 
 
 DISSENTIENTS — Arte. 119 to 123. 
 
 119. The school commissioners or trustees maj', 
 with the authorization of the Superintendent of 
 Public Instruction, build and maintain two or more 
 school-houses in each district in their municipality. 
 R. S., 2050, mod. 
 
 120. Children domiciled in a district in which 
 there is a school in operation cannot attend the 
 school in another district in the municipality, ex- 
 cept under special permission of the school commis- 
 sioners or trustees, as the case may be. But any 
 rate-payer in a district in which there is no school 
 in operation, may send his children to the school 
 in a neighboring district in the same municipality, 
 upon payment of the monthly fee charged for child- 
 ren of the latter district. R. S., 2070, am. 
 
 121. Any child may attend the model school or 
 academy in his municipality. But no child resident 
 outside the district in which such school is situated 
 can attend the same if he has not the attainments 
 required to follow the model or academy course. 
 New. 
 
 122. Model schools, academies and girls' schools, 
 established in virtue of articles 272 and 273 of this 
 act are each considered as a school district. R. S., 
 2181, in part. 
 
 CHAPTER SECOND 
 
 Dissentients ^ 
 
 123. In any school municipality, any number of 
 proprietors, occupants, tenants or rate-payers pro- 
 fessing a religious belief different from that of the 
 
DISSENTIENTS — Art8. 124 & 125. 
 
 35 
 
 majority of the inhabitants of such municipality, 
 may give, in writing, to the chairman of the school 
 commissioners, a notice by which they inform him 
 of their intention to withdraw from the control of 
 the school commissioners, in order to form a sepa- 
 rate corporation under the administration of school 
 trustees. R. S., 1895, in party mod, ^^^ 
 
 124. Tl^e notice of dissent shall be made in tripli- 
 cate, and be, before the first of May, served upon 
 the chairman of the commissioners or upon their 
 secretary and upon the Superintendent of Public 
 Instruction, and shall be signed by all the rate- 
 payers who wish to be dissentients. 
 
 One copy of such notice shall be deposited and 
 kept in the archives of the trustees. (See Form No. 
 6.) R. S., 1985, in part, mod, 
 
 125. The dissent shall take effect only on the first 
 of July following the date of the service of the no- 
 
 (1) Held.— Thsit in a school municipality, there shall not be 
 more than one board of school trustees, and that each of the 
 different sects forming the minority cannot legally demand a 
 school and board of school trustees of its own. Cuahing vs. the 
 School Trustees of Acton Vale.—^. C, St. Hyacinthe, 1873, Judge 
 SIcotte. Li. C. J., vol. 18, p, 21. 
 
 FeM;— That any proprietor of real estate within a school 
 municipality is entitled to declare himself a dissentient, and 
 that, although not a resident of such municipality, he can 
 validly pay his school rates to the Trustees. School Trustees of 
 8t. Henri vs. Young.— C. Sessions of the Peace, 1861, Judge Cour- 
 sol. L. C. R., vol. 13. p. 473. 
 
 Held:— That dissentients have the right to determine and 
 limit the application of their school rates to schools of their own 
 religion; and, that in the exercise of this right, they are not 
 restricted to the municipality in which they reside, but that It 
 being a personal right, they may exercise It in omni loco. The 
 School Com. of 8t. Bernard de Lacolle vs. Bowman. S. C, Iberville, 
 1865, Judge SIcotte.— L. C. R., vol. 16, p. 204, and L. C. J., vol. 
 10, p. 103. 
 
 neld:—Theit, in a suit between ratepayers and School Com- 
 missioners, the organization of a board of School Trustees, and 
 the fact that the ratepayers are dissentients may be proved by 
 verbal testimony, where It is evident by receipts for school rates 
 given during several years by the said Board of Trustees to the 
 said ratepayers, and by other circumstances, that such a board 
 
36 
 
 DISSENTIENTS — Arts. 126 & 127. 
 
 if 
 I 
 
 tice above mentioned, except in the case of the 
 erection of a new school municipality as provided 
 in article 130 of this act. R. S., 1985, m part, 
 
 126. When a notice of dissent is served in con- 
 formity with article 123 of this act the status quo 
 is maintained until the ordinary time for the an- 
 nual elections, and at that date the dissentients 
 shall elect three trustees, following the method 
 prescribed by articles 154 and following of this act. 
 R. S., 1985, in part, 
 
 127. When, in any municipality, the rate-payers 
 who belong to the religious denomination of the 
 dissentients become the majority, they may organ- 
 ize themselves as a corporation of school commis- 
 sioners. 
 
 has de facto existed. School Corns, of the Township of Roxton vs. 
 Boston et al. C. Q. B., Montreal, 1879.— L. C. J., vol. 24, p. 122. 
 
 Held:— That notice given to a cure by a tax-payer that he has 
 ceased to be a Roman Catholic is not sufficient to relieve him 
 from the payment of school taxes, if such notice has not been 
 given to the school commissioners of the municipality. The 
 School Commissioners of 8t. Sebastien vs. Campbell. 3 Revue de 
 Jurisprudence, p. 353. 
 
 The Lieutenant-Governor of the Province, acting in virtue 
 of Art. 1973 R. S. Q., which permits a change in the boundaries 
 of existing municipalities for school purposes, and the es- 
 tablishment of new school municipalities, established by order- 
 In-council a separate school municipality for Protestants only, 
 in the City and Parish of Longueuil, and this was followed by 
 the election of school commissioners for the new municipality. 
 No declaration of dissent was made by the Protestants, who 
 form a minority at Longueuil, and no board of trustees for 
 the minority was established. 
 
 Held:— Art. 1973 R. S. Q. permits the creation of a separate 
 school municipality for a religious minority residing in the 
 limits of a school municipality, without the production of a de- 
 claration of dissent or the establishment of a board of dis- 
 sentient trustees, and that the effect of the order-in-council 
 was to set aside the general rule as to dissenting minorities, 
 and to constitute the Protestants of the City and Parish of 
 Longueuil into a separate and distinct school municipality. 
 
 Held:— That a Protestant who, after the establishment of the 
 new school municipality had paid school taxes to the school 
 board which represented the. majority of the tax-payers, could 
 recover the amount thereof, as paid in error. Stevens vs. School 
 Commissioners of Longueuil, 9 R. S. Q., C. S., P 408 
 
DISSENTIENTS — Arts. 128 Sk 129. 
 
 37 
 
 For that purpose, they shall give a notice in tri- 
 plicate, like the notice of dissent, which shall be 
 served upon the chairman of the commissioners and 
 upon the Superintendent of Public Instruction, on 
 or before the first of May. {See Form No. 8.) 
 
 The status quo is maintained up to the month of 
 July following, and at that date an election is held 
 in the usual way for the election of five school com- 
 missioners, either for all the rate-payers, if the for- 
 mer majority, which has become the minority, has 
 not declared itself dissentient in accordance with 
 the following article, or for the religious majority, 
 if the minority has declared itself dissentient. R. 
 S., 1987, mod. 
 
 128. When the dissentients have declared their 
 intention of organizing themselves as a corpora- 
 tion of school commissioners, in accordance with 
 the preceding article, the former majority, which 
 has become the minority, may at once declare itself 
 dissentient, by giving notice to the Superintendent 
 of Public Instruction and to the chairman of the 
 trustees. {See Form No. 7.) 
 
 The notice of dissent must, in such case, in order 
 to have effect the same year, be served on or before 
 the fifteenth of June. 
 
 In the month of July following, the new dissen- 
 tients elect their school trustees in the usual man- 
 ner. 
 
 If the notice of dissent is not served before the 
 fifteenth of June, the minority is governed by the 
 school commissioners until it declares itself dissen- 
 tient, in the manner prescribed by articles 123 and 
 following of this act. R. S., 1987a, mod. 
 
 129. Dissentients are not liable for any taxes or 
 school-rates which may be imposed by the school 
 
8$ 
 
 DISSENTIENTS — Arte. 130 i&'131. 
 
 commissioners, except for the assessment for the 
 then current year, or those for the building of any 
 school-house previously contracted for, or for the 
 payment of debts previously incurred, provided al- 
 ways, that such assessments are imposed within six 
 months from the date of the receipt of the declara- 
 tion of dissent. R. S., 1988, in part, 
 
 130. In the case of newly organized municipali- 
 ties, if the declaration of dissent be served upon 
 the chairman of the school commissioners within 
 thirty days after the organization of the school 
 corporation, the dissentients shall not be liable for 
 any taxes imposed by the school commissioners. 
 
 During the thirty days which follow the service 
 of the declaration of dissent, the dissentients elect 
 their trustees in the manner prescribed by article 
 150 and following of this Act. R. S., 1988, in part, 
 mod, and am, 
 
 131. The dissentients in any municipality who, 
 as such, form a school corporation may, upon their 
 application, with the approval of the Superintend- 
 ent of Public Instruction, unite with a neighboring^ 
 school municipality of their religious faith, either 
 completely or only for the purpose of sending their 
 children to school. 
 
 In the case of a complete union, the school funds 
 of the dissentient municipality which applied for 
 the union shall be remitted to the school municipal- 
 ity to which it has been united, and the territory 
 Comprised in such municipality shall form part of 
 the municipality to which it has been united for all 
 school purposes. ^ 
 
 If the union is only for the purpose of sending the 
 children of dissentients to the schools of a neigh- 
 boring school municipality, the school trustees of 
 
DISSENTIENTS — Arts. 132 k 133, 
 
 39 
 
 the municipality who have applied for the union, 
 shall continue to collect the school taxes in their 
 territory, but shall be bound to remit the amount 
 to the school municipality to which they are united 
 within sixty days after the taxes have become due 
 and payable. 
 
 In both cases above mentioned there shall be 
 but one rate of taxation for school purposes for the 
 two municipalities. R. S., 1989, am. 
 
 Such union may be cancelled by the Superintend- 
 ent of Public Instruction upon the petition of either 
 school municipality after twelve months' notice to 
 that effect published in two consecutive numbers of 
 the Quebec Official Gazette, R. S., 1889, am. 
 
 132. Any number whatever of the proprietors, 
 occupants, tenants and I'ate-payers of a township 
 or parish, divided into two or more school munici- 
 palities, professing a religion different from that of 
 the majority of the said township or parish, may 
 dissent and maintain one or more dissentient 
 schools situated in the said township or parish, by 
 giving notice in writing to the chairman of the 
 school commissioners of their respective municipal- 
 ities according to the mode prescribed by article 
 124 and following of this Act. 
 
 In the month of July following the date upon 
 which the above mentioned notice was given, such 
 dissentients shall elect three trusteea 
 
 The trustees shall maintain, under their immedi- 
 ate control, or subsidize a school of their own reli- 
 gious belief, situated in the said township or parish. 
 R. S., 1990, §§1, 2, mod. 
 
 133. Whenever the trustees of a dissentient 
 school municipality shall have been a year without 
 schools, either in their own municipality or jointly 
 
40 
 
 DISSENTIENTS — Arts. 134 & 135. 
 
 with other school commissioners or trustees in an 
 adjoining municipality, or when it is shown that 
 they are taking no steps toward obtaining schools, 
 the Superintendent of Public Instruction, after giv- 
 ing three consecutive notices in the Quebec Official 
 Gazette to that effect, three months after the publi- 
 cation of the first of the said notices, may recom- 
 mend to the Lieutenant-Governor in Council, to 
 abolish the corporation of trustees of dissentient 
 schools for such municipality. R. S., 1991, § 1. 
 
 134. When the abolition of a corporation of trus- 
 tees is granted, a notice to that effect shall be pub- 
 lished by the Superintendent of Public Instruction 
 in the (tuehec Official Gazette, and, after the publica- 
 tion of the said notice, the rate-payers who were, up 
 to that time, under the control of the said trustees, 
 shall then be subject to all taxes levied by the 
 school commissioners, and shall be further held to 
 pay to the commissioners a sum equal to their share 
 of all school taxes and assessments levied by the 
 commissioners during all the time for which the 
 said dissentient trustees had neglected to keep 
 their schools in operation. 
 
 The publication of the notice in the Quebec Offi- 
 cial Gazette is made at the expense of the school 
 board that has applied for the dissolution of the 
 dissentient school corporation. R. S., 1991, §2, am. 
 
 135. One year after the publica^tion in the Quebec 
 Official Gazette of the notice of the dissolution of 
 such dissentient school corporation, any number 
 whatever of proprietors, tenants, occupants or rate- 
 payers professing the religious faith of the minority 
 in such municipality, may again form a new cor- 
 poration as provided by the provisions of articles 
 123 and following of this Act. R. S., 1992. 
 
 •tUnv tt-j g^^llKllwrg»ara»i 
 
DISSENTIENTS — Arts. 136 to 139. 
 
 4l 
 
 136. Whenever there is no dissentient school in 
 a municipality, any resident head of a family pro- 
 fessing the religious faith of the minority in the 
 said municipality, and having children of school 
 age, may declare, in writing, to the chairman of the 
 school commissioners, observing the formalities 
 prescribed by articles 123 and following of this act, 
 that he intends to support a school in a neighboring 
 municipality, provided that his children attend 
 such school. R. 8., 1993, am, <^> 
 
 137. From the first of July following the service 
 of the declaration mentioned in the preceding ar- 
 ticle, such head of a family 8hall pay his taxes to 
 the commissioners or trustees, by whom the school 
 to which he contributes shall be maintained; but 
 the reports of the school boards, under whose con- 
 trol such school is, shall make special mention of 
 children belonging to such neighboring municipali- 
 ty, and such children shall not be taken into account 
 in apportioning the school grants between the com- 
 missioners and trustees. R. S., 1993, am. 
 
 138. Children from other school districts, of the 
 same religious belief as the dissentients for whom 
 the school was established, may attend the same, 
 whenever such dissentients are not sufficiently nu- 
 merous in any district to support a school alone. 
 R. S., 1995, am. 
 
 139. Any rate-payer jirofessing a religion differ- 
 ent to that of the majority of the inhabitants of any 
 municipality may become a dissentient, and any 
 dissentient may, in like manner, declare his inten- 
 
 Held:— The school tax cannot be exacted from dissentients who 
 have united with trustees In a neighbouring municipality for 
 school purposes, even though the procedure adopted was irre- 
 gular. C. S., Que., 162., L. R., 290. 
 
 
42 
 
 SCHOOL CORPORATIONS — Arte. 140 A 141. 
 
 tion of ceasing to be a dissentient by giving simul- 
 taneously to the chairman of the school commission- 
 ers and trustees, or to their secretaires, and to the 
 Superintendent of Public Instruction, a notice to 
 that effect before the first of May, subject, however, 
 in either case to the restrictions of article 129 of 
 this act. R. S., 199G, in part, am. 
 
 140. The receipt, by the chairman of the commis- 
 sioners and by the cliairinaii of the trustees, or by 
 their secretary, of the notice which must be made, 
 in either of the cases mentioned in the preceding 
 article, shall be sufficient to place the persons so 
 making the said declaration under the control of 
 commissioners or trustees, as the case may bo, from 
 the first of July, after the service of the notice of 
 dissent or withdrawal thereof. R. S., 1996, in part, 
 am. 
 
 CHAPTER THIRD 
 Soliool Corporations 
 
 141. The school commissioners and trustees in 
 each municipality shall be a corporation under the 
 name of "The school commissioners (or trustees) for 
 the municipality of in the county 
 
 of {or in the counties of " 
 
 if a municipality he situate partly in several counties.) 
 
 They shall have perpetual succession. 
 
 They may sue and be sued, and shall generally 
 have the same powers which any other body politic 
 and corporate has with regard to the purposes for 
 which it is constituted. R. S., 2019, 7nod. <i) 
 
 (1) Held:— It is not essential that school commissioners allege 
 in their declaration, and produce with the return of an action 
 issued at their instance, an authorization to institute siich ac- 
 tion, and it is sufflcient if they produce such authorization 
 
SOHOOL CORPORATIONS — Arts. 142 k 143. 43 
 
 148. j^o school corporation shall cease by reason 
 of the want of school commissioners or trustees; 
 but when there are no longer any school commis- 
 sioners or trustees, the powers of the corporation 
 as regards the possession of any property, real or 
 personal, shall become vested, in trust, in he Super- 
 intendent of Public Instruction, or, in his default, 
 in the Lieutenant-Governor in Council, until a 
 school board has been reorganized. R. 8., 2034, in 
 part, am, 
 
 143. All administrative acts of school commis- 
 missioners and trustees nhall bo made in virtue of 
 resolutions adopted at regular sessions of their 
 school board. New. 
 
 when objection is taken by the adverse party. C. Q. B., 6th 
 October, 1888. School CommiHaionera of 8t. Norbert V8. Crepcau. 
 U R. J. Q., 119. School Commiaaionera of St. Angc va. St. Hilaire. 
 19 R. L. 473. 
 
 Held:— That when a corporate body pleads that the name, as 
 given in the writ served upon it, is not its true name, it should 
 proceed by an exception to the form and not by a plea to the 
 merits. Th4) Corporation of School Commiaaionera of Hochelaga va. 
 The Abattoir Company of Montreal, 1887.--R. L»., vol. 15, p. 196. 
 
 Held:— That an error in the description of a corporation does 
 not vitiate proceedings taken by such corporation. Parent va. 
 The Corporation of St. Sauveur. C. C, Quebec, 1873, Judge Mere- 
 dith —Q. L. R., vol. 2, p. 258. 
 
 Held:— That an action, brought by a corporation styling itself 
 the "Corporation of Ste. Martine" instead of the "Corporation 
 of the Parish of Ste. Martine" be dismissed on an exception 
 to the form. The Corporation of Ste. Martine va. Henderaon. C. C, 
 Chateauguay, 1873, Judge Dunkin.— R. L., vol. 4, p. 568. 
 
 Held:— On an exception to the form, that the service of a writ 
 of summons, made at the domicile of the secretary-treasurer of 
 a school board was null— it being proved that the defendants, 
 said school board, did not have their office at said domicile. 
 The School Commiaaionera of St. Pierre de Sorel va. The School Oom- 
 misaioncra of the Toum of William Henry. S. C, Montreal, 1855, 
 Judge Mondelet.— L«. C. J., vol. 3, p. 189. 
 
 Held:— That school commissioners or trustees, being a corpora- 
 tion, have a corporate title which they should use In all legal 
 proceedings taken by them. Oagnon va. The School Commiaaionera 
 of St. Janvier. C. C, Ste. Scholastique, 1873, Judge Johnson.— 
 R. L, vol. 5, p- 474; and Barette vs. The School Commiaaionera of Bt. 
 Columban, C. C, Ste. Scholastique, 1875, Judge Johnson.— R. li., 
 vol. 7, p. 185. 
 
 Held:— That the members of a school board, who are in good 
 faith, cannot be held personally responsible for the declBlons of 
 
44 
 
 I i 
 
 SCHOOL CORPORATIONS — Art. 144. 
 
 !**• Any powers conferred to or any obligation 
 imposed upon any scliool commissioners also apply 
 to trustees of dissentient schools in reference to the 
 school municipalities under their control. R. S., 
 1862. 
 
 such board, even when such decisions are Infractions of articles 
 (of the law) which declare that persons contravening them In- 
 cur a flne. Audetto dlt Lapolnte et al va. Duhamel. 8. C, Borel, 
 1869, Judge Loranger.— R. L., vol. 1, p. 52. 
 
 Held:— That a corporation Is not an officer or a person pos- 
 sessing public functions In the sense of art. 22 of the Code of 
 Civil Procedure. Blain va. The Corporation of Oranby. C. R., 
 Montreal, 1873.— R. L., vol. 5, p. 180. 
 
 jfeW;— That corporations may transact In all actions for 
 damages, or actions of any other kind taken against them. 
 That they are bound by such agreements, and can be released, 
 from their obligations concerning them, only for such reasons 
 as would be acceptod in the case of a major in the full enjoy- 
 ment of all his rights. Bachand va. The Corporation of 8t. Theo- 
 dore of Acton. 8. C, St. Hyaclnthe, 1870, Judge Slcotte.— R. Ij., 
 vol. 2, p. 326. 
 
 Held:—1. That a corporation may make promissory notes. 
 2. That the mayor and secretary-treasurer who sign a note 
 in the name of a corporation are presumed to have sufficient 
 authority to do so, and that in a suit to enforce payment of this 
 note, it is not necessary to produce the resolution of the coun- 
 cil authorizing them to sign. Corporation of Orantham va. Couture 
 et al, C. Q. B., Montreal, 1879.— R. L., vol. 10, p. 186. 
 
 Held:— Th&t an advocate acting for a municipal corporation 
 Is not bound to produce the resolution of the council which 
 authorizes him. Duvemay va. The Corporation of 8t. liarthdemy, 
 C. Q. B., 1868.— R. L., vol. 1, p. 714. 
 
 J7cW;— That art. 22 of the Code of Civil Procedure (by which 
 notice must be given to any public officer, or other person ful- 
 filling a public duty, before suing him for damages for any act 
 done by him in the exercise of his functions), and sections 1 
 and 7 of the 101st chap. C S. L. C. (by which any such suit 
 must be commenced within six months after the commission 
 of the act complained of), do not apply In the case of a school 
 commissioner who has acted in bad faith. 
 
 That a school commissioner is not obliged to refund a sum 
 of money paid to a teacher, illegally engaged In the place of an- 
 other who has been wrongfully dismlsseid and who has obtained 
 judgment for her salary. The School Commiaaionera of Bte. Marthe 
 va. 8t. Pierre et al. S. C, Montreal, 1879, Judge Torrance.— Li. JN., 
 vol. 2, p. 343. 
 
 Held:— That notice of action must be given to scnooi com- 
 missioners before an action for damages can be brought against 
 them for any act of theirs done In the exercise of their func- 
 tions. Baain va. The School Commiaaionera of St. Anaelme. C. R., 
 Quebec, 1871.— R. L., vol. 3, p. 454, and R. C, vol. 1, p. 480. 
 
 J7eW:— That corporations have only such powers as are spe- 
 cially vested In them, or which are necessary for the accom- 
 plishment of the duties imposed on them. 
 
 That corporations may be bound in the same manner as in- 
 
i! COMMISBIONBRS AND TRUSTEES — Arts. 146 U> 147. 45 
 
 as in- 
 
 CHAPTER FOURTH 
 Soliool OommiMloneri and Trustees '^ 
 
 SECTION I 
 
 QUALIFICATIONS REQUIRED TO BE A SCHOOL COMMI88IOMBR 
 
 OR TRUSTEE 
 
 145. Every Roman Catholic cursor every minister 
 of any other religious faith ministering in the school 
 municipality, although not qualified with respect to 
 property, and all male resident rate-payers, able 
 to read and to write, qualified to vote under article 
 148, are eligible as school commissioners or trustees. 
 R. S., 200G, in part, am,; 55-50 V., c. 35, s. 1. 
 
 146. In any municipality in which there is a cor- 
 poration of school trustees, individuals of the minor- 
 ity, who have declared themselves to be dissentient, 
 shall not be elected as school commissioners; and 
 those of the majority shall not be elected as school 
 trustees. R. S., 2006, mod; 55-50 V., c. 35, s. 1. 
 
 147. No person holding an office to which he has 
 been appointed by a school board in virtue of this 
 act, nor one who has a contract for such corpora- 
 
 divlduals by quasi contracts, and that they are liable for the 
 legal services of those who procured their acts of Incorporation. 
 De Bellefeuille et al V8. The Municipality of 8t. Louis of Mile End, 
 S. C, Montreal, 1880, Judge Johnson.— L. C. J., vol. 26, p. 18. 
 
 Held:— Tha.t a corporation is responsible for the acts of Its 
 officers if it has ordered them or if it has attempted to Justify 
 them. Doyon vs. The Corporation of the Pariah of Bt. Joseph. C. 
 Q. B., Quebec, 1873.— Tj. C. J., vol. 17, p. 193. 
 
 Held:— That a d' .-.utient Board of School Trustees, who to 
 collect taxes, have caused the county council to sell a property, 
 —on discovering that through their fault, such sale was illegal, 
 —may file an intervention in a petitory action, brought by the 
 purchaser against the actual holder of the property, to stop 
 such action, and thus prevent an action in warranty from be- 
 ing taken against them. Brunei vs. Davidson and the Dissentient 
 School Trustees of Cole 8t. Paul. S. C, Montreal, 1888. Judge 
 Mathieu.— R. L.., vol. 16, p. 175. 
 
* 
 
 I! 
 
 
 Js; 
 
 .,1 ,* i( ' 
 
 46 GOMMISBIONBRS AND TBUSTBBS — Arts. 148 & 149. 
 
 tion, nor one who is in the condition provided for 
 by article 313 of this act, shall be a member of 
 such school board. R. S., 2007, am. 
 
 ' SECTION II 
 QUALIFICATIONS REQUIRED TO BE AN ELECT "^R 
 
 148. To have a right to vote at any election of 
 school commissioners or trustees, it is necessary to 
 be proprietor of real estate, or to be proprietor of 
 the buildings only upon a lot of land belonging to 
 another, to be entered as such upon the valuation 
 roll, and to have paid all school contributions. R. S., 
 2005, in part, am. 
 
 2. In any municipality in which there is a cor- 
 poration of school trustees, individuals of the min- 
 ority who have declared themselves to be dissen- 
 tient, shall not vote at the election of school com- 
 missioners; and those of the majority shall not vote 
 
 at the election of school trustees. R. S., 2006, part. 
 (1) 
 
 149 Whoever votes without having the qualifica- 
 tions required to be an elector, incurs a penalty of 
 twenty dollars. R. S., 2005 ia pert, am. 
 
 Held:— Thsit to be qualified to vote, not only must the voter's 
 name be on the list of voters, but he must have at the moment 
 of voting all the qualifications required by law to be an elector. 
 
 2. That there is no cause to annul the vote of an elector who 
 has not paid all his school taxes, if it is not certain that he 
 owed any more, or if his not paying them within the prescribed 
 time is due to an error on the part of the secretary-treasurer. 
 Doataler V8. Coutu. C. C, Berthler, 1880, Judge Gill.— R. L., vol. 
 11, p. 109. 
 
 Held:— That the absence of the secretary-treasurer from his 
 office during the week immediately preceding the election, thus 
 preventing the electors from paying their taxes and acquiring 
 the right to vote, is not a cause of nullity of an election, if there 
 were just reasons for such absence. Morrier vs. Raaconi. M. C, 
 Bagot, Judge Lanctot.— R. L., vol. 7, p. 140. 
 
COMMISSIONERS AND TRUSTEES — Art. 150 to 153. 47 
 
 SECTION III 
 
 MBBTINO FOR THE ELECTION OF SCHOOL COMMISSIONERS 
 
 AND TRUSTEES < 
 
 150. Unless otherwise provided by some special 
 provision of this act, on the first juridical Monday 
 in July in each year, there shall be held in each 
 municipality for the election of school commission- 
 ers or trustees a general meeting of all the rate- 
 payers qualified to vote at an election of school 
 commissioners or trustees. R. S., 1997, in party am. 
 
 151. The secretary -treasurer of the school com- 
 missioners or trustees shall be bound to convene 
 the annual meeting or any spedal meeting for the 
 election of commissioners or trustees by public no- 
 tice given in the manner prescribed by articles 277 
 and following of this act, seven clear days at least 
 before the day fixed for the meeting ; in case he neg- 
 lects so to do, he is liable to a fine of not less 
 than five dollars nor more than twenty dollars. 
 
 Such meetings shall be convened for ten of the 
 clock in the morning at a central place in the muni- 
 cipality, which shall be indicated in the notice of 
 convocation given for that purpose. (See Form 3.) 
 R. S., 1997, 1999, 2003, in party am. 
 
 152. In the case of an annual meeting, if there 
 be no secretary-treasurer, or if he be absent from 
 the municipality or incapable of acting, the meet- 
 ing shall be convened by the chairman of the school 
 commissioners or trustees, and, in default of either, 
 by the senior member of the school board. R S., 
 1999, in pari. 
 
 153. The chairman of each annual meeting for 
 the election of school commissioners or trustees 
 shall be chosen from among the rate-payers of the 
 
 
 1 
 
 
 ! 
 
 li \ 
 

 1 1 
 
 48 COMMISSIONERS AND TRUSTEES — Arte. 154 tol56. 
 
 schoci municipa]lty, able tc read and write, and 
 appointed for that purpose by a resolution of the 
 commissioners or trustees, as the case may be. He 
 may be chosen from the members of the school 
 board who do not go out if office that year. 
 
 If the appointment of a presiding officer has not 
 been made, or if the person appointed to perform 
 this duty is absent or unable to act, the secretary 
 treasurer of the school board shall preside over Ih:? 
 meeting. R. S., 2001, mod. (D 
 
 154. At the meeting above mentioned the rate- 
 payers, qualified to vote in virtue of article 148 of 
 this act, shall elect five school commissioners or 
 three school trustees, as the case may be, who are 
 able to read and write, or the number of commis- 
 sioners or trustees necessary to fill the vacancies 
 caused by the retirement of such commissioners or 
 trustees who are to go or have gone out of office. 
 R. S., 2004, in part, am. 
 
 155. When the annual general meeting for the 
 election of school commissioners or trustees cannot 
 be held on the first juridical Monday in July, such 
 meeting and election may be postponed to any juri- 
 dical Monday in the same month, by observing the 
 same formalities. R. S , 1998. 
 
 156. If the meeting be the first held in the muni- 
 pality, for the election of a board of school commis- 
 sioners or trustees, it shall be convened by a resi- 
 dent justice of the peace, or, in ^default of a justice 
 of the peace, by any three proprietors of real estate, 
 by observing the formalities prescribed by article 
 151 of this act. R. S., 2000. 
 
 (1) WeW;— That a board of school commissioners or trustees 
 cannot dismiss their president from his office, and appoint 
 another in his place, before the expiration of the year for which 
 he was appointed. Villeneuve vs. Chareat. C. Q. B., Quebec, 1881. 
 >— Decisions of the C. of Appeal, vol. 1, p, 235. 
 
COMMISSIONERS AND TRUSTEES — Arte. 157 & 158. 49 
 
 167. The first meeting for the election of school 
 commissioners or trustees is presided over by a rate- 
 payer of the municipality, able to read and write, 
 selected by those who compose the meeting. R. S., 
 
 2001, in part, am, 
 
 SECTION IV 
 
 ELECTION OF SCHOOL COMMISSIONERS AND TRUSTBBS 
 
 158. The presiding officer, after having opened the 
 meeting, requests the electors present to propose 
 those persons whom they wish chosen as school 
 commissioners or trustees. 
 
 He is bound to nominate as candidates the name a 
 of all persons submitted to him, whether verbally 
 or in writing, by at least two electors present. R S., 
 
 2002, § 1, and part § 2. <i) 
 
 (1) Held:— Thsit it is not necessary to propose each candidate 
 separately. That the presiding officer is bound to propose as 
 candidates the names of all persons submitted to him, whether 
 verbally or in writing, by at least two of the electors present. 
 Legault V8. Paiement C. C, Montreal, 1872, Judge Mackay.— 
 R. C, vol. 2, p. 2m. 
 
 //cZd:— That if no objection is made to the qUrtfLtlcatton lOt 
 the presumed electors when the candidates are proposed and a 
 poll is demanded, the presiding officer may not, alter he has 
 granted such poll, reverse his decisions and act as if no such 
 demand had been made and accepted, on the alleged grf;und of 
 want of legal qualification in some of those viio made the de- 
 mand. Laraway vs. Brimmer. C. C, Sweet&burg, 187L, Judge 
 Dunlcin..— L. C. J., vol. 16, p. 164. 
 
 Held:— Thsit want of qualification in the persons who sub- 
 mitted names to the presiding officer at an election Is not a 
 cause to annul the election, if no objection was made when the 
 candidates were proposed or before the poll was opened, and If 
 the poll was held in the manner prescribed by law. Morrier vs. 
 Fasconi. Magistrates' C, County Bagot, Judge Lanctot.— K. L., 
 vol. 7, p. 140. 
 
 ifeW;— That the names of candidates, submitted by two electors 
 who do not give their names and surnames, but who are v^ell 
 known as electors (for instance, the cure, and the represv^rta- 
 tive of the County in the House of Commons who have resided 
 in the municipality for a great number of years), shall be 
 accepted by the presiding officer.. 
 
 That It Is the presiding officer's duty to demand the names 
 and surnames of all persons who submit names of candidates. 
 Boileau vs. Proulx. C. C. Montreal, 1872, Judge MacKay.— R. C, 
 vol. 2, p. 236. 
 
u: I. 1 
 
 
 50 OOMMISSIONERB AND TRUSTEES — Arte. 159 to 161. 
 
 150. No one can be nominated for election unless 
 at the time, his name and surname, as well as the 
 names and surnames of the electors who propose 
 him, are given. R. S., 2002, § 2, in part, 
 
 160. The nomination of candidates shall take 
 place during the first hour after the opening of the 
 meeting. New, 
 
 161. One hour after the opening of the meeting 
 the chairman proclaims elected the candidate or 
 those of the candidates who are unopposed, and 
 when two or more candidates are proposed in op- 
 position, he proceeds without delay to the registra- 
 tion of the votes of the electors. R. S., 2002, §§ 3, 4, 
 
 in part, mod, ^^> 
 
 (1) Held :~Thsit as soon as the presiding officer has declared 
 the proposed candidates elected, the election is r <-/sed, and that 
 electors arriving afterwards, cannot legally submi^. the names of 
 other candidates, and th« presiding officer cannot legally grant 
 a poll; *,hat the granting of a poll in such a case is illegal, and 
 that any person voting at it without legal qualification shall 
 not, by so doing, incur the fine of twenty dollars decreed by 
 article 316 of the Municipal Code. Melancon vs. Splvestre. C. C, 
 St. Hyaclnthe, 1870, Judge Sicotte.— L. C. J., vol. 14, p. 217. 
 
 Held: — That, when an election has taken place by accla- 
 mation, the presiding officer cann-^t grant a poll to electors ar- 
 riving after the proclamation of thj elected candidates has been 
 made; that, if he does so, the holding of this poll being illegal, 
 persons voting at it without legal qualification cannot be fined, 
 as they might be, were the poll legally held. Bezlerea vs. Turcotte. 
 C. C, St. Hyaclnthe, 1870, Judge Sicotte.— R. L., vol. 2, p, 129. 
 Held: — That the omission of the quality of the electors in 
 the poll book is not a cause to nullify an election. If no injus- 
 tice has been done by such omission. Morrier vs. Rasconi. M. C, 
 County Bagot, Jud^e Lanctot.— R. L., vol. 7, p. 140. 
 If Held:— Thsit an election of commissioners (or trustees) is 
 null if the votes have not been entered in the poll book, and 
 if the names and qualities of the electors have not been men- 
 tioned. Pacaud vs. Oagne. C. Q. B., Quebec, 1867.— Li. C. R., 
 vol. 17, p. 357. 
 
 Held: — That an election of school commissioners (or trustees) 
 which was declared closed before the end of an hour after the 
 opening of the meeting is pull. Armstrong et al. vs. Panghorn. 
 S. C, Sorel, 1880, Judge Gill.- R. L., vol. 10, p. 540. 
 
 Held:— Tha,t the time allowed, during which to nominate 
 candidates, is the first hour after the opening of the meeting; 
 and, that it is not necessary that a written demand be made 
 tor a poll or for the registration of the votes of the electors. 
 
COMMISSIONERS AND TRUSTBBS — Arts. 162 to 165. 61 
 
 162. When voting takes place, the chairman shall 
 enter, or cause to be entered, in a register kept for 
 that purpose, and in the order in which they are 
 given, the votes of the electors, indicating the names 
 and qualities of each. R. S., 2002, § 6. 
 
 1®3. Each page of the poll book shall be num- 
 bered in writing and initialed by the person presid- 
 ing over the election. R. S., 2002, § 10. 
 
 164. Every elector may vote for as many candi- 
 dates as there are school commissioners or trustees 
 to be elected in the municipality. R. S., 2002, § 7. 
 
 (2) 
 
 165. Any person tendering his vote must make 
 the following declaration before the presiding offi- 
 cer, if required so to do by him, by any elector, 
 
 Marquis vs. Couillard. C. C, Quebec, 1876, Judge Dorion.— Q. L. 
 R., vol. 10, p. 98. 
 
 Held:—Tha,t when there Is no opposition to a candidate, he 
 shall be proclaimed elected immediately before the poll for the 
 election of the other candidates is held, that is at the end of the 
 first hour after the opening of the election meeting. lAzotte vs. 
 Lalancette, C. C Sorel, 1879, Judge Papineau.— R. L., vol. 10, 
 p. 480. 
 
 i^eW;— That the presiding oflEicer at an election meeting Is 
 not bound to wait till the end of the hour after the opening of 
 the meeting to proclaim elected a candidate nominated with- 
 out opposition, and to hold a poll and register the votes of the 
 electors in favor of the other candidates. Iluncau vs. Magnan, 
 C. C, L'Assoraption, 1871, Judge Baudry.— R. C, vol. 2, p. 234. 
 
 Held:— That after tho expiration of the hour allowed for 
 the nomination of candidates, while the presiding officer Is 
 counting the electors favorable to each candidate, if five elec- 
 tors demand a poll and the presiding officer refuses it and, not- 
 withstanding the protests of the live electors wlio persist m de- 
 manding a poll, begin anew to count the electors favorable to each 
 candidate, and proclaims one of the candidates elected, the election 
 is null. St. George vs. Gadoury. C. C, Joliette, 1885, Judge Cimon.— 
 L. N., vol. 9, p. 59. 
 
 {2^ jtfeM:— That a person illegally deprived of his right as an 
 elector has ground for an action for damages. Bernatchez vs. 
 Hammd. C. C, Montmagny, 1881, Judge Angers,— Q. I/. R., vol. 
 7, p. 25. 
 
 

 H 
 
 I 
 
 52 OOMMISSIONERS AND TRUSTEES — Arts. 166 to l68. 
 
 by any candidate, or by the representative of any 
 candidate: 
 
 " I swear (or aflSrm) that I am qualified to vote 
 " at this election, thai I am at least twenty-one 
 " years of age, that I have paid all school taxes 
 " due by me, and that I have not already voted at 
 " this election : So help me God." 
 
 If such elector refuse to take such oath, his vote 
 must be refused, and he cannot again present him- 
 self to vote at he election. R. S., 2002, § 8, am, arid 
 new, 
 
 166. If .iji ele tor take the required oath, or re- 
 fuse to take the a me, or if objection be made to his 
 vote, mention . each of these facts must be made 
 in the po!^ book, in the following terms: *'Sworn," 
 "Refused," or "Objected to," as the case may be. 
 R. S., 2002, § 11. (3) 
 
 167. Whenever the presiding officer does not un- 
 derstand the language spoken by one or more of the 
 electors, he must appoint an interpreter, who, be- 
 fore acting as such, takes the following oath before 
 the said presiding officer: 
 
 " I swear (or affirm) that I will faithfully trans- 
 " late the oaths, declarations, affirmations, ques- 
 " tions and answers which the pi< sidiug officer shall 
 "require me to translate respecting this c-ection: 
 " So help me God." R. S., 2002, s 9. 
 
 168. if^ at any time after the votes ' ^ve com- 
 menced to be polled^ one hour elapses w^l ''it any 
 votes having been polled, the presiding c dt must 
 close the election. Nevertheless, if a declaration 
 
 (3) Held:— T^hat the vote of an elector, registered after such 
 elector has refused to take the oath required by law, is null. 
 Dolbcc vs. Portelancc. C. C, Quebec, 1879, Judge Stuart.— Q. L. 
 R., vol. 6, p. 17. 
 

 COMMISSIONERS AND TRUSTEBS — Arts. 169 to 172. 63 
 
 under oath is given to the presiding officer that an 
 elector has been, within the hour last past, pre- 
 vented from approaching the poll by violence, the 
 election cannot be closed until the expiration of one 
 hour after such violence has ceased. M. C, 324. 
 
 169. In case of an equal division of votes in 
 favor of two or more of the candidates, the presid- 
 ing officer is bound to vote immediately for one or 
 other candidate, under a penalty of not less than 
 twenty, or more than fifty dollars. R. S., 2002, § 13. 
 
 I'^O. At the close of the election, which shall be 
 at five o^clock in the afternoon, except in the case 
 provided for by article 168 of this act, the presid- 
 ing officer must certify, under his signature, on the 
 poll-book, the total number of votes entered, from 
 the first to the last entry in the book, and also the 
 total number of votes given for each of the candi- 
 dates, and then he declares such of the candidates 
 as have obtained the largest number of votes duly 
 elected. R. S., 2002, § 12, 14, 2003, in part. 
 
 171. The school commissioner or the trustee so 
 elected is bound to accept office and cannot retire 
 before the expiration of his term. Nevertheless 
 members of the Roman Catholic or Protestant cler- 
 gy, persons over sixty years of age, and all who have 
 been commissioners or trustees within four years, 
 may refuse to accept office, or, having accepted, may 
 afterwards resign. R. B., 2004, 200S, in partj am, 
 
 172. The offii-er presiding o^^er any general meet- 
 ing for the election of school commissioners or 
 trustees shall, within eight days thereafter, under a 
 penalty of five dollars for failure so to do, notify in 
 writing the school commissioners or trustee?* elect- 
 ed, and make a rep'^'^t to the Superintendent of 
 
64 COMMISSIONERS AND TftUSTBiBS— Arts. 173 to 1^6. 
 
 1/ 
 
 I 
 
 Public Instruction; mentioning the date and the 
 place at which the meeting was held and the names 
 of the persons elected. R. S., 2009, mod, 
 
 i''3« If the meeting for the election of school 
 commissioners or trustees has not been held, or if, 
 having been held, there has been no election, the 
 secretary-treasurer shall within the same delay so 
 inform the Superintendent of Public Instruction, 
 under the same penalties. New. 
 
 174. For the municipalities in which no election 
 of commissioners or trustees has taken place within 
 the time prescribed by law, the Lieutenant-Gover- 
 nor in Council may, upon the recommendation of the 
 Superintendent of Public Instruction, appoint the 
 school commissioners or trustees required. R. S., 
 2016. <i) 
 
 SECTION V 
 TERM OF OFFICE OF SCHOOL COMMISSIONERS AND TRUSTEES 
 
 < 
 ( 
 
 i 
 
 H 
 
 I'^'S. Except in the cases specified in the follow- 
 ing article, and in article 198 of this act, school cop:- 
 missioners and trustees shall remain in office ^ ov 
 three years. R. S., 2017, in part. 
 
 1*76. School commissioners or trustees compris- 
 ing the first board elected or appointed by thci 
 Lieutenant-Governor in Council, after the erection 
 of a school municipality, are rejilaced in the follow- 
 ing manner: Two of them in the case of commis- 
 sioners, and one in the case of trustees, determined 
 
 (1) zre?<?;— That the Lieutenant-Governor In Council may annul 
 the appointment of a school commissioner (or trustee) by him 
 made and may appoint another commissioner (or trustee) In his 
 stead. Bertrand vs. Lalonde, S. C, Terrebonne, 1883, Judge Be- 
 langer.— L. N., vol. 6, p. 3^. 
 
COMMISSIONERS AND TRUSTEES — Artfl. 177 & 17a W 
 
 by lot, shall retire from office at the end of the first 
 year, and from amongst those who have not been 
 replaced, two of them for commissioners, and one 
 of them for trustees, determined in the same man- 
 ner, at the end of the second year, and the remain- 
 ing commissioner or trustee, at the end of the third 
 year. 
 
 The chairman shall be liable, in common with 
 the other school commissioners, to go out of office, 
 if it be so determined by lot. 
 
 The drawing of lots must be held by the secretary- 
 treasurer at a regular meeting of the commission- 
 ers or trustees, at least eight days before the publi- 
 cation of the notice to be given for convening the 
 meeting for the election. R. S., 2017, in part, and 
 new. 
 
 !''"''• Commissioners and trustees going out of 
 office shall be replaced by election, and, in default 
 of an election, by the Lieutenant-Governor, in Coun- 
 cil upon the recommendation of the Superintendent 
 of Public Instruction. R. S., 2018. 
 
 SECTION VI 
 
 CONTESTATIONS OP ELECTIONS OP SCHOOL COMMISSIONERS 
 
 AND TRUSTEES 
 
 I'^'S' Any election of school commissioner or trus- 
 tee may be contested by any candidate or by five 
 electors, when it has been carried by violence, cor- 
 ruption, or fraud, or by the votes of persons who 
 have voted without a legal qualification, on th<} 
 ground of disability, or on the ground of the non- 
 observance of the formalities required. R. S., 2015, 
 § 1, am, <'^> 
 
 (1) Held:— Tha.t a school commissioner (or trustee) elected in 
 an illegal manner may resign his office before being prosecutfeU, 
 
56 
 
 COMMISSIONBUS AND TUU8TEBS — Art. l79. 
 
 .1 
 
 11 
 
 
 I 
 
 l\ 
 
 179. The exauiiiiation and decision of a contesta- 
 tion of an elet Jon of school commissioner or trustee 
 IS vested in the Circuit Court of the district or coun- 
 ty, or in Ihe magistrate's court of the county, in 
 which the luunicipali+v is situated, to the exclusion 
 of every other court. F. S., 2015, § 2. ^2) 
 
 and that the office made vacant by his resignutlon may be 
 fiUed by the Lieutenant-Governor In Council. Laliberte V8. Raelle. 
 C. Q. B., 1876. 
 
 Seid:--Thot an election of school commisaloners (or trustees) 
 which took place under circumstances which misled the voters, 
 ^nd prevented them from exercising their right to vote, Is null. 
 
 Sauvv vs. Boilmu. C. Q. B., Montreal. 1882.— Li. C. J., vol. 27, 
 p. 359. 
 
 Beld:— That a candidate, or his agent, who p* ys the taxes 
 due by certain elec ors for the purpose of enabling s» ich electors 
 to vote In favor of such candidate, is guilty of a corrupt act, 
 suiflcient to nullify such votes and such election. Dostaler ct at. 
 vs. Coutu. C. C. Berth ler. 1880. Judiere Gill.— R. L., vol. 11, 
 p. 109, and Auclalre vs. Poirier,~Li. O. J., vol. 28, p.. 231. i 
 
 JleZd;— That in contesting the election of several commis- 
 sioners or trustees, even when the grounds, upon which the 
 election of each is contested, are cJlff-rent, one and the same 
 petition in the name of at least five -electors and one security 
 for costs are sufficieiit. Lrr^ford vs. Rohertson. C. C, Slierbrooke, 
 1£72, Judge Ramsay.— R. C., vol 2, p. 235. 
 
 jEreM;— That Irregularities (by pi\isldlng officers), which do 
 not Interfere in any manner with the right and the exercise 
 of t^'i right to vote, are causes of nullity only when the law so 
 ri'^r ; and that any omission, which does not prejudice the 
 
 >' '.-er^'fe of the right to vote does not invalidate an elec- 
 ti «v> jiiy H v'j. Normand. S. C.,- Three Rivers, 1873, Judge 
 SI<.x ' ~-i '-J., vol. 5, p. 40. 
 
 (2) Heta—l That an election or nomination of school com- 
 missioner or trustee must be contested by n direct action, and 
 that It cannot be incidentally attacked by a petition In nullity 
 of a resolution in which he concurred; 2. That the Jurisdiction 
 given, by art. 348 of the Municipal Code, to the Circuit Court 
 and the Magistrate's Court over the contestations of elections 
 of councillors by electors and appointments of niayors by 
 councils, is exclusive only in cases of violence, bribery, fraud. 
 Incapacity or non-observance of essential formalities, and not in 
 any other case, and specially not in any of the cases created 
 by art. 1016 and following of the Code of Procedure. Paris vs. 
 Couture. C. R., Quebec, 1883.— Q. L. R., vol. 10, p.' 1. 
 
 Held:— That decisions of the Circuit Court In contested election 
 cases under the provisions of the Municipal Code are not sub- 
 ject to revision. Lacerte vs. Dufresne. C. R., Quebec, 1888.— 
 Q. Ll. R., vol. 9, p. 190. 
 
 Held:— That the contestation of the election of school com- 
 missioners must be brought before the Circuit Court or the 
 Magistrate's Court, such courts having exclusive Jurisdiction 
 In this matter. Metras vs. Trudeau et al. C. Q. B., Montren' *«85. 
 — M. Ll. R. Q. B., vol. 1, p. 847. 
 
 by 
 
COMMISSIONERS AND TRUSTEBSs — Arte. 180 & 181. 57 
 
 180. The contestation is* brought before the court 
 by a petition in which are set forth the facts and 
 reasons alleged in support of the contestation. 
 
 The parties interested may also, in their petition, 
 indicate the persons who have a right to the office 
 in question and state the facts necessary to estab- 
 lish such right. 
 
 Such petition is present^d in oper mi% together 
 with the returns of the preliminary f ices. R S., 
 2017, §§ 3, 8. <i) 
 
 181' A copy of the petition mentioned in the pre- 
 ceding article, with a notice stating the day on 
 which the petition will be presented to the court, is 
 served upon every school commissioner or trustee 
 whose election is contested, within fifteen days 
 from the date of such election ; otherwise, the right 
 of contesting is forfeited. 
 
 No such petition can be presented or received 
 after the close of the first term of the court next fol- 
 lowing the day when the controverted election was 
 held. 
 
 Nevertheless, if the election was held within the 
 thirty days preceding such first term, the petition 
 may be presented on the first day of the following 
 term. R. S., 2015, §§ 4, 5. 
 
 (1) Held:— That, to be allowed to contest the election of a 
 school commissioner or trustee, the petition must be presented 
 before the close of the term next following the day when the 
 contested election was held, if more than fifteen days are to 
 elapse between the date of such election and the close of the 
 term. Lavoie vs. HamcUn. C. C, Montreal, 1882, Judge Paplneau.— 
 L.. N., vol. 5, p. 94. 
 Held:— That in the district of Montreal, according to the 
 provisions of 46 Vict., ch. 26, ss. 1 and 2, there are no more 
 terms of the Circuit Court, and consequently a petition (to con- 
 test a municipar election), which according to art. 351 of the 
 Municipal Code, should be presented during the term of the 
 court next following the day when the election was held, may 
 be received after the expiration of this delay. Brunelle vs.^ 
 Broaseau. C. C, Montreal, Judge Doherty.— L. N., vol. 8, p. 99. 
 
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 58 OOttMISStONBRS AND TRtJSTBBS — Arts. Id2 to idd. 
 
 182. The petitioners in the contestation of the 
 election must give security for the costs at least 
 ten days before the petition is presented to the 
 court; otherwise such petition cannot be received. 
 R. S., 2015, § 6. 
 
 183. The security required by the foregoing ar- 
 ticle is deposited with the clerk of the court. R. S., 
 2015, § 7, in part. 
 
 184. The sureties must be owners of real estate 
 of the value of at least two hundred dollars over 
 
 and above any encumbrances there may be on such 
 property. \ 
 
 One surety suffices, provided he is an owner of ** 
 real estate of the same value. R. S., 2015, § 7, in part 
 
 185. if^ after having heard the parties, the court 
 is of opinion that the grounds set forth in the peti- 
 tion are sufficient in law to have the election de- 
 clared null, it orders proof to be adduced and the 
 parties interested to be heard on a day in term. R. 
 S., 2016, § 9. 
 
 186. The court proceeds in a summary manner to 
 hear and decide the contestation. R. S., 2015, § 10, 
 in part, 
 
 187. The evidence may be taken orally or in writ- 
 ing, in whole or in part, as the court shall order. 
 R. S., 2015, § 10, in part, 
 
 188. The court by its judgment may confirm or 
 annul the election, or declare another person duly 
 elected. R. S., 2015, § 11. 
 
 189. The court may condemn either party to pay 
 the costs of the contestation; such costs are taxed 
 and are recoverable as well against the parties to 
 the suit as against their sureties. R. S., 2015, § 12, 
 in part. 
 
COMMISSIONBRS AND TBUSTBBB — Arts. 190 tO 198. ^9 
 
 190. The judgment of the court, in so far as as 
 regards the costs, is executory against the sureties, 
 fifteen days after a copy thereof has been served 
 upon them. R. S., 2015, § 12, in part. 
 
 191. The court may order that its judgment be 
 served at the expense of the party against whom the 
 judgment has been rendered, upon any person to 
 whom it may deem it proper to communicate it. R. 
 S., 2015, § 13. 
 
 i®*« If the trial of the contestation is not con- 
 cluded at the close of the term of the court during 
 which the petition was presented, the sitting judge 
 must continue it without interruption out of term 
 and during the vacation, adjourning from day to day 
 until he delivers his final judgment upon the merits 
 of such contestation. R. S., 2015, § 14. 
 
 l®3. If the court by its judgment annuls the elec- 
 tion of the commissioners or trustees or any one of 
 them, without stating who should fill such offices, 
 the court must in such judgment order a new elec- 
 tion to replace those whose elections are so an- 
 nulled, name for that purpose a person to preside at 
 such election, and fix the day and hour upon which 
 a meeting of the electors is to be held. 
 
 Such day must not be sooner than fifteen nor 
 later than twenty days from the date of the judg- 
 ment. R. S., 2015, § 15. (1) 
 
 (1) Held:— That according to art. 361 of the Municipal Code 
 (art. 208 of this Code), a new election shall be ordered when 
 acts of corruption are proved. Auclaire V8. Poirier. C. C, Water- 
 loo, 1882— L. C. J., vol. 28, p. 231. 
 
 Held:— Th&t when the law does not declare that If one of the 
 candidates Is not qualified and, for that reason. Incapable of 
 exercising the office, the other candidate, although he has not 
 the majority of the votes shall be declared elected, the judge 
 cannot declare it, and in that case a new election must take 
 place. Bureau vs. Normand. S. C, Three River's, 1873, Judge 
 Sicotte.— R. L., vol. 5, p. 40. 
 
« ! 
 
 60 OOMMISSiaNBRS AND TRUSTBBS — Arts. 194 to 197. 
 
 194. The election which is held by order of the 
 court must be announced by public notice given by 
 the chairman of the commissioners or trustees, or, 
 if .there be no chairman in office, or if he be the 
 commissioner or trustee whose election has been 
 annulled, by the secretary -treasurer. 
 
 If there be neither a chairman nor a secretary- 
 treasurer, the notice is given by a justice of the 
 peace, residing in the municipality or, in default 
 of a justice of the peace, by three proprietors of real 
 estate, as soon as a copy of the judgment has been 
 served upon them. R. S., 2015, § 16, in part, 
 
 196. The omission of the notice prescribed by the 
 preceding article prevents a meeting of the electors 
 from being held, and renders the persons, whose 
 duty it is to give it, subject to a penalty of not 
 less than five or more than twenty dollars. R. S., 
 2015, § 16, in part 
 
 196. In default of the person appointed by the 
 court, the election is presided over by the secretary- 
 treasurer, and, in default of that officer, by a rate- 
 payer of the municipality, able to read and write, 
 selected by the rate-payers present at the meeting. 
 
 This election is held and conducted in conformity 
 with the rules and formalities prescribed in articles 
 150 and following of this act. M. C, ^63, in pavt. 
 
 197. The commissioners and trus.oes elected at 
 the election mentioned in the preceding article are 
 vested with the same rights and are subject to the 
 same obligations and penalties as those appointed 
 at general elections, and remain in office only for 
 the lime for which the persons whose elections have 
 been set aside w^re appointed. 
 
OOMMISSIONERS AND TRUSTBBS — Arts. 198 tO 201. 61 
 
 • SECTION VII 
 
 REPLACING SCHOOL COMMISSIONERS AND TRUSTBBS WHBN VACAN- 
 CIES OCCUR DURING THEIR TERM OF OFFICB 
 
 'I . 
 
 108. In case of death, change of domicile, lack of 
 qualification, refusal to accept office when the law 
 authorizes such refusal, resignation legally given, 
 or in case of incapacity, during three consecutive 
 months, by reason of temporary absence or sickness, 
 school commissioners or trustees are replaced by 
 the school commissioners or trustees remaining in 
 office, within the thirty days next after the date 
 upon which the vacancy occurred. 
 
 The secretary of the school board in which such 
 appointment is made shall notify the Superintend- 
 ent of Public Instruction within fifteen days after 
 the same is made. R. S., 2010, am. and new. 
 
 199. Whenever the* replacing mentioned in the 
 preceding article has not been effected within the 
 prescribed delay, the Lieutenant-Governor in Coun- 
 cil may, upon the recommendation of the Superin- 
 tendent of Public Instruction, appoint a school 
 commissioner or trustee, as the case may be, to fill 
 such vacancy. R. S., 2011, am. 
 
 200. A school commissioner or a trustee who has 
 been appointed by the school board under article 
 198 of this act, or by the Lieutenant-Governor in 
 Council, to fill any vacancy ceases to hold office at 
 the date when the term of the person whom he re- 
 places would have expired. M. C., 116. 
 
 201. When school commissioners or trustees are 
 prevented from performing their duties owing to 
 sickness, no election or appointment to fill the said 
 office shall take place, unless such incapacity has 
 
%$ 
 
 COMMISSIONERS AND TRUSTBBS — Art 202. 
 
 been established by the certificate of a physician, 
 sworn to before a justice of the peace, deposited 
 with the secretary -treasurer of the school board. 
 
 The vacancy arising from such incapacity shall 
 date from the day of the deposit of such certificate 
 with the secretary-treasurer. R. S., 2012. 
 
 SECTION VIII 
 MEETINGS OF SCHOOL BOARDS 
 
 202. On the first Monday following the organiza- 
 tion of a school municipality, and, in subsequent 
 years, on the first Monday following the notice of 
 the election of school commissioners or trustees 
 who, in the month of July each year, replace retir-^ 
 ing members on the school board, or when no elec- 
 tion has been held on the first Monday following 
 the notice of appointment by the Lieutenant- 
 Governor in Council, the school commissioners or 
 trustees shall meet to elect their president, who 
 shall remain in office until the appointment of a 
 successor. 
 
 At such meeting also, if necessary, the secretary- 
 treasurer must be engaged. (-> 
 
 If such meeting cannot be held on the day fixed, 
 it may be held on any day of the same week. R. S., 
 2020, §§1, 3, am, and new. 
 
 (1) Held:— The secretary-treasurer of a board of school com- 
 missioners must mention in his minutes the presence or absence 
 of commissioners, and if one of the commissioners whose name 
 is mentioned as "present" leaves the meeting demanding that 
 mention be made of his departure, it is the duty of the secre- 
 tary-treasurer to make mention of such departure, and he may 
 be constrained thereto by writ of mandamus. 
 
 2. The mandamus should in such case be addressed to the 
 secretary-treasurer, and not to the school corporation. Ouap 
 V8. BeaucMmp. 9 R. L. Q., C. S., p. 229. 
 
 Held:— Tha.t a secretary- treasurer cannot claim payment from 
 school commissioners or trustees for supplementary services. 
 Pelletier vs. The School Commisaionera of 8te. Philomene. S. C, 
 Montreal, 1864, Judges Day, Smith, and Mondelet.— L. C. R., 
 vol. i, p. 894. 
 
COMMISSIONERS AND TRUSTBB8 — ^Art8. 203 to 207. 63 
 
 203. Until the appointment of the chairman for 
 the current school year, the first session of the 
 school commissioners or trustees is presided over by 
 one of them. R. S., 2020, § 4, am. 
 
 20*» If the appointment of a chairman has not 
 been made at the first meeting of the school board 
 or within fifteen days thereafter, it may be made by 
 the Lieutenant-Governor on the recommendation of 
 the Superintendent of Public Instruction. M. C, 
 332. 
 
 205. In case of the absence of the chairman, the 
 school commissioners or trustees shall name one 
 of themselves as chairman for the time being, who 
 shall then be vested with the same powers and be 
 subject to the same obligations as the ordinary 
 chairman. B. S., 2021. 
 
 206. The chairman may call meetings of the 
 school board by a notice in writing signed by the 
 secretary-treasurer, which shall be given at least 
 two days before the time fixed for such meetings. 
 ( See Form No. 9.) R. S., 2022, am. 
 
 207. The omission of the necessary formalities 
 for the convening of a meeting of school commis- 
 sioners or trustees cannot be pleaded when all the 
 members present in the municipality have actually 
 attended. New. <i> 
 
 (1) Held:— The metho^ Indicated by art. 2022 R. S. Q., for 
 calling a meeting of s^chool commissioners or trustees is not 
 imperative, and a meeting of school commissioners called ac- 
 cording to immemorial usage is legally called. 
 
 2. An irregularity in the calling of such a meeting cannot be 
 validly urged against a third person who in good faith has 
 contracted with school commissioners represented by their 
 chairman duly authorized. 
 
 3. The rescinding of a resolution passed by school commis- 
 sioners authorizing the purchase of a school house Is without 
 eftect as Against a vendor who has executed a deed of sale on 
 the strength of the resolution first passed. Nadeau V8. Bchooi 
 Commiaaionera of 8t. Frederick, 2 Revue de Jurisprudence, p. 108. 
 
 fct3*lSJi :..'- W 
 
64 OOMMISSIONERS AND TRUSTBBS — Arts. 208 io 213. 
 
 208. Two commissioners, one trustee op five rate- 
 payers, may, by written notice, require the chair- 
 man or, in his default, the secretary-treasurer of 
 their respective school boards to convene such pieet- 
 ing. 
 
 The chairman and secretary-treasurer, so notified, 
 shall thereupon be obliged to convene such meeting 
 under penalty of a fine of ten dollars. B. S., 2023, 
 am, 
 
 209. The meetings of school commissioners and 
 trustees are public; but the commissioners or trus- 
 tees may refer to a committee, whose meetings shall 
 be private, all complaints made against teachers ot 
 pupils, applications for employment or any other 
 subject of a personal nature. B. S., 2024, in part 
 and new. 
 
 210. School commissioners or trustees may, by 
 resolution to that effect, fix a place for their meet- 
 ings in a neighboring school municipality or in an 
 adjacent city, town or village; but in no case shall 
 such meetings be held in a hotel or other place 
 where spirituous liquors are retailed. B. S., 2024, 
 in part. 
 
 211. Meetings of school commissioners and trus- 
 tees may be held on non- juridical days. New. 
 
 212. At meetings of school commissioners or trus- 
 tees all questions shall be decided by the majority 
 of votes of the members present. It is not neces- 
 sary that proposed resolutions shall be seconded. 
 The officer presiding shall vote upon each question, 
 and in case of a tie is always obliged to give a cast- 
 ing vote. B. S., 2025, and new. 
 
 213. The minutes of each meeting shall be in- 
 scribed in the register of proceedings of the school 
 
 H 
 
G0MMI8BI0NIBRS AND TBU8TBBS — Arta. 214 ft 215. 65 
 
 board known as the ^^Minutes of Proceedings." Af- 
 ter having been read and approved at the beginning 
 of the following meeting, they are signed by the 
 person presiding, and countersigned by the secre- 
 tary-treasurer. (See Form No, 10.) B. S., 2096, 2097, 
 mod, 
 
 214. Whenever a by-law or a resolution of the 
 school commissioners or trustees is amended or re- 
 pealed, mention must be made thereof in the mar- 
 gin of the minutes of proceedings, opposite such by- 
 law or resolution, together with the date of its 
 amendment or repeal. R. S., 2098, mod. 
 
 i 
 
 SECTION IX 
 
 POWERS AND DUTIBS OF SCHOOL COMMISSIONERS AND TRUS- 
 TEES RESPECTING THE MANAGEMENT OF SCHOOLS 
 
 215. It is the duty of school commissioners and 
 trustees: 
 
 1. To engage teachers duly qualified to teach in 
 the schools under their control ; 
 
 2. To cancel the engagements of teacherp on ac- 
 count of incapacity, negligence in the perf on dance 
 of their duties, insubordination, misconduct or im- 
 morality, after mature deliberation, at a meeting 
 called for that purpose. 
 
 3. To take the measures necessary to insure that 
 the course of study authorized by the Roman Ca- 
 tholic or Protestant Committee, as the case may be, 
 shall be followed in each school ; 
 
 4. To require that no books be used in the schools 
 under their control other than those authorized, 
 which must be the same for all schools in the muni- 
 cipality; the curS or the priest in charge of the Ro- 
 man Catholic Church, however, has exclusive right 
 
 8 
 
66 
 
 GOMMI8BIONBR8 AND TRUBTBBS — Art. 215. 
 
 ,/ 
 
 to choose the school books haying reference to reli- 
 gion and morals for the use of pupils of his reli- 
 gious belief; and the Protestant Committee has the 
 same powers respecting Protestant pupils; , 
 
 5. To make regulations for the management of 
 their schools, and to communicate them in writing 
 to the teachers under their control ; 
 
 6. To fix the time of the annual public examina- 
 tion, and to attend the same; 
 
 7. To make and carry out regulations respecting 
 hygiene in schools, provided such regulations are 
 not contrary to those of the central board of health ; 
 
 8. To name two or more from among themselves 
 to visit each school under their control at least once 
 every six months, and to report to the corporation 
 of which they are members the state of the school, 
 and whether their regulations are strictly observed, 
 also the progress of the scholars, the character and 
 capacity of the teachers, and every other matter re- 
 lating to the management of the schools; 
 
 9. To comply, as regards the accounts and regis- 
 ter kept by the secretary -treasurer, with all instru«> 
 tions, whether special or general, given them by the 
 Superintendent of Public Instruction; 
 
 10. To cause to be made each year before the fif- 
 teenth of eTuly, a report to the Superintendent of 
 Public Instruction upon a form which he shall fur- 
 nish them; 
 
 11. To keep a register in which are inscribed the 
 minutes of their meetings, which are signed by the 
 chairman and by the secretary -treasurer, in accord- 
 ance with the provisions of article 213 of this act; 
 {See Form No. 10). 
 
 12. To keep books of account in the manner and 
 form indicated by the Superintendent of Public In- 
 Btructioii; • , 
 
OOMMIBBIONBR8 AND TRU8TBB8 — Art. 216. 
 
 67 
 
 reli- 
 
 reli- 
 
 9 the 
 
 at of 
 iting 
 
 ulna- 
 
 • 
 
 cting 
 g are 
 jalth; 
 selves 
 : once 
 'ation 
 chool, 
 BFved, 
 fr and 
 :ep re- 
 
 regis- 
 struc- 
 )y the 
 
 hefif- 
 mt of 
 
 11 fUP- 
 
 jd the 
 >y the 
 cord- 
 ; act; 
 
 r and 
 ic In- 
 
 13. To settle all disputes arising in relation to 
 the schools in their municipality between the pa- 
 rents or children and the teachers; 
 
 14. To dismiss from the school any pupil who is 
 habitually insubordinate or whose conduct is im- 
 moral either in word or deed; 
 
 15. To furnish, if necessary, text-books to indi- 
 gent children who attend the schools under their 
 control, the books being paid for from the funds of 
 the municipality ; 
 
 16. To pay their teachers at the end of each 
 month of teaching. R. S., 2026, am.-, 2040, mod. <*> 
 
 SECTION X 
 
 DUTIES OF SCHOOL COMMISSIONERS AND TRUSTEES 
 
 RESPECTING TEACHERS ^ 
 
 216. The engagement of a teacher shall be for the 
 term of a school year, or to complete a year already 
 begun, or for more than one school year in special 
 
 (1) Held:— It is the duty of school commissioners to build, re- 
 pair, and renew school houses and appurtenances possessed by 
 them, and to lease temporarily or to accept gratuitously the 
 use of houses or other buildings suitable for school purposes, 
 and they cannot free themselves from such obligations by re- 
 quiring that tax-payers supply at their own expense the amount 
 necessary for the building of a new school. 
 
 2. School commissioners in general are bound to provide for 
 the education of the children in their respective municipalities, 
 and they are not discharged from this obligation by the fact 
 that children reside in the neighborhood of the schools of 
 other municipalities to which they may obtain access. 3 Revue 
 de Jurisprudence, p. 522. 
 
 Held:— That a teacher has a right of moderate chastisement 
 against disobedient and refractory pupils, but it is a right 
 which can only be exercised when necessary for the main- 
 tenance of school discipline, and to a degree proportioned to 
 the offences committed. 
 
 Any chastisement exceeding this limit, and springing from 
 motives of caprice, anger or bad temper, constitutes an offence 
 punishable like ordinary delicts. Briaaon vs. Lafontaine. S. C, 
 Montreal, 1864, Judge Loranger.— L. C. J., voL 8, p. 173, and 
 la, C. R.» vol. 14, p. 3TZ. 
 
68 GOMMI88IONBRB AND TRU8TBB8 — ArtB. 217 to 220. 
 
 cases, approved by the Superintendent of Public 
 instruction. R. S., 2027, in part, am, <i> 
 
 217. The engagement is made in writing in virtue 
 of a resolution adopted by the school board. B. B., 
 2026, §1, mod. 
 
 218. The deed of engagement may be drawn up 
 according to form No. 19 of this act. B. S., 2027, 
 in part, 
 
 210. In the deed of engagement the school board 
 is represented by its chairman, or, in his absence, 
 by the secretary-treasurer. New, 
 
 220. Engagements of teachers are made in tripli* 
 cate. 
 
 A copy is sent to the Superintendent of Public 
 Instruction within fifteen days next after its com- 
 pletion, another is given to the teacher, and the 
 third is deposited in the archives of the school 
 board. New. 
 
 (1) Teachers are exempt from serving as Jurors. Art. 2621, 
 R. S. Q. 
 
 Held:— That the salary of teachers Is exempt from seizure. 
 Roy V8. Coderre, School Commiaaionera of 8t. Oura and Meinour, T. 8. 
 C. Q. B., 1848, Judges Holland, Day, and Smith.— M. C. R., p. 73, 
 2nd edition; Lovejoy va. Campbell. S.C, Montreal, 1884, Judge 
 Loranger.— 7 L. N., p. 397. 
 
 Held:— Thait a teacher who has been illegally dismissed, and 
 who has declared his readiness to fulfill his obligations, may 
 instead of taking an action for damages, demand the instal- 
 ments of his salary as they become due. 
 That the suit taken by the teacher to enforce payment of the 
 first instalment prevents prescription from running yr\th re- 
 spect to instalments due subsequent to such action, if the right 
 to the entire salary was contested in the first action, and 
 admitted in principle by the Court. Barette va. The School Cotn- 
 miaaionera of St. Cyprien. C. R., Montreal, 1880.— La Themis, 
 vol. 4, p. 49. 
 
 17eW:— That the power granted to school commissioners and 
 trustees to remove teachers for milsconduct or Incapacity, does 
 not relieve them from liability to damages If such removal take 
 place without sufl[lcient cause. Browne va. The School Gommia- 
 aionera of Laprairie. C. R., Montreal, 1856.-»-Ij. C. J., vol. 1, p 40, 
 and Oaudry va. Marcotte. S. C, Quebec* 1861, Judge Btuart — 
 L. C. R., vol. 11. p. 486. 
 
OOMMIBSIONBR8 AND TRUSTSBB— ArU. 211 to 229. 69 
 
 • 
 
 221. When a teacher has not reached the age of 
 majority^ his engagement is nevertheless valid for 
 all purposes, and he may sue and be sued for any 
 purpose connected with such engagement^ as if he 
 had attained his majority. New. 
 
 222. Excepting in the cases specified in article 03 
 of this act, or in the regulations of the Committee 
 of the Council of Public Instruction, school commis- 
 sioners or trustees shall employ as teachers only 
 those who are provided with diplomas, on pain of 
 losing their share of the Government grant. R. S., 
 1959j mod, 
 
 « 
 
 223. School commissioners and trustees, after 
 having decided by resolution at a regular meeting 
 not to re-engage for the following year a teacher 
 already in their service, shall, before the first of 
 May preceding the expiration of the engagement 
 of such teacher, notify him in writing of their in- 
 tention to terminate the said engagement, (i^ec 
 Form No, 20.) R. S., 2028, in part, am. (D 
 
 (1) Held:— Thsit school commissioners or trustees shall, It 
 they do not wish to continue the engagement of any teacher 
 under their control, notify such teacher of their Intention be- 
 fore the expiration of his or her engagement; 
 
 2. That the resolution, for this purpose, shall not be adopted 
 at any but a regular meeting of said commissioners or trustees; 
 and, that notice of such resolution shall be given, in writing, 
 to the teacher. Gauron vs. The School Commisaioncrs of 8t. Louis 
 d€ Lothiniire. C. C, Quebec, 1881, Judge Casault.— Q. L. R., vol. 
 7, p. 251. 
 
 Held:— Thsit an offer of engagement having been made to a 
 teacher by a Board of School Commissioners without any limit 
 of time for acceptance and not having been withdrawn, the 
 teacher could validly bind them and effect the engagement by 
 her verbal or written acceptance given at a regular meeting of 
 the commissioners, about twelve days afterwards, notwlthstand- 
 nig that in the interval she had, in answer to a demand made 
 to her by individual members of the Board, refused to accept 
 the offer. Devarennes vs. Halle. C. R., Quebec, 1881. — Q. L. R., 
 vol. 7, p. 252, and Demeules vs. The School Commissioners of St. 
 Dominique de Jonquieres. C. R., Quebec, 31 March, 1888. 
 
 Heidi— A clause in a contract with a teacher that he shall 
 leave the school at the end of the year, without the notice of 
 
70 OOMMI8SIONBR8 AND TBUSTBBS — Arts. 224 to 226. 
 
 224. Teachers who have not received the notifica- 
 tion mentioned in the preceding article shall be 
 deemed to be re-engaged for the following school 
 year, for the same school and upon the same terms, 
 unless one of the causes specified in paragraph 2 of 
 article 215 of this act may be invoked against him. 
 R. S., 2028, in part, am. 
 
 225. In the notificiition given to teachers inform- 
 ing them that their services will not be required the 
 following year, the school commissioners and trus- 
 tees are not bound to state the reason for their deci- 
 sion. New, 
 
 226. AH notices given collectively or simulta- 
 neously to teachers by commissioners or trustees 
 with a view of evading the provisions of the 
 school law or regulations, and all agreements made 
 with them, for such purpose, shall be null. 
 
 But the commissioners or trustees may, by one re- 
 solution, declare that the services of several of 
 their teachers are not required for the following 
 school year. R. S., 2029, am, <i) 
 
 two months Is null; and commissioners dismissing him without 
 notice will be held liable in damages. C. Q. B., 6th December, 
 1887. The School Commiasionera of the Conton of Tingtcick vs. Walsn, 
 16 R. L., p. 34. 
 
 Tide also Brown vs. School Commissioners of Laprairie, 1 L. C. J., 
 p. 40; School Commissioners of Iberville vs. Duguet, 1 t>. O. A., p. 
 270; Oauron vs. School Commissioners of St. Louis dc Lotbiniire, 
 7 R. J. Q., p. 251. 
 
 The notice required by 35 Vic, c. 12, sec. 7, to terminate the 
 engagement of a teacher, ought to be in conformity with the 
 resolution passed by the school commissioners, and in default 
 of such resolution and proof that the notice given was signed 
 
 r 
 
 (1) Held:—1. That collective notice, given by a single reso- 
 lution and simultaneously to all the teachers of a municipality, 
 Is null, and that It does not prevent the engagement, or the teach- 
 ers who receive it, from continuing for the following year. 
 
 2. That the notice to a teacher that his engagement Is not 
 continued for the following year need not b6 given to him per- 
 sonally. School Commissioners of Iberville vs. Duguet. C. ;Q. B., 
 Montreal, 18S1.— Deciaions of tlie Court of Appeal^ voK 1, p. 270. 
 
COMMISSIONERS AND TRUSTEES — A.rl8. 227 A 229. 71 
 
 227. Every teacher, who does not intend to con- 
 tinue his engagement for the following year, must 
 give notice of his intention to the school commis- 
 sioners or trustees, as the case may be, before the 
 first of May, preceding the expiration of this en- 
 gagement. R. S., 2030, am, 
 
 228. Except in the case provided for in article 224 
 of this act, school commissioners or trustees shall 
 not be obliged to employ a teacher who does not 
 suit them. R. 8., 2027, in part. 
 
 SECTION XI 
 
 DUTIES OP SCHOOL COMMISSIONERS AND TRUSTEES 
 RESPECTING SCHOOL PROPERTY 
 
 229. It is the duty of the school commissioners or 
 trustees in each municipality: 
 
 1. To administer any moveable and immoveable 
 property belonging to their school corporation in 
 virtue of any title whatsoever; 
 
 2. To acquire and hold for the corporation all 
 moveable or immoveable property, moneys or in- 
 come, and to apply the same for the purposes for 
 which they are intended; 
 
 3. To select and acquire the land necessary for 
 school sites, to build, to repair, to keep in order all 
 school -houses and their dependencies, to purchase 
 or repair school furniture, to occupy temporarily or 
 accept the gratuitous use of houses and other build- 
 
 by the secretary, the engagement will be considered as con- 
 tinued. C. Q. B., 6th December, 1888. The School Comtnisaioners of 
 St. Dominique de Jonquicres vs. Desmeulea, 17 R. L., 84. 
 
 Vide also Yarennes vs. Halle. 7 R. J. Q., 252; 19 Laurent, ^No. 
 121; 4 Aubry et Rau, p. 262. 
 
 A teacher who has not received the two months' notice re- 
 quired by R. S. Q. 2028, and is dismissed at the termination of 
 his engagement, is entitled to his salary for the following year. 
 C. Q. B., 28th May, 1889. The School Comtniasionera of Bt. George 
 V8. Caufield. 18 R. L., 297. 
 
72 OOMMIS8IONBRS AND TRUSTBBS — Arts. 230 to 233. 
 
 ings, fulfilling the conditions required By the regu- 
 lations of the committeea, for the purpose of keeping 
 school therein; 
 
 4. To associate with themselves, permanently,, or 
 for a time only, managers to aid them in matters 
 connected with the administration of school-houses, 
 the erection and repair, warming and cleaning 
 thereof, and with keeping in good order the proper- 
 ty, moveable and immoveable, belonging to their 
 corporation. (See Form No. 12.) 
 
 5. To have the buildings and furniture belonging 
 to their school corporation insured for at least half 
 their value. R. S., 2033, am. 
 
 230. With the authorization of the Lieutenant- 
 Governor in Council, given upon the recommenda- 
 tion of the Superintendent of Public Instruction, 
 school commissioners and trustees may enter into 
 agreements for school purposes with any person, in- 
 stitution, or corporation. New. 
 
 231. ;^to school corporation shall, unless other- 
 wise specially provided by law, hold real property 
 the annual revenue whereof exceeds three thousand 
 dollars. R. S., 2033. 
 
 232. ]N^o school corporation shall, without the ap- 
 proval of the Lieutenant-Governor in Council, upon 
 the recommendation of the Superintendent of Pub- 
 lic Instruction, hypothecate, sell, alienate or ex- 
 change the property belonging to it, or borrow 
 money thereon. 
 
 All sales of school property authorized by this 
 article must be by auction, by the secretary-trea- 
 surer, after public notice. R. S., 2035, am. and new. 
 
 233. Any school corporation in a city, town or 
 incorporated village may, with the authorization of 
 
*ea- 
 
 or 
 of 
 
 OOMMI88IONBRS AND TBUSTBBS — Arts. 234 & 2SS. 73 
 
 the Lieutenant-Governor in Council, upon the re- 
 port of the Superintendent of Public Instruction, 
 capitalize the debts by it lawfully contracted or to 
 be contracted and stipulate for the payment thereof 
 by annuities covering a period of not more than 
 fifty years. R. 8., 2035a. 
 
 Such annuities include the interest and the por- 
 tion of the capital which is to be paid yearly to 
 extinguish the debt at the date agreed upon. R. S., 
 2035&. 
 
 Such corporation may, with the authorization of 
 the Superintendent of Public Instruction, issue, for 
 the payment of such annuities, debentures matur- 
 ing every six months or every year until the loan 
 is paid off. R.S., 2035c. 
 
 234. Any school corporation may also, with the 
 authorization of the Lieutenant-Governor, upon 
 the recommendation of the Superintendent of Pub- 
 lic Instruction, borrow moneys, and, to that end, 
 issue debentures or obligations, but only in virtue 
 and under the authority of a resolution indicating: 
 
 1. The objects for which the lean is to be con- 
 tracted; 
 
 2. The total amount of the issue; 
 
 3. The time of the loan; 
 
 4. The rate of interest; 
 
 5. And other details relating to the issue and to 
 the loan. 
 
 235. Any issue of debentures or obligations here- 
 tofore made and which may be in conformity with 
 the requirements of the preceding article, is hereby 
 declared good and v^^lid. 
 
 Pending cases shall not be affected by these pro- 
 visions: 
 
 y 
 
\ 
 
 74 OOMMISBIONBBS AND TBU8TBB8 — Arts. 236 to 238. 
 
 SECTION XII 
 
 DUTIES OF bCHOOL COMMISSIONERS AND TRUSTEES 
 RESPECTING SCHOOL. TAXES 
 
 236. It is the duty of school commissioners and 
 trustees to cause to be levied by taxation, in their 
 respective municipalities, the taxes necessary for 
 the support of the schools under their control. R. 
 S., 2036. 
 
 237. School assessments shall be imposed uni- 
 formly according to valuation upon all taxable pro- 
 perty in the municipality, and shall be payable by 
 the owner, occupant, or possessor of such property, i 
 If not paid, such assessments shall be a special ^ 
 charge upon such property, bearing hypothec and 
 not requiring registration. R. S.,, 2038. ^^> 
 
 238. Every person, being a rate-payer in a munici- 
 pality in which there is a corporation of commis- 
 sioners, and also a corporation of trustees, or in a 
 
 (1) Held:— That the limits of the town of St. Johns extending 
 to the centre of the Richelieu river, the corporation of the said 
 town has the right to levy taxes on that part of the railway 
 bridge, crossing the Richelieu river, which is situated within the 
 limits of the town, as defined by an act of the Quebec Legisla- 
 ture. The Central Vermont Railway Co. and the Town of 8t. Johns. 
 
 C. Q. B., Montreal, 1886.— L.. C. J., vol. 30, p. 122. 
 
 Beld:— That the limits of the municipality of the town of 
 Longueuil extend to the centre of the River St. Lawrence, and 
 that a wharf situated within said limits, occupied and used as 
 the property of a ferry company, is liable to taxation by the 
 municipality. The Town of Longueuil vs. The Longueuil Na/viga- 
 tion Co. S. C, Montreal, 1883, Judge Taschereau.— L. N., vol. 6, 
 p. 291. 
 
 Held:— Thsit an hypothecary action, against the holder (tiers 
 detenteur) of an immoveable, for school taxes is appealable, and 
 thus subject to revision by three judges of the Superior Court. 
 The School Commissioners of 8t. Norhert vs. Cripeau. C. R., Quebec, 
 1883.— Q. L. R., vol. 10, p. 49. 
 
 neld:—Tha.t a Roman Catholic, owner of an immoveable in 
 a school municipality where there are dissentient schools, who 
 Is taxed by the Dissentient Trustees, and through ignorance 
 pays such taxes, may recover the amounts thus paid. 84guin 
 vs. The School Trustees of Point Fortun*^. C. C., Montreal, 1886, 
 Judge Mathieu.— R. L., vol. 14, p. 236. 
 
00MMISSI0NBR8 AND TRUSTBEB — Art. 2S9. 
 
 75 
 
 municipality erected for either of the two religious 
 denominations, who has children of from five to 
 sixteen years of age not belonging to the religious 
 belief which he professes, shall pay his taxes to 
 both these corporations in proportion to the number 
 of such children of the religious faith of each. Neic. 
 
 239. The following are exempt from the payment 
 of school assessments : 
 
 1. All property belonging to Her Majesty, or held 
 in trust for the use of Her Majesty; and those 
 owned or occupied by the municipal corporation in 
 which they are situated, as well as buildings in 
 which are held courts of justice and registry offices; 
 
 2. All property occupied by or belonging to either 
 the Federal Government or the Government of the 
 Province of Quebec; 
 
 3. Property belonging to fahriques, or to religious, 
 charitable or educational institutions or corpora- 
 tions legally constituted, or property occupied by 
 such fahriques, institutions or corporations, for the 
 purposes for which they have been established and 
 not possessed by them for purposes of revenue; 
 
 4. Cemeteries, bishops' palaces, presbyteries and 
 their dependencies; 
 
 5. Every private educational institution receiving 
 no grant from the municipality in which it is situ- 
 ated, and the land on which it is erected, and it» 
 dependencies ; but every private educational institu- 
 tion that wishes to take advantage of this exemp- 
 tion shall be obliged, after having its title to such 
 rights fyled in the Department of Public Instruc- 
 tion, to make each year to the Superintendent of 
 Public Instruction, according to a form which shall 
 be furnished for that purpose, a report establishing 
 the fact that it has at least ten pupils, and the num- 
 ber of pupils attending sucli school, and all infonna- 
 
y 
 
 76 OOMMtSSIONBBS AND TRUSTBfiS — Art. 240. 
 
 tion that may be required by the Superintendent of 
 Public Instruction; 
 
 6. All property belonging to or used especially 
 for exhibition purposes by agricultural and horti- 
 cultural societies. R. S., 2044, am, <i> 
 
 240. The Superintendent of Public Instruction 
 may authorize school commissioners and trustees 
 of a municipality in which a town or village is com- 
 prised, to levy, upon the real estate of such town or 
 
 (1) Held:— That municipal taxes assessed on a property, situat- 
 ed in the town of Sorel, belonging to Her Majesty and held in 
 trust for her by the Secretary of State for the War Department, 
 cannot be recovered from the occupant of the property, in spite 
 of the fact that his name is on the valuation roll, and that he 
 has neither petitioned nor asked to have it taken off. Parsons 
 V8. The Mayor of Sorel. C. Q. B., Montreal, 1873.— R. L., vol, 15, 
 p. 417. 
 
 ffeW:— That a purchaser of property from Government, in 
 the middle of the civic year, after completion of roll, is not 
 liable for taxes f6r the remainder of the year. Hogan va. The 
 City of Montreal et al. C. Q. B., Montreal, 1884.— L. C. J., vol. 
 29, p. 29. 
 
 Held:— That property belonging to educational corporations 
 or occupied by such corporations, for the ends for which they 
 were established, and not possessed solely by them to derive 
 a revenue therefrom, is exempt from all municipal and school 
 taxes. 
 
 That the farm, known as Maizeret, utilized by the Quebec 
 Seminary; 1st, for its produce, the greater part of which is used 
 by the Seminary; 2nd, as a place of recreation, since more than 
 a century, for the priests, ecclesiastics and pupils of this insti- 
 tution, is exempt from school taxes. The School Cotnmissionera 
 of 8t. Boch Nord vs. The Quebec Seminary. C. Q. B., 1884.— Q. L. R., 
 vol. 10, p, 335. 
 
 Held:— That a private boarding and day school (for young 
 ladies), receiving no grant, employing several teachers and hav- 
 ing on an average eighty-flve pupils per year, is "an educa^tional 
 establishment," within the meaning of the law and exempt 
 from municipal and school taxes. Wylie vs. The Corporation of 
 the City of Montreal. Supreme Court, March 8, 1886. 
 
 Held:— That a house situated on the same lot of land as the 
 Morrin College, to which it belongs, and occupied as a private 
 dwelling by two of the professors of this college, is employed for 
 the purposes of education, and on this account is exempt from 
 municipal taxes, although part of the salaries of the prpfessors 
 was deducted as rent. The Treasurer of the City of Quebec vs. 
 The Morrin College. C. Q. B., Montreal, 1881.— R. L., vol. 11, p. 
 335. 
 
 HeW;— That where an annual assessment, extending over 
 a term of years for the purpose of meeting debentures issued to 
 pay for the construction of a market hall, etc, la validly im- 
 
OOMMISSIONBRS AND TBUSTBBS — Art. 241. 
 
 77 
 
 village a different tax from that which they levy 
 upon the real estate outside such limits; but in such 
 case the tax upon real estate situate outside the 
 limits of such town or village must not be less than 
 one-half of that imposed upon the said town or vil- 
 lage/i> R. S., 2039, mod, 
 
 241. The school commissioners or trustees shall 
 collect from the rate-payers in their municipalKy a 
 sum sufficient to pay the salaries of the teachers, at 
 the expiration of each month of teaching, and their 
 report to the Superintendent of Public Instruction 
 shall show that this has been done. R. S., 2040. 
 
 posed by a municipality on all the rateable property within its 
 limits, any part of such property is not purged from the tax, 
 although it subsequently becomes non-rateable, through its 
 being acquired by a charitable or educational institution. 
 
 That the making of a valuation roll subsequent to the by-law 
 imposing such assessment does not constitute the levying of a 
 new tax, but merely determines the annual amount of the tax 
 to be levied under such by-law. The Sisters of the Holy Namea 
 of Jesua and of Mary vs. The Corporation of the yiUage of Water- 
 loo. C. Q. B., Montreal, 1887.— L. C. J., vol. 31, p. 279; M. L. R., 
 Q. B., vol. 4, p. 20, and L. N., vol. 11, pj, 131. 
 
 (1) Held:— A farm, the revenues of which are employed and used 
 in an educational institution, although no school exists thereon, 
 is exempt from the school tax. The Corporation of Verdun m. 
 Lc8 Bocurs de la Congregation de Notre Dame. 1 D. C. A., 163. C. 
 Q. B., 24th March, 1885. The School Commiaaionera of the Village 
 of St. Oahriel va. Lea Soeura de la Congregation de Notre Dame. 15. 
 R. L. 409. 
 
 Held:— An immoveable occupied by a private person as an 
 educational institution is exempt from taxes, and if the taxes 
 have been paid they may be recovered. This exemption extends 
 to her who maintains the educational institution, and to the 
 proprietor of the immoveable upon which such institution is 
 situated. C. Q. B., 27th November, 1888, Haight va. The City of 
 Montreal, 17 R. L. 551. See also Brown va. Monat, 16 R. L. 170. 
 Wylie va. The City of Montreal, 16 R. L. 172. 
 
 Held:— A lot of land distinct from that on which the church, 
 presbytery and cemetery belonging to the fabrique are con- 
 structed, and possessed by the cure, on the condition that he 
 has discharged the parishioners from the obligation of con- 
 structing and maintaining the presbytery and its appurtenances, 
 is subject to the school tax. Mathieu J., 4th .September, 1889. 
 Thp, School Commiaaionera of Varennea va. Theberge, 18 R. L. 61. 
 Vide also The City of Montreal and the Rector and Churchwardens 
 of Christ Church, 17, R. L., 433. 
 
i 
 
 IS GOMMISSIONBRS AND TBUSTBBS — ^Arts. 242 to 245. 
 
 £42. The school commiBsioners or trustees shall 
 value and tax any lot of land separated from any 
 land already valued and taxed, upon which one or 
 more buildings have been erected since the publica- 
 tion of the valuation roll then in force, and make, 
 in such valuation roll and in the collection roll,, such 
 alterations as become necessary by the separation 
 of such lot, or the erection of such building. The 
 commissioners or trustees shall, however, not be 
 bound to make such valuation when the alterations 
 resulting therefrom are unimportant. E. S., 2045, 
 in part, 2046. 
 
 243. All alterations in the valuation and collec- 
 tion roll shall be made and published in the manner 
 prescribed for the making and publishing of the va- 
 luation and collection rolls in any school munici- 
 pality. R. S., 2046, in part, 
 
 244. jhe school commissioners or trustees, as the 
 case may be, may also, every year, with the authori- 
 zation, or upon the order of the Superintendent of 
 Public Instruction, exempt from school contribu- 
 tions any rate-payer living more than five miles 
 from the nearest school of his religious faith, pro- 
 vided he does not send his children to such school, 
 but this provision does not apply to the proprietors 
 of unoccupied lots. R. S., 2047, am. 
 
 SECTION XIII 
 
 POWERS OP SCHOOIi GOMMISSIONBRS AND TRUSTEES 
 
 RESPECTING MONTHLY FEES 
 
 245. School commissioners and trustees shall fix 
 a monthly fee at the time when they determine the 
 school tax. 
 
 Such fee shall be uniform for all elementary 
 schools in the same municipality. 
 
eoMMianoNEBs and TBUvmni— Arts. 246 to a4a 79 
 
 It is payable to the secretary-treasiirer by the 
 father, mother, tutor, curator or guardian for each 
 child from seven to fourteen years of age, able to at- 
 tend school, for the months during which the school 
 in their district is in operation. 
 
 In no case shall this fee be collected by the teach- 
 er under pain of nullity of payment. B. S., 2068, 
 am, and new, 
 
 246. In elementary schools, the fees shall in no 
 case exceed fifty cents per month, but it must in no 
 case exceed fifty cents per month. 
 
 The fee may be higher for pupils attending a 
 model school or an academy. B. S., 2069. 
 
 247. The monthly fee is exigible for each child 
 from seven to fourteen years of age, whether he at- 
 tends school or not; unless exempted in virtue of 
 article 249 of this act, as well as for each child from 
 five to seven years, or from fourteen to sixteen year?; 
 of age, who attends the school of the district in 
 which he resides, and for any pupil from sixteen 
 to eighteen years of age who attends a model school 
 or an academy in that municipality. 
 
 But no child from seven to fourteen years of Hge 
 shall be excluded from school for non-payment of 
 monthly fees. B. S., 2070, am. and new. 
 
 248. The monthly fee is subject to the same pri- 
 vileges and hypothecs as the school assessment. It 
 may be collected in the same manner and at the 
 same time as the school assessment, or may be ex- 
 acted monthly or in advance, except in municipal- 
 ities in which the manner of collecting this fee is 
 regulated by a special act or by-law of the school 
 corporation approved by the Superi:o tendent of 
 Public Instruction. B. S., 2071, mod. 
 
80 OOMMIS8IONBB8 AND TBUSTBBS — Arts. 849 to 2Si. 
 
 **•• School fees cannot be exacted: 
 
 1. From indigent persons; 
 
 2. For insane, deaf, dumb or blind children ; 
 
 3. For children who are unable to attend school 
 owing to serious and prolonged illness; 
 
 4. For children who are absent from the school 
 municipality for the purpose of receiving their edu- 
 cation, or for children who follow the course as 
 boarders; part boarders, or day pupils in a college 
 or other incorporated educational institution, or 
 one receiving a special grant from the public funds, 
 and independent of school commissioners or trus- 
 tees. R. S., 2072, am. ^ 
 
 250. School commissioners and trustees, in the re- 
 port which they are bound to transmit to the Super- 
 intendent of Public Instruction, shall state the 
 amount of monthly fees fixed for the municipality, 
 and the amount of such fees actually collected. R. 
 S., 2074, am. 
 
 251. The Superintendent of Public Instruction 
 may refuse the school grant to any municipality 
 whose commissioners or trustees have not fixed the 
 monthly fee or have not collected it. R. S., 2075, 
 am. 
 
 SECTION XIV 
 
 t 
 
 DUTIES OF SCHOOL COMMISSIONERS AND TRUSTEES ' 
 RESPECTING SCHOOL-HOUSES AND SCHOOL-LOTS 
 
 252. School-houses shall be built in accordance 
 with, and upon plans and specifications approved or 
 furnished by the Superintendent of Public Instruc- 
 tion. R. S., 2053, in part. 
 
R. 
 
 COMMIBBIONBBS AND TBUBTBBt— Art8. 888 to 888. 81 
 
 283. If it be necessary to purchase or enlarge a 
 school-site to build, rebuild, enlarge or repair one 
 or more school-houses, or dependencies, or to pur- 
 chase or repair school furniture or equipment, the 
 school commissioners or trustees may, for this pur- 
 pose, tax either the particular district or the whole 
 municipality, according as one or the other plan has 
 already been adopted in the municipality. 
 
 The plan adopted in the case just mentioned can 
 be changed only by resolution of the school board, 
 approved by the Superintendent of Public Instruc- 
 tion, six months after a notice to that effect has 
 been given by the board to the rate-payers, in con- 
 formity with the provisions of article 293 of this act. 
 B. S., 2049, in part, am, and new, 
 
 254. If the assessment for a model school or aca- 
 demy be in question, the district in which the said 
 school is situated, if it is obliged to bear the tax 
 provided for in the preceding article, is first as- 
 sessed for an amount which would have been neces- 
 sary for an elementary school. The additional sum 
 required for the model school-house shall be levied 
 on the whole municipality, the district also paying 
 its share. The notices required shall be given as 
 specified in the preceding article.' R. S., 2049, in 
 part 
 
 255. No assessment exceeding the sum of three 
 thousand dollars shall be levied for the construc- 
 tion of a house for a superior school, academy or 
 model school, nor exceeding the sum of sixteen 
 hundred dollars for the construction of an element- 
 ary school-house and its dependencies, unless the 
 school commissioners or trustees are specially au- 
 thorized by the Superintendent of Public Instrue- 
 
82 CX>liMI88IONBB8 AND TRUSTBBB— AHe. aS6 A 288. 
 
 tion to levy for such purposes a larger 8um.<*> R. S., 
 2063. 
 
 256. In the case of a special assessment imposed 
 upon one school district^ or upon the whole munici- 
 pality, for the purchase, building, rebuilding, en- 
 larging or repairing of a school-house, or its depend- 
 encies, any rate-payer may, after the imposition of 
 such assessment, appeal from it, in virtue of article 
 482 and following of this act, to the Circuit Court 
 of the district or county in which the municipality 
 is situated. B. S., 2052, am. 
 
 ^s*^* If, after having selected a vacant lot of land 
 as a site for a school-house, or for enlarging thiS 
 same, the school commissioners or trustees, as the 
 case may be, cannot agree with the proprietor re 
 specting the price for the site, or in case the proprie- 
 tor refuses to deliver possession of the land re- 
 quired, within the eight days next after application 
 in writing shall have been made to him, the matter 
 shall be settled by arbitration in the following man- 
 ner: 
 
 1. The commissioners or trustees, as the case may 
 be, shall appoint an arbitrator, and the owner of the 
 land shall appoint another within thirty days after 
 the aforesaid delay of eight days. 
 
 The judge or one of the judges of the Superior 
 
 (1) FeW:— That Boards of School Commissioners, or Trustees, 
 cannot levy a tax exceeding three thousand dollars for the con- 
 struction of a model school-house. The School Commiaaionera of 
 LapraiHe va. Broaaeau et al. C. Q. B., Montreal, 1884.— -D. C. A., 
 vol. 4, p. 42. 
 
 Held:— Tha.t the obligations of municipal corporations are 
 measured by their powers. 
 
 That, consequently, school commissioners (or trustees) are 
 not liable for the balance of an obligation, given for the erec- 
 tion of a model school house, when such balance is in excess 
 of the amount authorized by law to be. so erpended. Adamn 
 V8. The School Commiaaionera of Barnaton. C. Q. B., Montreal, 
 I860.— L. C. J., vol. 4, p. 363 and L, C. B., VPJ. JJ» p- i9, 
 
are 
 
 COMM IS8IONBRB AND TRUBTBBB — Artn. 258 tO 261. 83 
 
 Court for the district, within which the said land in 
 question is situated, nhull name the third at the 
 diligence of the parties. 
 
 2. If the commissioners or trustees or the pro- 
 prietor do not appoint their respective arbitrators 
 within the prescribed delay, the arbitrators shall be 
 appointed by the judge or one of the judges of the 
 Huperior Court for the district, upon the applica- 
 tion of one of the parties. The arbitrators so ap- 
 pointed shall have all the powers necessary for the 
 summoning, hearing, swearing and examination of 
 the witnesses. R. 8., 2059, am. 
 
 258. Before proceeding in virtue of the preceding 
 article, the arbitrators shall take an oath before a 
 justice of the peace for the district according to 
 form No. 1 of this act. R. S., 2058, mod, 
 
 259. The arbitrators shall, within thirty days 
 after their appointment, make their award, and 
 serve a copy thereof upon each of the interested 
 parties. 
 
 The award of the arbitrators is final. It shall de- 
 cide upon the merits, determine the amount to be 
 paid for the costs of the arbitration, and designate 
 the party who shall be liable therefor. R. S., 2057, 
 § 4, 2059, am, 
 
 260. Upon deposit in the hands of the prothono- 
 tary of the district, in which the expropriated lands 
 are situated, of the compensation awarded to the 
 persons entitled to receive the same, the commis- 
 sioners or trustees may take immediate possession 
 of the land. R. S., 2060. 
 
 261. After all interested persons, creditors or as- 
 signs have been called in, in the manner and form 
 and after the delay which the court or judge shall 
 
84 OOMMISSIONBRS AND TBTTSTBBS — Arts. 262 TO 265* 
 
 deem expedient and just, the Superior Court for the 
 said district shall order the payment over to the 
 party or parties to whom it has been awarded. R. 
 S., 2061. 
 
 262. If sjiy person shall offer any opposition to 
 the execution of the award, any judge of the Super- 
 ior Court may, upon proof that the procedure re- 
 quired by the preceding articles has been followed, 
 issue his warrant addressed to any sheriff or bailiff, 
 or other proper person, to put the commissioners or 
 trustees in possession, which such sheriff, bailiff, or 
 other person shall be bound to do, taking with him 
 such assistance as may be necessary. R. S., 2062, 
 mod. 
 
 263. j^o property exempt from paying school as- 
 sessments in virtue of article 239 of this act can be 
 expropriated for the purposes herein above men- 
 tione(i. R. S., 2063. 
 
 264. When a school district is divided by the 
 formation of a new district or of a new municipality, 
 or by the annexation of a part of its territory to a 
 municipality or district already existing, the part 
 on which the school-house is situated shall retain 
 the property thereof, and shall refund to the other 
 an amount which shall be established pro rata by 
 the valuation of the real property which was. taxed 
 for its erection. 
 
 The same rules shall be followed when the reli- 
 gious minority shall declare themselves dissentient; 
 unless an understanding to the contrary be come to 
 with the minority, the majority shall keep the said 
 school-house on payment of an amount determined 
 as above. R. S., 2064, in part, am, 
 
 265. In either of the cases mentioned in the pre- 
 
265- 
 
 ir the 
 a the 
 
 i. K. 
 
 on to 
 iuper- 
 ve re- 
 [)wed, 
 ailiff, 
 ars or 
 iff, or 
 him 
 2062, 
 
 •ol as- 
 
 an be 
 
 men- 
 
 y the 
 >ality, 
 ^ to a 
 part 
 etain 
 other 
 ta by 
 taxed 
 
 ^ reli- 
 tient ; 
 me to 
 i said 
 nined 
 
 e pre- 
 
 I 
 
 OOMiilSSIONERS AND l^RUSTBfiS— Arts. 266 to 269. 85 
 
 ceding article, the school-house and the site upon 
 which it is built are, in case of contestation, valued 
 by valuators as follows: — When two school-boards 
 are interested each names an expert, or, if two 
 schools in the same municipality are in question, 
 the school board of such municipality appoints two 
 experts. If the two experts cannot agree, they 
 shall appoint a third. R. S., 2057, in part, 
 
 266. Upon default by a school board to appoint 
 its expert or both experts, as the case may be, with- 
 in a delay of one month after having been put in de- 
 fault so to do by one of the interested parties, the 
 appointment of such experts is made by the judge 
 or any of the judges of the Superior Court of the 
 county or of the district in which the municipality 
 is situated when an application is made to him for 
 that purpose, and, in the absence of the judge, by 
 the prothonotary. R. S., 2057, § 2. 
 
 267. The experts appointed in virtue of the pre- 
 ceding articles have all necessary powers to sum- 
 mon witnesses, swear, examine and hear them. 
 Their award is final ; it fixes the value of the school- 
 house and the land, as well as the amount of the 
 costs of the valuation, and designates the party 
 who shall pay the same. R. S., 2057, §§ 3, 4. 
 
 268. When the experts have given their award, 
 the school commissioners or trustees of the munici- 
 pality or municipalities concerned, without delay, 
 apportion between the proper persons the amount 
 to be paid, collect the money as soon as possible by 
 suit or seizure as in the case of the collection of 
 taxes, and render account to the persons interested, 
 R. S., 2064, § 5. 
 
 269. Two or more school municipalities may 
 
86 
 
 COMMISSIONERS AND TBUSTBES — Art 270. 
 
 unite to build or maintain an elementary school, a 
 model school or an academy, which shall be then 
 under the control of the school corporation of the 
 municipality in which it is situated. 
 
 Nevertheless, the school commissioners or trus- 
 tees of the other municipalitj^ or municipalities, 
 which are united for the purpose of contributing to 
 the erection or maintenance of such elementary or 
 model school or ncademy, shall have the right to be 
 represented by one or more of their number at all 
 meetings of the school corporation of the municipal- 
 ity in which such school is situated, to take part in 
 the discussions and to vote upon all questions re- 
 specting the administration of the affairs of such 
 school. 
 
 In the absence of an agreement to the contrary, 
 the right to attend such meetings of the school 
 board extends to all the school commissioners or 
 trustees of the said municipality. R. S., 2065, am. 
 
 270. 1. All school corporations that desire to co- 
 operate, in the manner above set forth, in the erec- 
 tion of such elementary or model school or academy 
 building, shall pass a resolution to that effect, nam- 
 ing the amount which it shall furnish as its share. 
 
 Such sum may be paid in one amount, but at 
 least one instalment shall be paid annually till the 
 whole is paid. 
 
 2. All school corporations that desire to partici- 
 pate in the maintenance only of one of such schools 
 shall also pass a resolution naming the amount to 
 be levied annually for that purpose. 
 
 3. The resolution adopted in either of the cases 
 above mentioned shall be submitted by the school 
 board at a meeting of the rate-payers of the munici- 
 pality, called for that purpose in the ordinary man- 
 ner. 
 
GOMMISSIONBBS AND TRUSTBBS — ^Arts. 271 & 272. 87 
 
 lool, a 
 ? then 
 of the 
 
 ? trus- 
 ilities, 
 :ing to 
 ary or 
 ttobe 
 at all 
 licipal- 
 )art in 
 )ns re- 
 f such 
 
 tttrary, 
 school 
 lers or 
 , am. 
 
 5 to co- 
 te erec- 
 ;ademv 
 t, nam- 
 share. 
 but at 
 till the 
 
 partici- 
 schools 
 3unt to 
 
 e cases 
 
 school 
 
 munici- 
 
 •y man- 
 
 The notice calling such meeting shall contain a 
 copy of the resolution to be submitted. 
 
 At such meeting, the persons qualified to vote 
 shall record their votes for or against the resolution 
 in the manner prescribed for the election of school 
 commissioners *and trustees. 
 
 If the majority vote against the resolution, the 
 said resolution shall become null; but,, if the majori- 
 ty are in favor of the resolution, the school board 
 of the said municipality shall levy the amount 
 named in the resolution, and shall pay the said 
 amount over to the board of the school municipal- 
 ity in which the school is situated. 
 
 4. The amount named for the maintenance of the 
 school shall be paid over each year until it is de- 
 cided by vote of the rate-payers to discontinue such 
 payment. R. S., 2066. 
 
 271. When a school board accepts from another 
 school municipality aid for the construction or 
 maintenance of one of the above mentioned schools 
 situated in its territory, the children in the munici- 
 palit}^ which has furnished such aid shall have the 
 right to attend such school upon the same condi- 
 tions as the children of the municipality in which 
 such school is situated. R. S., 2067. 
 
 SECTION XV 
 
 DUTIES OF SCHOOL. COMMISSIONERS AND TRUSTEES 
 RESPECTING SCHOOLS FOR GIRLS AND BOYS 
 
 272. The school commissioners or trustees may 
 establish in the municipality, girls' schools distinct 
 from those for boys, and each of these schools foi* 
 ^irls or for boys shall be considered as a district. 
 R. S., 2076, mod. 
 
88 COMMISSIONERS AND TBUSTBBS — Arts. 273 to 276. 
 
 273. A religious community that places its school 
 under the management of commissioners or trus- 
 tees shall be entitled to all the advantages granted 
 by this act to public schools. R. S., 2077, mod, 
 
 SECTION XVI 
 
 DUTIES OF SCHOOti COMMISSIONERS AND TRUSTEES 
 RESPECTING ANNUAL CENSUS OF CHILDREN 
 
 274. School commissioners and trustees shall 
 cause their secretary-treasurer to make, between 
 the first day of September and the first day of Oc- 
 tober of every year, a census of the children of the 
 their school municipality. In such census he must 
 distinguish those children who are from seven to 
 fourteen years of age, those from five to seven, and 
 those from fourteen to sixteen, showing the num- 
 ber in each of these categories actually attending 
 school. R. S., 2078, am, 
 
 275. School commissioners and trustees shall, in 
 their report, transmit such annual census of child- 
 ren in their municipalities to the Superintendent of 
 Public Instruction. R. S., 2078, am, 
 
 276. Every head of a family, tutor, curator or 
 guardian who refuses to give to the secretary-trea- 
 surer the information prescribed by article 274 of 
 this act, or who makes a false declaration, is liable 
 to a fine of not less than five, nor more than twenty- 
 five dollars. R. S., 2079, in part. 
 
)276. 
 
 PUBLIO NOTIOBS — Arts. 277 to 280. 
 
 89 
 
 school 
 r trus- 
 ranted 
 
 CHAPTER FIFTH 
 
 Public NotioBS — Special Notices — Notices to ba Given 
 Respecting Certain Acts of School Commis- 
 sioners and Trustees 
 
 BBS 
 
 shall 
 3tween 
 of Oc- 
 of the 
 e must 
 ven to 
 m, and 
 ':i num- 
 ending 
 
 lall, in 
 child- 
 ent of 
 
 tor or 
 y-trea- 
 274 of 
 liable 
 kventy- 
 
 SECTION I 
 
 PUBLIC NOTICES 
 
 277. The publication of a public notice for school 
 purposes is made by posting up a copy of such no- 
 tice at two different places in the municipality, in- 
 dicated by resolution of the school commissioners or 
 trustees, as the case may be. R. S., 1869, am, 
 
 278. In default of localities indicated by the 
 school corporation, the public notice must be posted 
 upon the principal door of at least one place of pub- 
 lic worship of the religious belief to which the com- 
 missioners or trustees concerned belong, if such 
 place exists, and at some other place of public re- 
 sort, in such municipality. R. S., 1869, am. 
 
 279. The school corporation may also, by resolu- 
 tion, fix one or more localities in a neighboring city, 
 town or village municipality, if such city, town or 
 village municipality forms part of the same parish 
 or of the same township, where such notices are to 
 be posted. R. S., 1870, in part, am. 
 
 280. The publication of a public notice must be 
 made at the place or places where the posting must 
 be made under the preceding articles, by reading 
 it aloud, in a distinct manner, on the Sunday next 
 following the day on which the same was published, 
 
90 
 
 SPECIAL NOTIGBS — Arte. 281 tO 285. 
 
 at the close of divine service in the morning, if such 
 service has been held. 
 
 The omission to read such notice does not invali- 
 date the publication of the notice, but the persons 
 who were bound to read it thereby incur a penalty 
 of not less than two or more than ten dollars. R. S., 
 1870, in part, mod, 
 
 281. Every notice which should be published in 
 the newspapers must be inserted in those published 
 at least once a week in the country, or, if there are 
 none in the county, in the district in which is situ- 
 ate the municipality giving the same, or in the 
 neighboring district if none are published in such 
 county or district. 
 
 The same rule applies when such notice must ap- 
 pear in two newspapers published in different lan- 
 guages. R. S., 1871, 7nod. 
 
 282. 1^0 notice can be inserted in English and in 
 French in a newspaper published in one of these 
 languages only. R. S., 1872. 
 
 283. Every public notice convening any public 
 meeting or given for any other object whatever, 
 must be given and published seven clear days be- 
 fore the day appointed for such meeting or other 
 object, except in cases otherwise provided for by 
 this act. R. S., 1873, mod. 
 
 284. The delay upon a notice published in a news- 
 paper counts from the day of the first insertion or 
 the notice in the paper, and, if the notice be pub- 
 lished in several papers on different days, the delay 
 counts from the first insertion in the newspaper 
 which has last published the same. M. C, 239. 
 
 285. Except in cases otherwise provided for, pub- 
 lic notices are binding upon proprietors or rate- 
 
"r 
 
 8PB0IAL NOTIGBS — Arts. 286 to 290* 
 
 91 
 
 if such 
 
 invali- 
 persons 
 penalty 
 
 shed in 
 blished 
 lere are 
 is sitii- 
 in the 
 in such 
 
 lust ap- 
 ent lan- 
 
 and in 
 )f these 
 
 public 
 latever, 
 lays be- 
 )r other 
 
 for by 
 
 a newa- 
 rtioii or 
 be pub- 
 le delay 
 svspaper 
 
 J 39. 
 
 'or, pub- 
 or rate- 
 
 payers domiciled out of the municipality, in the 
 same manner as they are upon residents. K. B., 
 1874. 
 
 SECTION II 
 
 BPBCIAL NOTICES 
 
 286. Every special notice must be drawn up in 
 writing in the language of the person to whom it is 
 addressed, unless such person speaks a language 
 other than French or English. M. 0., 224. 
 
 287. The special notice addressed to any person 
 who speaks neither the French nor the English 
 language, or who speaks both of these languages, is 
 given to him in either language. (>Sfee Form No. 2.) 
 M. C, 224. 
 
 288. The service of a special notice is effected by 
 leaving a copy of the notice with the individual to 
 whom it is addressed, in person, or with a reason- 
 able person at his domicile or at his place of busi- 
 ness, except in cases where the service is made by 
 muil in virtue of any provision of this law. M. C, 
 225. 
 
 289. Every special notice addressed to an absent 
 proprietor or rate-payer, who has appointed an 
 agent residing in the municipality, must be served 
 on such agent. 
 
 If an agent, resident in the municipality, has not 
 been appointed by such absent rate-payer, every 
 such notice is served by lod^ring in the post-office 
 of the locality a copy thereof in a sealed and re- 
 gistered envelope, addressed to the absent proprie- 
 tor or rate-payer. M. C, 226. 
 
 290. "^o one is bound to give a special notice to 
 any absent rate-payer who has not appointed an 
 
 tt 
 
 I! 
 
92 
 
 NOTICES TO BB GIVEN — Arts. 291 tO 293. 
 
 agent, unless such rate-payer has made known his 
 address in writing by filing the same in the office 
 of the secretary-treasurer of the school board. M. 
 C, 228. 
 
 291. Special notices may be served between the 
 hours of seven o^clock in the morning and seven 
 o'clock in the evening, on juridical days. 
 
 However, they cannot be served at places of busi- 
 ness, except between the hours of nine in the morn- 
 ing and four in the afternoon. M. C, 229. 
 
 2®2. If the doors of the domicile or place of busi- 
 ness, where service of a special notice in writing 
 should be made, are closed, or if there is no, reason- 
 able person therein, service is effected by affixing a 
 copy of the notice to one of the doors of the domicile 
 or place of business. M. C, 230. 
 
 SECTION III 
 
 
 NOTICES TO BB OIVBN RBSPBCTINQ CERTAIN ACTS OF SCHOOL 
 
 COMMISSIONERS AND TRUSTEES 
 
 293. The secretary-treasurer of a school board 
 shall, under penalty of a fine of ten dollars, read 
 and post up, in accordance with article 277 and fol- 
 lowing of this act, during the fifteen days following 
 their adoption, the resolutions adopted in the fol- 
 lowing cases: 
 
 1. When the school commissioners or trustees 
 establish new school districts, alter the limits of 
 districts already established, reunite two or more 
 districts or separate such districts, fix the location 
 of a school-house, decide to acquire a site for a 
 school-house, or to build, enlarge or repair a school- 
 house or its dependencies; 
 
 -tV 
 
TRUSTBBS OF DISBBNTIBNT — Arts. 294 tO 296. 
 
 93 
 
 wn his 
 Q office 
 rd. M. 
 
 ;en the 
 I seven 
 
 3f busi- 
 i morn- 
 
 of busi- 
 writinj; 
 reason- 
 ixing «a 
 omicile 
 
 BCHOOIi 
 
 board 
 s, read 
 ind fol- 
 lowing 
 he fol- 
 
 'ustees 
 nits of 
 p more 
 )cation 
 B for a 
 school- 
 
 2. When the school commissioners or truwtees 
 have imposed a special assessment for the purchase 
 of land for a school-house, for the building, enlarg- 
 ing, repair or maintenance of a school-house and its 
 dependencies, or for the purchase and repair of 
 school furniture; 
 
 3. When the school commissioners or trustees 
 have changed the system of assessment followed in 
 the municipality for the purposes mentioned in the 
 preceding paragraph. (See Form No. 21.) 
 
 No resolution passed under the provisions of the 
 preceding paragraphs shall come into force before 
 thirty days after the publication of the above men- 
 tioned notice. New. 
 
 CHAPTER SIXTH 
 Trustees of Dissentient Schools 
 
 294. School trustees form a corporation for the 
 purposes of the dissentient schools of their munici- 
 pality. They are subject to the same duties and ex- 
 ercise the same powers as school commissioners 
 for the administration of the school municipality 
 under their control. R. B., 2080, 2081, 2085, in part. 
 
 295. The school trustees shall receive' a share of 
 the general school fund, bearing the same propor- 
 tion to the whole sum allotted to such municipality 
 as the number of children attending such dissen- 
 tient schools bears to the entire number of children 
 attending school in the whole municipality. R. S., 
 2081, in part, mod. 
 
 296. Trustees of dissentient schools alone have 
 the right of imposing and collecting the taxes to be 
 levied upon the dissentient inhabitants. 
 
/ 
 
 I 
 
 i 
 
 94 TRUSTEES OF DISSENTIENT — Arts. 297 to 300. 
 
 297. Whenever the school trustees in two adjoin- 
 ing municipalities are unable to support a school 
 in each municipality, it shall be lawful for them to 
 unite and to establish and maintain, under their 
 joint management, a school situated as near the 
 limits of both municipalities as possible, so as to 
 be accessible to both. 
 
 In such case the trustees jointly report their de- 
 cision for such purpose to the Superintendent of 
 Public Instruction, who shall remit the share of the 
 public school grant to the secretary -treasurer of the 
 municipality indicated in the report as the person 
 who should receive it. R. S., 2083,, am, 
 
 298. The trustees have the right to obtain a copy 
 of the collection roll in force of the list of children 
 capable of attending school, and of all other docu- 
 ments in the hands of the school commissioners or 
 of their secretary-treasurer which concern tbera. 
 R. S., 2084, § 1. 
 
 299. If there is no collection roll, or if the assess- 
 ment imposed does not appear to them a proper onti 
 the trustees may, in the two months following their 
 election or their appointment, impose a new assess- 
 ment upon the dissentient inhabitants according to 
 the procedure prescribed by articles 3C3 and follow- 
 ing of this act. R. S., 2084, § 2, am. 
 
 300. Trustees may constitute their own school 
 districts distinct and separate from the school dis- 
 tricts established by the school commissioners. R. 
 S., 2085, in part, am, * 
 
». 
 
 SBORBTARY-TRBASURBRB — AHb. 301 tO 305. d5 ' 
 
 djoin- 
 jchool 
 em to 
 
 their 
 ir the 
 
 as to 
 
 eir de- 
 ent of 
 of the 
 of the 
 person 
 
 a copy 
 lildren 
 ' docu- 
 ^ers or 
 them. 
 
 ssess- 
 er omi 
 r their 
 ssess- 
 ing to 
 ollow- 
 
 school 
 ol dis- 
 'S. R. 
 
 CHAPTER SEVENTH 
 
 Seoretarj-Treainrers of School Commitiionevs and 
 
 Trustees 
 
 SECTION I 
 
 OBNBRAIi PROVISIONS 
 
 301. Every school board shall have an officer 
 called the secretary-treasurer, whom it appoints 
 and may dismiss at pleasure, and whose remunera- 
 tion it fixes by resolution. R. S., 2087, am,, 2110. 
 
 302. In every newly formed municipality, the 
 secretary-treasurer must be appointed within thir- 
 ty days after the electon or the nomination of the 
 members of the school board. M. C, 142, in pari, 
 mod, 
 
 303. Every secretary-treasurer, before acting as 
 such, must make oath faithfully to discharge the 
 duties of his office, and must have given the security 
 required by article 308 of this act. {S^ee Forms Nos, 
 1 and 11). M. C, 144, part, mod, 
 
 304. The secretary-treasurer may reside beyond 
 the limits of the municipality, but he must have 
 his office in the place where the sessions of the 
 school board are held, or in any other place fixed by 
 resolution of the school board; provided the same 
 be not in a hotel, inn, or in any other place where 
 intoxicating liquors are sold. M. C, 171 in part, 
 mod, 
 
 305. The school board shall also fix by resolution 
 the days and hours during which the office is open 
 to the public. New, 
 
96 BB0RBTABY-TRBA8URBR8 — Arte. 906 to 309. 
 
 306. The secretary-treasurer may appoint an as- 
 sistant secretary-treasurer, with the same rights, 
 powers and obligations as the secretary-treasurer 
 himself. 
 
 The assistant secretary-treasurer shall enter into 
 office as soon as he has received written notice of 
 his appointment, and he may be removed at pleas- 
 ure by the secretary-treasurer. He is not bound to 
 give security, and, in the exercise of his functions, 
 he shall act under the responsibility of the secre- 
 tary-treasurer who appointed him, and under that 
 of the sureties of that officer. R. 8., 2113, §§ 1, 2, a. 
 
 307. The secretary -treasurer and the assistant 
 secretary -treasurer cannot be either a member of 
 the school board or a teacher that it emjjloys. R. H., 
 2111, am, 
 
 SECTION II 
 
 BBCRBTART-TRBASURER'« SECURITY 
 
 308. Every secretary-treasurer shall, before en- 
 tering upon his duties as such, give seucrity to th<:» 
 school commissioners or trustees, either by a nota- 
 rial instrument, the minute of which shall remain 
 with the notary receiving It, or by a bond under 
 private seal signed and acknowledged befdre a jusi- 
 tice of the peace, or by a policy in a guarantee com- 
 pany, under the provisions of article 311 of this Act. 
 R. S., 2088, 2094a, in part 
 
 309. The security, by notarial Instrument or by 
 bond under private seal, is given by at least two 
 solvent sureties, jointly and severally, to the satis- 
 faction of the chairman of the school commission- 
 ers or trustees, as the case may be. [See Form No. 
 11.) 
 
BBOBVTABT-TRBABURBRS— Art 810 tO 812. 
 
 W 
 
 1 as- 
 5htB, 
 
 »!• 
 
 into 
 ze of 
 leas- 
 id to 
 ionM, 
 lecre- 
 
 that 
 , 2, a. 
 
 slant 
 ►er of 
 
 R. n., 
 
 e en- 
 th<^ 
 nota- 
 ^maiii 
 under 
 a jus- 
 coni- 
 3 Act. 
 
 [)r by 
 t two 
 satis- 
 ssion- 
 
 m No. 
 
 A copy of such surety bond shall be sent to the 
 Superintendent of Public Instruction within fifteen 
 days after it is executed. R. S., 2088, 2089, in party 
 mod, 
 
 310. Whenever the security is entered into by 
 bond under private seal, the ori)?inal thereof shall, 
 within thirty days after its execution, be deposited 
 in the hands of the registrar of the county, who 
 shall keep the same in his custody, and may deliver 
 certified cojnes thereof, which shall, to all intents 
 and purposes, be authentic. 
 
 For every such copy the registrar may demand 
 and receive ten cents for every hundred words there- 
 in. R. S., 2090. 
 
 311. The security by insurance policy or contract 
 shall be made in favor of the school commissioners 
 or trustees by a guarantee insurance company law- 
 fully constituted, and accepted by the said school 
 commissioners or trustees by resolution adopted by 
 them for that purpose. 
 
 The insurance premium may be paid by the 
 school commissioners or trustees and afterwards 
 retained by them out of the salary or remuneration 
 of the secretary -treasurer. 
 
 Notice of such security shall be given to the Su- 
 perintendent of Public Instruction during the fif- 
 teen days following the receipt of the insurance 
 policy which it guarantees. R. S., 2094a, mod, 
 
 '312. Such security remains in force in case the 
 engagement of the secretary-treasurer is continued; 
 but it shall be renewed whenever its renewal is 
 required by the school commissioners or trustees. 
 R. S., 2089, and new. 
 
98 SECRETARY-TRBAStJRBRS — Arts. 313 & 316. 
 
 SECTION III 
 
 THE SECRBTARY-TRBASURER'S SURETIES 
 
 313. The sureties of a secretary -treasurer cannot 
 be members of the school board whereof such secre- 
 tary-treasurer is or was the employee, before being 
 discharged from all obligations arising out of the 
 security bond. M. C, 155. 
 
 314. The sureties bind themselves, jointly and 
 severally with the secretary-treasurer, towards the 
 school corporation for the faithful performance of 
 the duties of his office, and for the payment of all 
 moneys for which he may be accountable in the ex- 
 ercise of his office, principal, interest, costs, penal- 
 ties and damages. R. S., 2089, mod, 
 
 315. Whenever one of his sureties dies, fails or 
 becomes insolvent, or removes his domicile outside 
 the limits of the district, the secretary-treasurer 
 must, as soon as he becomes aware of such fact, 
 notify the same, in writing, to the chairman of his 
 school corporation, under a penalty of one hundrevi 
 dollars. R. S., 2093, in part. 
 
 316. The sureties of the secretary-treasurer may, 
 at any time, free themselves from suretyship. Thir- 
 ty days after having served a notice of their inten- 
 tion to that effect upon the secretary-treasurer him- 
 self, and upon che chairman of the school board, 
 they become free, for the future, from all liability 
 towards the secretary-treasurer and the school 
 board. 
 
 Such notice is given and served by a notary or 
 by the surety himself in writing delivered in pre- 
 sence of a witness. R. S., 2091. 
 
SttCREtA&Y-TRESASURBBS — Arte. 317 to 321. 99 
 
 317. The secretary-treasurer shall, within fifteen 
 days after the service of the notice mentioned in 
 each of the two preceding articles, furnish other 
 sureties; in default of his so doing, he shall not per- 
 form any of the duties of his office, under a penalty 
 of a fine of twenty dollars for such infringement. 
 R. S., 2092, am, 
 
 318. The sureties of the secretary -treasurer, after 
 they are freed from their bond, or after the secre- 
 tary-treasurer has ceased to discharge the duties of 
 such office, may exact from the chairman of the 
 school board a certificate of discharge, which certi- 
 ficate shall be deposited in the registry office when 
 the surety bond is under private signature. R. S., 
 2094, am, 
 
 SECTION IV 
 
 QENERAL DUTIES OF SECRETARY-TREASURERS 
 
 319. The secretary -treasurer, in consideration of 
 the remuneration which he receives, shall fulfil all 
 the duties imposed upon him by this act. R. S., 2112, 
 in part, 
 
 320. The secretary-treasurer is the keeper of all 
 the books, registers, plans, maps and other docu- 
 ments produced, filed and preserved in his office. 
 
 He cannot divest himself of the custody of any 
 documents contained in the archives of the school 
 board, except with the permission of such board or 
 under the authority of a competent court or of the 
 Superintendent of Public Instruction. R. S., 209r», 
 am, 
 
 321. The secretary-treasurer attends all meetings 
 of the school corporation and, in accordance with 
 article 215 of this act, draws up minutes of all the 
 
100 
 
 SBGBETARY-TRBASURBRS — Arts. 322 to 326. 
 
 acts and proceedings thereof, in the book kept for 
 that purpose. E. S., 2096. 
 
 322. Copies and extracts, certified by the secre- 
 tary-treasurer from all books, registers, archives, 
 and other documents are deemed authentic. E. S., 
 2099, mod. 
 
 323. The secretary-treasurer collects and has 
 charge of all the moneys of the school corporation. 
 E. S., 2100, am. 
 
 324. The secretary-treasurer shall pay out of the 
 funds of the school corporation, all sums of money 
 due by it; but he shall not make any payments ex- 
 cept when authorized so to do by resolution of the 
 school board. 
 
 If the sum to be paid does not exceed ten dollars, 
 the authorization of the chairman is sufficient. E. 
 S., 2101, mod. 
 
 325. In the absence of authorization from the 
 school corporation or from its chairman, the secre- 
 tary-treasurer may pay, out of the funds of the cor- 
 poration, any draft or order drawn upon him, or 
 any sum demanded by any one empowered so to do 
 by the provisions of the school laws or regulations. 
 
 No draft or order shall, however, be legally paid, 
 unless it specifies the use to be made of the sum 
 therein mentioned. E. S., 2102, 2103. 
 
 326. No secretary-treasurer shall, under a penal- 
 ty of twenty dollars for each infraction ; 
 
 1. Grant discharges to rate-payers, or other per- 
 sons indebted to the school corporation, without 
 having received the amount mentioned in such dis- 
 charges; 
 
 2. Lend, directly or indirectly, to rate-payers, or 
 to any other persons, money belonging to the school 
 corporation. B. S., 2104. 
 
SBGRETARY-TRBASURBRS — Arts. 327 to 381. 101 
 
 t for 
 
 lecre- 
 lives, 
 
 E{<> S.) 
 
 has 
 ition. 
 
 }t the 
 loney 
 ts ex- 
 f the 
 
 )llars, 
 t. R. 
 
 Q the 
 secre- 
 e cor- 
 
 , OP 
 
 > do 
 
 Itions. 
 
 paid, 
 
 sum 
 
 )enal- 
 
 per- 
 
 thout 
 
 dis- 
 
 '3, or 
 Ichool 
 
 327. The secretary-treasurer is bound to keep, in 
 the form prescribed, books of account, in which he 
 enters, according to date, each item of receipt and 
 expenditure, mentioning therein the names of all 
 persons who have paid money into his hands, or to 
 whom he has made any payment. R. S., 2105. 
 
 328. The secretary-treasurer must keep, amongst 
 the archives of the school corporation, all vouchers 
 for his expenditure. R. S., 2106. 
 
 329. The secretary-treasurer is bound to keep a 
 "repertory,'' in which he mentions, in a summary 
 manner and in the order of their dates, all reports, 
 acts of apportionment, valuation rolls, collection 
 rolls, judgments, statements, notices, letters,, maps, 
 plans, and other documents whatsoever, that he 
 makes or are in his possession during the exercise 
 of his office. R. S-, 2107. 
 
 330. The secretary-treasurer's books of account 
 and vouchers for his expenditure, together with all 
 the registers or documents in the archives of the 
 school board, are open for inspection and examina- 
 tion by any interested party, or their attorneys, on 
 office days. 
 
 Such persons, either themselves or their attor- 
 neys, may take all notes or copies which they re- 
 quire. R. S., 2108. 
 
 331. The secretary -treasurer is bound to deliver, 
 upon payment of his fees, which are ten cents per 
 hundred^ words, to any person applying for the 
 same, copies or extracts from any book, roll, regis- 
 ter, document, or other paper which forms part of 
 the archives 
 
 He is, nevertheless, bound to furnish gratuitous- 
 ly, any copy or extract required by the Lieutenant- 
 Governor, the Superintendent of Public Instruction, 
 
102 SBORBTABY-TRBASUBBRS — Arts. 332 to 335. 
 
 the Council of Public Instruction and its commit- 
 tees, or by members of the school corporation or its 
 officers. R. S., 2109, am, 
 
 SECTION V 
 
 ACCOUNTING BY SECRBTART-TREASURBRS 
 
 332. Unless otherwise specially provided, every 
 secretary-treasurer shall prepare and submit to the 
 school commissioners or trustees, during the first 
 week of the month of July in each year, a detailed 
 statement, duly audited, of the receipts and expend- 
 iture of the municipality for the year ending on the 
 preceding thirtieth of June. R. S., 2114, § 1, am. 
 
 333. Each year, during the month of July, the 
 school commissioners and trustees shall have the 
 accounts of the secretary-treasurer audited by one 
 or more auditors whom they appoint. 
 
 Before entering into office, such auditors shall 
 take an oath to conscientiously perform the duties 
 of their office. R. S., 2115, am, 
 
 334. As soon as his accounts have been audited 
 under the provisions of the preceding article,, the 
 secretary-treasurer shall prepare a summary of re- 
 ceipts and expenditure, as well as of assets and lia- 
 bilities, which he afterwards submits to the rate- 
 payers of the municipality at a meeting called by 
 him for the purpose, which he must convene in the 
 same manner as for a meeting for the election of 
 commissioners or trustees. R. S., 2114, § 2, in part, 
 am, ^ 
 
 335. On the Sunday preceding the meeting which 
 he shall convene in virtue of the preceding article, 
 the secretary-treasurer shall read or post or read 
 and post the summary of his^ statement of accounts 
 
nmit- 
 or its 
 
 every 
 :o the 
 J first 
 tailed 
 pend- 
 in the 
 n. 
 
 7y the 
 e the 
 y one 
 
 shall 
 luties 
 
 dited 
 the 
 of re- 
 d lia- 
 rate- 
 d by 
 the 
 ion of 
 party 
 
 ^hich 
 tide, 
 read 
 )unts 
 
 \- 
 
 BEORBTARY-TBEASURBRS — Artu. 336 ft 337. 103 
 
 in the manner prescribed by article 277 and follow- 
 ing of this act, or he causes the same to be inserted 
 in a newspaper at least eight days before such meet- 
 ing, in conformity with the provisions of article 281 
 of this act. 
 
 He shall furnish to every rate-payer, requiring 
 the same, a copy of such summary in consideration 
 of the payment of the sum of twenty-five cents or 
 a copy of the statement as approved by the school 
 board, upon payment of ten cents per hundred 
 words for each copy. R. S., 2214, in party §§ 2, 3. 
 
 SECTION VI 
 
 EXAMINATION OP THE ACCOUNTS OP SECRETART-TRBABURBRS 
 
 336. Whenever they deem it necessary, or upon a 
 written application addressed to them by at least 
 five rate-payers, or by the secretary-treasurer him- 
 self, school commissioners and trustees shall order 
 an audit of the accounts of the secretary-treasurer 
 in oflBce or out of office for the year ending on the 
 first of the preceding July, or for any of the five 
 previous years, by one or more auditors appointed 
 by them for that purpose, even when the accounts 
 have already been audited in conformity with the 
 provisions of article 333 of this act. 
 
 The costs of such audit is payable by the secre- 
 tary-treasurer if there is a deficiency in his ac- 
 counts, if not, they are chargeable to the persons 
 who have demanded it, if it did not benefit the 
 school municipality concerned. R. S., 2121, 123, am 
 and new, 
 
 337. In the case of any regular or special audit 
 of the accounts of the secretary-treasurer, the au- 
 ditor or auditors shall, at least five days before the 
 
1 
 
 104 SBOBBTABY-TRBASUBBBS — ArtB 338 to 340. 
 
 date fixed for the audit, give special notice to the 
 secretary-treasurer in conformity with the provi- 
 sions of this act, or a written notice served by a 
 bailiff upon him who makes a return of such ser- 
 vice, requiring such secretary-treasurer to attend, 
 so as to give all the explanations or documents that 
 may be required of him. R. S., 2116, § 1, am, 
 
 338. If the secretary-treasurer refuse or neglect 
 to comply with the order served upon him, under 
 the preceding article, the auditor or auditors shall 
 proceed to the examination and auditing of the ac- 
 counts, and shall make and forward their report to 
 the commissioners or trustees, as the case may be, 
 together with a statement of the amount of their 
 costs, and expenses. The commissioners or trustees 
 shall, at a regular meeting, adopt the said report, 
 in whole or in part, shall certify the amounts, if 
 any, to which the auditors are entitled for expenses, 
 and shall cause a copy of the resolutions, adopted 
 by them respecting the report, to be served upon 
 the secretary-treasurer by a bailiff. R. S., 2116, § 2. 
 
 339. If the auditor's report establish a deficiency 
 in the accounts, the secretary-treasurer shall, with- 
 in fifteen days after service of the copy of such reso- 
 lution, pay the amount which shall have been so 
 found deficient. R. S., 2117, am. 
 
 340. If the secretary-treasurer refuse or neglect 
 to comply with the provisions of the preceding ar- 
 ticle, he may be sued by the school board or by any 
 interested rate-payer before the circuit court of the 
 county or district, and may be condemned to pay 
 the amount which he admits or has been declared 
 to be due, together with all such other sums as the 
 conrt may hold him accountable for, including the 
 GOstB of the prosecution. 
 
8B0BBTABT-TBBA8UBBB8— Art. 341. 
 
 105 
 
 the 
 )rovi- 
 by a 
 
 1 ser- 
 tend, 
 J that 
 
 ^glect 
 
 ander 
 
 shall 
 
 tie ac- 
 
 [>rt to 
 
 ly be, 
 
 thMr 
 
 istees 
 
 epopt, 
 
 its, if 
 
 jnses, 
 
 opted 
 
 upon 
 
 ,§2. 
 
 liency 
 
 Iwith- 
 
 reso- 
 
 )U so 
 
 [gleet 
 jg ar- 
 
 any 
 If the 
 
 pay 
 lared 
 
 the 
 
 the 
 
 Such judgment carries with it coercive imprison- 
 ment if the same has been demanded in the action. 
 M. C, 167. 
 
 3*1* All actions or claims against the secretary- 
 treasurer resulting from his administration are pre- 
 scribed in five years from the day on which such 
 actions or claims originated. M. C, 170. ^^^ 
 
 (1) Held:— Tha.t the secretary-treasurer of a Board of School 
 Commissioners (or Trustees), or his representative, cannot sue 
 the Board for a certain sum, alleging that such is the balance 
 due to him, if his accounts have not previously been rendered. 
 Doraia vs. The School Commiaaionera of Wartoick. C. Q. B., Quebec, 
 1877.— R. L., vol. 9, p. 161. 
 
 (1) Held:—!. That no action to account lies against a secre* 
 tary-treasurer who has already rendered his account and has 
 received a discharge, unless fraud or error be alleged, and that 
 the commissioners are bound by the acts of their predecessors; 
 
 2. That if fraud or error be alleged, the commissioners, or 
 trustees, must proceed by an action in reformation of the ac- 
 count rendered; 
 
 3. That disputes in such matters should be settled by the 
 superintendent, whose decision has the^force of an award of 
 arbitrators. The School Commiaaionera of Chambly va. Hickey. 
 S. C, Montreal, 1857, Judges Day, Smith, and Chabot.— L. C. J., 
 vol. 1, p. 189, and, The School Commiaaionera of St. Michel de Vau- 
 dreuil va. Baatien. S. C, Montreal, 1859, Judge Smith.— Lt. C. J., 
 vol. 4, p. 123, and Ouimet va. Norma/ndin. C. Q. B., Montreal, 
 1884.— L. N., vol. 8, p. 11. 
 
 Held:— Tha.t the superintendent has no jurisdiction in the 
 revision of the accounts of a secretary-treasurer, whose resig- 
 nation has been accepted and a discharge granted him by 
 his employers. 
 
 That the superintendent has no authority in law to set aside 
 a discharge granted to such secretary-treasurer, but such dis- 
 charge must be set aside by a competent tribunal. 
 
 That the action to have the sentence of the superintendent 
 declared executory, must show that he had the power to render 
 such sentence, and that his jurisdiction appears on the face of 
 the proceedings. The School Commiaaionera of Rowton Falla va. 
 Beauchemin. S. C, Bedford, 1883. Judge Buchanan.— L. C. J.. 
 vol. 27, p. 109. 
 
 Held:— Thsit in the case of difiiculties between the school 
 commissioners and their secretary-treasurer, the examination 
 of the accounts of the latter, at a meeting regularly called at 
 which only two school commissioners were present, is equiva- 
 lent to an examination in the presence of the commissioners 
 (In regular meeting assembled) and of the secretary-treasurer 
 duly summoned to be present at the examination. The School 
 Commiaaionera of Bimouahi va. Qrondin, C. Q. B., Quebec, 1884 
 
106 VALUATION OF PBOPBBTT — ^Art8. 342 to 344. 
 
 
 TITLE THIRD 
 Valnation of Property — Soliool Taxes 
 
 CHAPTER FIRST 
 Valuation of Property 
 
 342. The yaluation of property, which has been 
 made by order of the municipal authorities, shall 
 serve as the basis of the assessments -to be imposed 
 by school corporations. R. S., 2128, in part, mod. 
 
 343. In all municipalities where a valuation roll 
 has been made by order of the municipal authori- 
 ties, the secretary-treasurer of the municipal council 
 or any other person who may be the custodian there- 
 of, shall, within fifteen days after demand in writ- 
 ing from the chairman or the secretary-treasurer 
 of any school municipality comprised in whole or in 
 part within the limits of such municipality, furnish 
 a certified copy of the valuation roll or of that part 
 of it which may be indicated, under penalty of a 
 fine of twenty dollars in the case of refusal or neg- 
 lect. (See Form No, 13.) R. S., 2132, § 1. 
 
 344. Whenever the valuation roll of the munici- 
 pal council comprises more territory than the school 
 municipality, a copy of so much thereof as relates 
 to such school municipality shall be sufficient. 
 
 For every copy of the valuation roll or part there- 
 of thus supplied, the depositary thereof shall be 
 entitled to receive the sum of ten cents per hundred 
 words and fifty cents for the certificate. R. S., 2132, 
 2, 3. 
 
 i. 
 
been 
 shall 
 )osed 
 )d, 
 
 1 roll 
 :liori- 
 uncil 
 here- 
 writ- 
 Isuper 
 or in 
 nish 
 part 
 of a 
 neg- 
 
 mici- 
 jhool 
 lates 
 
 here- 
 11 be 
 dred 
 2132, 
 
 VALUATION OF PBOPBBTT — Arts. 349 to 94B. 107 
 
 345. The Becretary-treaBurer of the municipal 
 council is bound to '^'/e notice of the changes that 
 have been made in the valuation roll to the secre- 
 tary-treasurers of the school boards which such 
 changes aflfect, within fifteen days after such 
 changes have been made. New, 
 
 3*®« If no valuation has been made by order of 
 the municipal authorities, or if the valuation roll 
 could not be obtained within the delay prescribed 
 by article 343 of this act, the school board shall at 
 once cause a valuation to be made by three compet- 
 ent persons residing in the municipality. R- S. 
 
 2129, mod. 
 
 J 347. if^ in the case mentioned in the preceding 
 
 article, the school commissioners or trustees do not 
 proceed to the valuation of the property of their 
 municipality, the Superintendent of Public Instruc- 
 tion may appoint three competent persons resident 
 in the municipality to make the valuaticn. R. S., 
 
 2130, am, 
 
 348. When a school municipality has been 
 formed of parts of different municipalities, or when 
 a part of a municipality has been annexed to an- 
 other already in existence, and when the property 
 is valued at a higher rate in one than in the other, 
 the commissioners or trustees of the new school 
 municipality or of the municipality to which a part 
 of another municipality has been annexed, shall 
 cause to be made, by three competent persons re- 
 siding therein, a valuation of the property within 
 its limits. If not, such valuation may be ordered 
 by the Superintendent of Public Instruction, as in 
 the case provided for in the preceding article. R. 
 S., 2131, § 1, mod. 
 
108 VALUATION OF PBOPBBTT — Art«. 349 tO 853. 
 
 ! Ill I 
 
 340. The persons authorized to make the proper- 
 ty valuation, upon which school taxes in any muni- 
 cipality are to be based, have the right to enter at 
 any reasonable time in and upon any property to 
 inspect the said property, and to require from the 
 proprietor or occupant any useful information. K. 
 S., 2133, in part, 
 
 350. All persons who interfere with a valuator 
 in the exercise of his duties, or who refuse to give 
 him the information which he demands, are liable 
 to a fine of four dollars. B. S., 2133, in part- 
 
 351. After the completion of the valuation which 
 they were instructed to make, the valuators shall, 
 after having certified to thfe same before a justice of 
 the peace, deposit the valuation roll in the office of 
 the secretary-treasurer of the school board for 
 which it was made. R. S., 2131, § 2. 
 
 352. The secretary-treasurer of the school beard 
 must then, without delay, give notice,, in the man- 
 ner prescribed by article 277 of this act, that the 
 valuation roll has been deposited in his office, 
 where it will remain during thirty days for examina- 
 tion by those interested. (See Form No. 14). R. S., 
 2131, § 2, am. 
 
 353. The school commissioners or truatees shall, 
 during the thirty days that follow the notice given 
 in virtue of the preceding article, even when there 
 have been no complaints, examine and amend the 
 valuation roll, correct any errors made in entering 
 valuations or the names of per^^ons assessed, in the 
 description of the lands included and in the calcu- 
 lation of the assessments, and strike out or insert 
 the names of persons, and the description of the 
 lands which have been included or omitted by er- 
 ror. M. C, 734. 
 
 *'^' 
 
VALUATION OF PBOPEBTT— Arts. 354 to 359* 
 
 109 
 
 liven 
 lere 
 the 
 'ing 
 the 
 ilcu- 
 Isert 
 the 
 er- 
 
 \ ) 
 
 I 
 
 I 
 
 k» 
 
 35*. Any rate-payer may demand that the valua- 
 tion roll be amended) either by making written ap- 
 plication at the office of the secpetary-treasurer, on 
 or before the day fixed for the examination of the 
 roll by the school board, or by making verbal com- 
 plaint before the school board at the time of the ex- 
 amination. M. C, 735. 
 
 355. The school board shall, before proceeding to 
 the examination of the valuation roll, make known 
 to the rate-payers of the municipality, by publio no- 
 tice, the dav and the hour of the session at which 
 the same is to be commenced- M. C, 736. 
 
 356. The school board, during the examination of 
 the valuation roll, shall take cognizance of the 
 written complaints produced at its office and hear 
 all interested parties present, as well as their wit- 
 nesses. M. 0., 737. 
 
 357. After the expiration of the thirty days men- 
 tioned in article 353 of this act, the commissioners 
 or trustees may amend the valuation roll when they 
 deem it expedient, after having, by public notice to 
 this effect, given eight days in advance, indicated 
 the day and the hour when they will hold the meet- 
 ing during which the amendment will be made. 
 
 The roll is homologated pleno jure if the commis- 
 sionert^ or trustees neglect or refuse to examine it 
 during the thirty days mentioned in article 353 of 
 this act. R. S., 2131, § 3, mod, 
 
 358. Every amendment made to the valuation 
 roll shall be inscribed on the roll itself or annexed 
 to it on a sheet of paper initialed by the secretary- 
 treasurer. M. C, 738. 
 
 359. A declaration, bearing the signature of the 
 chairman and of the secretary-treasurer, attesting 
 
110 VALUATION OF PROPBRTT — Arts. 360 to 363. 
 
 the correctness of the amendments and determining 
 their number, also the date on which they were 
 made, should there be any, shall be inscribed on 
 the roll or be annexed thereto, whereupon the roll 
 is pleno jure homologated. M. C, 738. 
 
 360. The valuation roll shall serve as a basis for 
 the collection roll of the school commissioners or 
 trustees, and it remains in force until such time as 
 the municipal or school authorities have made an- 
 other according to law- R. S., 2131, § 4. 
 
 361. The valuation roll can be amended only by 
 the authority under which it was made. 
 
 But the assessment based on such valuation roll 
 shall be amended only by the school commissioners 
 or trustees, as the case may be. R. S., 2134, mod, 
 
 362. Every valuator for school property shall 
 possess immoveable property in the municipality in 
 which he is called upon to act, representing a net 
 value of four hundred dollars according to the va- 
 luation roll of the municipality, and any one acting 
 in the capacity without this qualification is liable 
 to a fine of ten dollars. R. S., 2135, am. (i> 
 
 (1) Held:— Tha.t the collection roll for school purposes Is not 
 affected by the nullity of the municipal valuation roll. 
 
 That the right which a municipal council has of amendingr a 
 valuation roll, implies that of changing and modifying it, and 
 even of making a new roll. That the duty Imposed upon muni- 
 cipal councils to have a valuation roll made every three years, 
 does not prevent them from making a roll before the expira- 
 tion of this delay. School Commiasionera of Hochelaga vs. Hudon 
 et al. a. C, Montreal, 1877. Judge W. Dorlon.— R. L., vol. 10, 
 p. 113. 
 
 Held:— Thsit a valuation roll made by three valuators of 
 whom only two were legally appointed Is null. Rolfe et al. vs. 
 Corporation of the Toumahip of Stoke. C. Q. B., Montreal, 1880.— 
 L. C. J., vol. 24, p. 213. 
 
 Held:— Thsit the valuation roll of a municipality must be 
 deposited for revision within the limits of the municipality to 
 which It refers, and if it be denosited without the limits of 
 the municipality an action to recover school taxes wll\ be dis- 
 missed aauf a ae pourvoir. School Oommiaaionera of St. Roch de 
 Quehec-Nord va. Rouaaeau. C. C, Quebec, 1863, Judge Tasche- 
 reau.— Li. C. R., vol. 14, p. 93. 
 
 f 
 
SOHOOL TAXES — ArU. 363 to 366. 
 
 Ill 
 
 CHAPTER SECOND 
 
 Boliool Tax«s 
 
 SECTION I 
 
 XlfPOSITION OF SCHOOL TAXBg 
 
 by 
 
 St be 
 Ity to 
 Its of 
 e dls- 
 
 sche- 
 
 I 
 
 3®3» School assessments and monthly fees are 
 imposed by all school corporations, whether school 
 commissioners or trustees, between the first day of 
 July and the first day of September in each year. 
 
 The imposition of these taxes shall not, however, 
 be considered null if made after the delay fixed. R. 
 S., 2136, §§ 1, 2, in part 
 
 364. After the imposition of these taxes, the 
 secretary-treasurer shall, without delay, make a col- 
 lection roll. 
 
 He shall also make a special collection roll when- 
 ever a special assessment has been imposed after 
 the making of the general collection roll, or when- 
 ever he is ordered so to do by the school board. M. 
 C, 954, mod, 
 
 366. If the collection roll is general, it should 
 mention in detail in as many distinct columns all 
 the taxes, as well for assessments as for the month- 
 ly fee. M. C, 955, mod, 
 
 366. The secretary-treasurer, after having com- 
 pleted a general or special collection roll, shall an- 
 nounce by public notice given in conformity with 
 articles 277 and following of this act, that the roll 
 is deposited in his office, where it may be examined 
 by those interested during the thirty days following 
 the date of said notice, and that it will be homo- 
 logated at a meeting of the school board, the date 
 
112 
 
 SCHOOL TAXES— Arts. 367 to 371. 
 
 !l 
 
 being given, which must be within the delay of ten 
 days mentioned in the following article, and that, 
 during the twenty days following the thirty days' 
 delay before mentioned, all rate-payers should pay 
 their taxes at his office without further notice. (See 
 Form No. 15). R. S., 2136 §§ 4, 5, 7, in part, mod. 
 
 367. The commissioners or trustees must, during 
 the delay of thirty days during which the roll re- 
 mains in the office of the secretary -treasurer for ex- 
 amination by the parties interested, even though no 
 complaint has been made, examine and amend the 
 collection roll^ rectify the errors made in transcrib- 
 ing the valuations, the names of persons taxed, the 
 description of lands entered therein, or in the cal- 
 culations of the taxes imposed and homologate such 
 roll. R. S., 2126, § 6, am. 
 
 368. Any rate-payer may demand that the collec- 
 tion roll be amended either by producing a com- 
 plaint in writing before or upon the day fixed for 
 the examination and homologation of the roll, or by 
 stating his complaint orally at the examination. 
 R. S., 2136, § 8, in part. 
 
 369. The school commissioners or trustees must 
 take into consideration all complaints made orally 
 or in writing and hear all interested persons pres- 
 ent. R. S., 2136, § 8, in part. 
 
 370. Any amendment made to the collection roll 
 must be entered upon it or upon a paper annexed 
 thereto with the initials of the secretary-treasurer. 
 R. S., 2136, § 9, in part. 
 
 371. A declaration indicating the amendments 
 must be entered upon or annexed to the collection 
 roll, under the signatures of the chairman and the 
 aecretary-treasurer; after which the said roll comes 
 
 } 
 
 
 11 
 
SOHOOL TAXES — Art. 372. 
 
 11^ 
 
 for 
 
 by 
 
 on. 
 
 er. 
 
 t 
 
 I 
 
 into force and the said taxes are exigible. (See Form 
 No. 15). R. S., 2136, § 9, in part 
 
 ^'^^' School taxes bear interest after thirty days 
 from the date when they become exigible. 
 
 They are prescribed by three years. R. S., 2136, 
 § 9, 2189, in part <i> 
 
 (1) Held:—Tha,t a collection roll is null, If the valuators did not 
 possess the property qualification required by law, if they did 
 not take the required oath, or if they did not sign the roll. 
 Patton V8. The Corporation of St. Andrew of Acton. S. C. St. Hya- 
 cinthe, 1868, Judge Sicotte.— L. C. J., vol. 13, p. 21. 
 
 Held:— ThSit the want of qualification of the valuators does 
 not give ground for an action for damages on behalf of a 
 rate-payer, when an execution, followed by a sale, issues 
 against him for school taxes, based on a valuation roll made by 
 such valuators. Barette V8. The School Commissioners of the Parish 
 of St. Columhan. C. C, Ste. Scholastique, 1875, Judge Johnson.— 
 R. L., vol. 7, p. 185. 
 
 ^eW:— That, though the law prescribes the time during which 
 school taxes should be Imposed, yet they may be validly im- 
 posed after the last date mentioned in art. 349. School Commis- 
 sioners of St. Norbert vs. Crepeau. C. R., Quebec, 1885.— Q. L. R., 
 vol. 11, p. 119. 
 
 //eW;— That the rate-payers of a school municipality may 
 refuse to pay taxes for the support of a neutral or non-sectarian 
 school. School Commissioners of Tevokesbury vs. Corrigan. C. C, 
 Quebec, 1880, Judge Casault.— Q. L. R., vol. 6, p. 24. 
 
 Judgment upon the interpretation of art. 948, Municipal Code, 
 bearing upon art. 2136 R. S. Q. 
 
 Held:— Thsit municipal taxes are not payable day by day, 
 but are indivisable, and are due by the person, who, at the time 
 of the imposition of such tax, is owner and possessor of the 
 immoveable subject to assessment. 
 
 That the fact that a person not proprietor of an Immove- 
 able had been entered on the assessment roll as proprietor of 
 an Immoveable does not make him a rate-payer. Hogan vs. 
 The City of Montreal. C. Q. B., Montreal, 1884.— M. L. R., yol. 
 1, p. 60, and L. N., vol. 7, p. 378. 
 
 jyeW:— That a rate-payer who wishes to complain of the 
 amount imposed upon his property should do so during the 
 thirty days during which the collection roll remains In the 
 hands of the secretary-treasurer. School Commissioners of Acton 
 vs. The Orand Trunk Railway Co. C. C, St. Hyacinthe, 1854, 
 Judge McCord.— M. C. R., p. 94. 
 
 Held:— Thsit when no amendments have been made to a 
 school tax collection roll, by the commissioners, and when no 
 complaints have been made, such roll comes into force, without 
 any other formality, thirty days after notice of its deposit has 
 been given. School Commissioners of St. Norbert vs. Crepeau. C. 
 R., Quebec, 1885.— Q. L. R., vol. 11, p. 119. (This decision, given 
 under sec. 2 of art. 13, 40 Vic, should apply to sec. 9 of art. 
 2136 R. S. Q., because of the modifications produce i by art. VL 
 chap, as, of 51-68 Vic.) f ^ 
 
114 SOHOOL TAXB8 — ^Arts. 373 to 376. 
 
 SECTION II 
 
 COLLECTION OF TAXES 
 
 373. The local council of the city, town, village 
 or rural municipality when it is so required by the 
 school commissioners or trustees of a school muni- 
 cipality situate wholly or partly in its territory, 
 shall collect the taxes of such school municipality 
 at the same time as its own. R. S., 2141, in part, am. 
 
 374. The secretary-treasurer of the municipal 
 council charged, under the preceding article, with 
 the collection of school taxes, shall hand over the 
 entire amount, so soon as he has collected them, 
 to the secretary -treasurer of the school board to 
 which they belong. R. S., 2141, in part, am. 0. M., 
 952. 
 
 S'^s. If the school commissioners or trustees, as 
 the case may be, have not availed themselves of the 
 provisions of article 373 of this act, the secretary- 
 treasurer of the school board, at the expiration of 
 the delay of twenty days prescribed by article 366 
 of this act, shall demand payment of all sums en- 
 teriBd in the collection roll and remaining uncollect- 
 ed from the persons liable for the same by serving 
 or causing to be served upon them a special notice 
 to that effect, accompanied by a detailed statement 
 of the sums due by them. (See Form No. 16). R. S., 
 2137, §§ 1, 2, in part, am. M. 0., 961. 
 
 376. The service prescribed by the preceding ar- 
 ticle is effected, as respects rate-payers residing in 
 the municipality, by leaving a copy of the special 
 notice with the person to whom it is addressed, in 
 person, or with a reasonable person at his domicile 
 or place of business; as respects non-resident rate- 
 payers, by depositing a copy thereof in a sealed and 
 
SCHOOL TAXES— Art. 377. 
 
 116 
 
 nllage 
 by the 
 muni- 
 ritory, 
 ipality 
 rt, am. 
 
 licipal 
 , with 
 Br the 
 them, 
 ird to 
 
 0. M., 
 
 &s, as 
 )f the 
 ?tary- 
 on of 
 e366 
 s en- 
 llect- 
 'ving 
 otice 
 nent 
 
 it. S,, 
 
 ? ar- 
 g in 
 ?cial 
 
 1, in 
 idle 
 •ate- 
 and 
 
 registered envelope, addressed to the person for 
 whom it is intended at the place of his residence or 
 business, or at the nearest post-oflBce. 
 
 But no non-resident rate-payer can plead that he 
 has not received such notice, if he has not a known 
 agent in the municipality, or if he has not left his 
 address in writing at the office of the secretary- 
 treasurer of the school board. R. S., 2137, § 3, in 
 part 
 
 377. The fees to which the secretary-treasurer 
 has a right for such special notice and for the costs 
 of service shall be fixed by resolution by the school 
 board. R. S., 2137, § 3, in part <i) 
 
 (1) ^ —That a personal action for arrears of school taxes 
 can ' . .Icen only against the person who was the proprietor 
 or occupant of an Immoveable at the time when such taxes 
 were Imposed, and that the subsequent purchaser, or holder, 
 cannot be personally sued for the recovery of arrears which 
 had accrued previous to his becoming the proprietor, or tiers 
 detanteur, of such immoveable. 
 
 That the costs of a suit for taxes brought against the pro- 
 prlet »f of an immoveable cannot be recovered from the subse- 
 quent purchaser or holder of such Immoveable by a personal 
 action. 
 
 That such costs are a privileged claim like the tax itself, but 
 that both tax and costs are a privileged claim only on the Im- 
 moveable. The School Commissioners of 8t. Bridgets vs. Murray. 
 C. C, Iberville, 1886, Judge Chagnon.— R. L., vol. 14, p. 187. 
 
 Held:— That a usufructuary is responsible for the taxes. The 
 Corporation of the City of Montreal vs. Oontant. S.C., Montreal, 
 1872, Judge Beaudry.— R. C, vol. 2, p. 482. 
 
 Held:— That the Corporation of the City of Montreal, in ex- 
 acting under threat of execution the tax imposed by a col- 
 lection roll apparently clothed with all legal formalities, but 
 which was subsequently set aside by the courts, was not In 
 "bad faith" within the meaning of art. 1049 of the Civil Code, 
 and therefore was not bound to pay interest on the money from 
 the time of receiving it, but only from the date of the action 
 en repetition. Wilson et al. vs. The City of Montreal. C. Q. B., 
 Montreal, 1880.— L. C. J., vol. 24, p. 222. 
 
 Held:— ThsX a corporation's claim is extinguished as regards 
 the debtor personally, by the sale through an assignee, of the 
 hypothecated property. 
 
 That a corporation is liable in damages for an Illegal seizure 
 of the debtor's effects in these circumstances. 
 
 That in an action for damages against a corporation for an 
 Illegal seizure, the corporation is not entitled to a month's no- 
 
116 SOHOOL TAXES — Arts. 378(iis379' 
 
 SECTION III 
 
 8BIZURB OF MOVEABLBS 
 
 378. Fifteen days following the service of the no- 
 tice prescribed by article 375 of this act, the secre- 
 tary-treasurer may levy the sums due and costs by 
 seizure and sale of the goods and chattels of the 
 persons entered on the roll, which may be found 
 within the limits of the municipality. R. S., 2137, 
 § 4, am, 
 
 379. The seizure and sale which are had in con- 
 formity with the provisions of the preceding article, 
 are made under a warrant signed by the chairman 
 of the school board. (/Sfee Form No. 17). R. S., 2137, 
 § 5, in part, mod. 
 
 tlce of action under art. 22 Code of Civil Proc. Blain vs. The 
 Corporation of Oranby. C. R., Montreal, 1873.— R. L., vol. 5, p. 180. 
 
 HeZd;— That municipal corporations are strictly bound to fol- 
 low the formalities prescribed by law, to have the right of 
 exacting from the rate-payers the payment of their taxes, 
 and, particularly, when they want to seize the defendant's 
 moveables; 
 
 That the public and private notices, which municipal corpo- 
 rations must give, are formalities, which take the place of the 
 ordinary legal procedure, which it is necessary to follow to have 
 the right of seizing the moveables of a debtor. 
 
 That in an action for damages by a rate-payer, against a 
 corporation for illegal seizure of his goods, the corporation must 
 prove that the seizure was legal, and that all the formalities 
 required by law were strictly observed, notwithstanding the 
 fact that such rate-payer in his declaration had simply alleged 
 that the seizure was illegal and malicious, without making any 
 specific accusation of non-observance of formalities. Matthews 
 vs. The dtp of Montreal. C. Q. B., Montreal, 1870.— R. L., vol. 
 1, p. 610. 
 
 Held:— Thsit a writ of prohibition does not legally lie against 
 a corporation, to stay proceedings on a warrant of distress 
 signed by the mayor to compel payment of taxes. Blain 
 V8. The Corporation of Oranby. C. R., Montreal, 1873.— R. L., vol. 
 5, p. 180. 
 
 JSrcid:- That a corporation, which has the right to issue war- 
 rants for the payment of taxes due to it, is an Inferior tribunal 
 to which writs of prohibition will lie when it has exceeded Its 
 jurisdiction. James Armstrong, petitioner for prohibition. S. C, 
 Richelieu, 1869, Judge Loranger.— R. L., vol. 1, p. 48. 
 
 Held:— That a writ of prohibition does not He where no ex- 
 
SOHOOIi TAXB8 — Arts. 380 to 882. 
 
 117 
 
 380. The warrant issued for the seizure and sale 
 is addressed to a bailiff, who shall execute it under 
 his oath of office and according to the same rules 
 as a writ of execution de bonis issued by the Circuit 
 Court. 
 
 The chairman of the school board, in issuing such 
 warrant, does not incur any personal responsibility ; 
 he acts under the responsibility of the school cor- 
 poration in whose interest the distress is made. R. 
 S., 2137, §§ 5, 6, in part, mod. 
 
 381. The day and place of sale of the goods and 
 chattels so seized must be announced by the seizing 
 bailiff by public notice in the ordinary way. 
 
 Such notice must also state the names and qua- 
 lity of the person whose goods and chattels are to 
 be sold. (See Form No. 18). R. S., 2137, § 7. 
 
 382. If, at the time of the seizure op sale, the 
 debtor is absent, or if there is no person to open the 
 doors of the house, cupboards, chests or other 
 closed places, or in the event of refusal to open the 
 
 ex- 
 
 cess of jurisdiction appears on the face of the proceedings. The 
 Mayor et al. of Sorel vs. Armstrong. C. Q. B., Montreal, 1875.— 
 L. C. J., vol. 20, p. 171. 
 
 Held:— Thsit a demand of payment of taxes addressed to a 
 wife separate as to property, and transmitted to her in an en- 
 velope, addressed to her husband, is sufficient; that the Cir- 
 cuit Court has jurisdiction in these cases, no matter what the 
 amount. The Corporation of the Village of Bienville vs. Oillespie et 
 vir. C. C, Quebec, 1880, Judge Casault.— Q. L. R., vol. 6, p. 346. 
 
 fl^cM:— That in the case of seizure of household furniture 
 for school taxes there are no legal exemptions, and that every 
 article of furniture without exception can be sold. lyrolet vs. The 
 School Commissioners of Roxton. C. C, Waterloo, 1867. Judge 
 
 TiTrM;— Where goods belonging to plaintiff, separre de hiens, 
 were seized in the conjugal domicile for taxes due by her hus- 
 band, that the goods were not in possession of the husband 
 within the meaning of the statute, as cohabitation does not de- 
 stroy the separate possession which pertains to the wife separ- 
 ated as to property. Green et vir. vs. The City of Montreal. S. C, 
 Montreal. 1887, Judge Johnson.— L. C. J., vol. 22. p. 128. 
 
 /TfM.-— That an action for damages may be taken against a 
 corporation for an illegal seizure of moveables. Blnin vs. The 
 Corporation of Qranhy. C. R., Montreal, 1873.— K. L., vol. 5, 
 p. 180. 
 
118 
 
 80HOOL TAXB8 — Arts. 383 to 386. 
 
 same, the bailiff may, by an order of the chairman 
 of the school commissioners or trustees, or of any 
 justice of the peace, cause the same to be opened 
 by the usual means in presence of two witnesses, 
 with all necessary force. R. 8., 2138, § 8, M. C, 965. 
 
 SECTION IV 
 
 OPPOSITIONS TO THE SBIZURB AND SALE OF MOVEABLES AND 
 OPPOSITIONS FOR PAYMENT 
 
 383. The party seized upon and any person having 
 a right of property or of pledge in the effects seized 
 may oppose the seizure and sale, the former for any 
 of the reasons enumerated in article 645,, and the 
 latter for any of the reasons enumerated in article 
 646, of the Code of Civil Procedure. 
 
 384. The opposition must be accompanied by an 
 affidavit attesting that the allegations therein con- 
 tained are true, and that it is not made with intent 
 to unjustly retard the sale, but with the view of 
 obtaining justice. It is served upon the bailiff en- 
 trusted with the execution of the distress warrant 
 and is returned to the office of the Circuit Court of 
 the county or district or of the Magistrates' Court 
 within the eight days following the service thereof. 
 R. S., 2138, § 2, mod. 
 
 385. On the service of an opposition, the bailiff 
 must stay his proceedings, and, within the eight 
 days following such service make a return of all his 
 proceedings respecting the distress warrant to the 
 clerk of the court mentioned in the opposition. R. 
 S., 2138, § 5, in part 
 
 886. The opposition is subsequently contested, 
 heard, and decided according to the rules of proce- 
 dure governing opposition to the seizure and sale of 
 
SCHOOL TAXES — ^Arts. 387 to 390. 
 
 119 
 
 airman 
 of any 
 opened 
 nesses, 
 0., 965. 
 
 3 AND 
 
 baying 
 seized 
 or any 
 ad the 
 article 
 
 by an 
 n con- 
 intent 
 ew of 
 iff en- 
 rrant 
 
 rtof 
 IJourt 
 
 reof. 
 
 ailiff 
 iight 
 Ihis 
 the 
 R. 
 
 ited, 
 oce- 
 eof 
 
 moveables before the court before which it is 
 brought. 
 
 387. When the opposition to the seizure and sale 
 is dismissed, the court orders the bailiff entrusted 
 with making the same or any other bailiff to pro- 
 ceed with the distress warrant and, upon the deli- 
 very to him of sr " warrant and '^f a copy of the 
 judgment, the .ail proceeds wua the sale of the 
 goods and chattels seized after having given notice 
 in the usual way. R. S., 2138, § 8. 
 
 388. When no opposition to the distribution of 
 the proceeds of the sale of the moveables is made, 
 the bailiff returns the warrant and his proceedings 
 thereon, and pays over the proceeds of the sale, 
 after deduction of the costs of seizure and sale, to 
 the secretary-treasurer who applies such proceeds 
 towards the payment of the school taxes for which 
 the distress warrant was issued. R. S., 2138, § 9. 
 
 389. If opposition is made to the payment of the 
 proceeds of the sale, the bailiff must pay over the 
 moneys in his hands, after deduction of the costs of 
 seizure and sale, to the secretary-treasurer, who re- 
 ceives the same on deposit, and make a return of 
 all his proceedings respecting the seizure and sale 
 to the court mentioned in the opposition. 
 
 The opposition is afterwards contested, heard 
 and decided according to the rules of procedure 
 governing oppositions to payment before the court 
 before which it is brought. 
 
 The proceeds of the sale are distributed by the 
 court, and they are paid by the secretary -treasurer 
 according to its order. R. S., 2108, §§ 6 and 7. 
 
 3®o» If there be any surplus, it is paid by the 
 secretary-treasurer to the rate-payer whose goods 
 and chattels were seized. 
 
 
120 
 
 SOHOOL TAXBS — ^Arts. 391 to394* 
 
 SECTION V 
 
 BALB OF IMICOVBABLBS FOR TAXBS 
 
 391. The secretary-treasurer must prepare, in the 
 course of the month of November in every year: 
 
 1. A statement of the school assessments and 
 monthly fees remaining due by rate-payers residing 
 in the municipality and by those who are absent. 
 
 2. A statement of the school assessment and 
 monthly fees due by rate-payers residing in the mu- 
 nicipality and by those virho are absent, with res- 
 pect to whom either a warrant of distress or a writ 
 of execution has been returned unsatisfied, and of 
 any costs incurred and unpaid; showing the names 
 and qualities of such rate-payers, and a description 
 of the lands liable for the payment of such taxes, 
 according to the valuation and collection rolls. R. 
 S., 2139, am., 2140, in part 
 
 3®2. Such statement shall be submitted to the 
 school commissioners or trustees, as the case may 
 be, and must be approved of them. R. S., 2139, am., 
 2140, in part 
 
 393. The secretary-treasurer shall, before the 
 twentieth day of December, transmit the statements 
 mentioned in the preceding article to the secretary- 
 treasurer of the county council ; and the latter shall 
 proceed to the sale and adjudication of the lands 
 mentioned therein in the same manner as in the 
 case of a statement of municipal tax arrears trans- 
 mitted by the secretary -treasurer of a local muni- 
 cipality, 
 
 394. The provisions of the Municipal Code res- 
 pecting the redemption of immoveiibles sold for ar- 
 rears of municipal taxes apply to the redemption 
 
80HOOL TAXB8 — Arts. 395 to 397. 
 
 1»1 
 
 of immoveables sold in virtue of this article. B. 8., 
 2140, in part, am, 
 
 396. The secretary-treasurer of the county coun- 
 cil shall pay over the amounts recovered to the 
 secretary-treasurer of the school corporation for 
 which he collected them. R. 8., 2140, in party am, ^i) 
 
 396. Whenever the taxes to be collected are due 
 upon town or city properties, the procedure pre- 
 scribed in the preceding articles may be followed by 
 the clerks or secretary-treasurers of the municipal 
 corporations of the said town or city when it is not 
 otherwise provided by special statute. R. 8., 2140, 
 in part, am, 
 
 SECTION VI 
 
 COLLECTION OF TAXES FROM CORPORATIONS AND COMPANIES 
 
 LEOALLT CONSTITUTED 
 
 397. The school commissioners for any school 
 municipality shall alone have the power of levyini^ 
 assessments on the lands and real estate of corpora- 
 tions and companies legally constituted; but they 
 shall annually pay over to the trustees when there 
 are any, a portion of all the assessments levied and 
 collected by them on such corporations or com- 
 panies, in the same proportion as the Government 
 grant for the same year is divided between them 
 and the said trustees, as provided by article 295 of 
 this act. R. 8., 2143, § 1, mod. 
 
 (1) He W;— That a secretary- treasurer, who had delivered a 
 cheque, received from the Government for school purposes, to 
 the chairman of the school commissioners of his municipality, 
 in order to have it cashed, could not be held responsible for the 
 loss by theft of a part of this money, of which the chairman 
 had been the victim, and that he (the secretary) was not gruilty 
 of negrligence. Ouimet vs. Tervttle. C. Q. B., Quebec^ 1880.— 
 Q. L. R., vol. 7, p. SL. 
 
122 
 
 80HOOL TAXBS — Arts. 398 CO 401. 
 
 398. The portion of assessments levied from cor- 
 poratior^ and companies legally constituted paid 
 over to the trustees shall be set apart by them for 
 the building or the repairing of their school-houeest 
 B. S., 2143, § 2. 
 
 399. When the immoveable property of corpora- 
 tions and companies legally constituted are situate 
 within a territory placed under the administration 
 of two corporations of school commissioners of dif- 
 ferent religious belief established in virtue of ar- 
 ticle 97 of this act, that one of the two corporations, 
 which comprises the greatest number of rate-payers 
 entered on the valuation roll, shall be bound to levy 
 the taxes affecting such property, and to divide the 
 same proportionately to the number of children 
 from five to sixteen years of age residing in each of 
 them. R. S., 2143, § 3, am. 
 
 *00» School commissioners may, by a resolution 
 approved by the Lieutenant-Governor in Council, 
 upon the recommendation of the Superintendent of 
 Public Instruction, commute for the payment annu- 
 ally of a certain determinate sum of money for a 
 number of years not to exceed ten, the school assess- 
 ment on immoveable property occupied by any per- 
 son, partnership or company lawfully constituted 
 for carrying on any manufacturing or industrial 
 undertaking within the limits of their municipality. 
 B. S., 2048, in part. 
 
 *0i. School trustees may, in the same manner as 
 school commissioners, commute their share of such 
 school assessments. But in such case, the school 
 commissioners shall collect from such person, firm 
 or company mentioned in the preceding article, the 
 sum for which the said dissentient school trustees 
 have commuted and account to the latter. B. 8., 
 2048, ill par#. 
 
80H00L TAXB8— Arts. 402 to 406. 
 
 123 
 
 *®*' If the school trustees do not deem it advisa- 
 ble to commute their share of school assessmentB, 
 the school commissioners shall continue to levy and 
 collect from any such person^ firm or company 
 above mentioned, and shall pay annually to the 
 school trustees, the amount of the assessments 
 which the said trustees would have been entitled to 
 receive, in accordance with article 397 of this act, 
 if the commissioners had not commuted their share 
 of the said school assessments. B. S., 2048, in part. 
 
 403. Unless there is an agreement to that effect, 
 the commutation of assessments shall not apply tc 
 the special assessments which may be imposed in 
 virtue of any of the provisions of this act. New. 
 
 404. No religious, charitable or educational insti- 
 tution or corporation shall be assessed, under any 
 provisions of this act, on the property occupied by 
 them for the objects for which they were instituted. 
 R. S., 2144. 
 
 405. All property held by any of the institutions 
 or corporations mentioned in the preceding article 
 for the purpose of deriving any income therefrom, 
 shall be assessed by the school commissioners or 
 trustees of the religious majority or minority to 
 which such corporations or institutions belong, and 
 to the exclusive benefit of such majority or minor- 
 ity, or in conformity with the declarations which 
 they may make to that effect. R. S., 2144„ mod. 
 
 406. When the religious body to which such cor- 
 porations or institutions belong is not apparent, or 
 where no such declaration has been made, then the 
 taxes to which they are liable are collected, in the 
 same manner and have the same destination as 
 those of the properties of other corporations and 
 
124 
 
 BOBOOL TAXBB — Arlt. 407 & 40S. 
 
 companies legally constituted mentioned in article 
 397 of this act. R. 8., 2144 mod. <i> 
 
 SECTION VII 
 ABSBSSlCBNf OF NON-RBdIDBNT RATB-PATBR8 
 
 *©''• Any rate-payer, being a proprietor, who does 
 not reside in a municipality in which a board of 
 trustees is established may declare in writing to the 
 school commissioners and trustees his intention of 
 dividing his assessments between the schools under 
 control of the commissioners and those under con- 
 trol of the trustees. 
 
 In such case, the school commissioners shall col- 
 lect such assessments, and shall pay over to the 
 trustees such part and proportion thereof as such 
 proprietor may direct. R. S., 2145, am, 
 
 SECTION VIII 
 
 spbciaij assbssmbnts for cbrtain purposbb 
 
 408. Whenever a general or special assessment 
 imposed by the school commissioners or trustees in 
 any school municipality, is annulled, such school 
 
 (1) Held:— Th&t a religious educational institution, having 
 neither branch nor school in a municipality, in which it pos- 
 sesses real property, the products of which are consumed at 
 the Mother House, situated in another municipality, holds such 
 property for the purpose of deriving a revenue therefrom, and 
 not for the purposes of education, and that therefore such pro- 
 perty is subject to municipal and school taxes. The Corporation 
 of the Village^ of 8t. Gabriel (Verdun) vs. The Biatera of the Congre- 
 gation of Notre Dome.— Supreme Court, 8th March, 1886. 
 
 HeW;— That the exemption from municipal taxes enjoyed by 
 educational institutions does not extend to taxes imposed for 
 special purposes, as for the construction of a drain. City of 
 Montreal V8. The Seminarp of 8t. Sulpice. C. Q. B., Montreal, 1888. 
 — L. C. J., vol. 32, p. 13, and M. L. R., Q. B., vol. 4, p. 1 (revers- 
 ing Judgment of Judge Torrance in S. C, on reponae en droit, M. 
 L. R., 8. C, vol. 1, p. 450), and final Judgrment, on the merits, 
 Judge Ijoranger (M' L. R-. 8. C, voL 2, p. 266, and It. N., vol. 9, 
 
 p. m>* 
 
 iiSS 
 
80HOOL TAXB8-- Arts. 409 to 411. 
 
 }25 
 
 commissioners or trustees shall forthwith^ in a sum- 
 mary manner, cause an assessment roll to be made, 
 which new assessment shall be imposed and take 
 effect in such municipality for the whole time, past 
 and future, for which the assessment so annulle<I or 
 set aside would have been in force if it had been 
 valid. R. 8., 2142, § 1. 
 
 409. Every assessment annulled shall be de- 
 clared invalid for the future only, and shall not 
 affect any judgments then already rendere^l to en- 
 force such payments. R. S., 2142, § 2, in piirt 
 
 410. In every school municipality, the sriiool 
 commissioners or trustees may levy spec'.^l asses^4- 
 ments with the approval of the Lieutenant -G)vem or 
 in Council, given on the recommendation of the Su- 
 perintendent of Public Instruction, for the payment 
 of debts contracted in good faith, for the constru^t- 
 tion of model or elementary schools, for an amount 
 greater than that authorized by article 255 of this 
 act, and the collection of such special assessment 
 cannot be opposed by any judj^ment annulling a 
 previous assessment, either becau?"e it exceeded the 
 amount permitted by law or be^^iMise of the omis- 
 sion of certain formalities. 
 
 Such special assessment may also include the 
 costs incurred by the school corporations for suits 
 to recover assessments previously levied. R. S., 
 2146a, in part. 
 
 *!!• In case a special assessment is annulled as 
 mentioned in the preceding articles, the rate-payers 
 who have paid their share of such assessment shall 
 not have the right to be reimbursed; but in any sub- 
 sequent assessment imposed for the same purpose, 
 they shall have credit for the sums paid on the as- 
 sessment so annulled. B. S., 2146, 2142, § 2. 
 
126 
 
 SCHOOL TAXES — Arte. 412 to 415. 
 
 SECTION IX 
 
 CERTAIN BXBCUTORY PROCBBDINGS AGAINST INDEBTED 
 
 SCHOOL CORPORATIONS 
 
 412. The Superintendent of Public Instruction 
 may authorize or order special assessments to be 
 levied in any school municipality or district for the 
 payments of the debts incurred by the school com- 
 missioners or trustees within the limits of their 
 powers, or which have been adjudged by a court of 
 justice to be due by such municipality or district. 
 R, S., 2146, in part, am, 
 
 413» Debts which may have been contracted by a 
 municipality, subsequently divided into several 
 municipalities or the limits of which have been sub- 
 sequently altered, are apportioned by the Superin- 
 tendent of Public Instruction among the several 
 municipalities liable for the same. K. S., 2146, in 
 part, am, 
 
 414. Whenever a copy of judgment condemning 
 a school corporation to pay a sum of money has 
 been served at the office of the secretary-treasurer 
 of such corporation,, he must forthwith convene a 
 meeting of the school commissioners or trustees, 
 who must then order the payment of the amount 
 due. 
 
 If the school board has no funds at its disposal, 
 or if those at its disposal are insufficient, it must 
 apply to the Superintendent of Public Instruction 
 for authorization to levy a special assessment to 
 pay the amount of the judgment. R. S., 2147. 
 
 *15. if^ for the reasons specified in the previous 
 article the Superintendent of Public Instruction 
 authorizes the levying of such special assessment, 
 steps shall be taken without delay by the school 
 
SCHOOL TAXES — Arts. 416 to 418. 
 
 127 
 
 board to prepare a special collection roll, in the 
 manner and with the formalities required for com- 
 pleting an ordinary collection roll. R. S., 2148. 
 
 416. The creditor who has a judgment against a 
 school corporation may obtain a writ of execution 
 against such school corporation on production of a 
 copy of the judgment and of one or more aflSdavits 
 establishing to the satisfaction of the court or 
 judge: 
 
 1. That the Superintendent of Public Instruction 
 has not given within the fifteen days that have fol- 
 lowed the demand therefor, the authorization to im- 
 pose the special assessment; 
 
 2. That the special assessment which had been 
 authorized has not been collected; 
 
 3. That the school commissioners or trustees 
 have not proceeded to complete such roll within 
 the fifteen days following the date when the Super- 
 intendent of Public Instruction authorized or or- 
 dered them to impose the special assessment ; 
 
 4. That the school commissioners or trustees re- 
 fuse or neglect to proceed with the special assess- 
 ment, the completion of the roll, or the collection 
 of assessment tax, in whole or in part. R. S., 2140, 
 mod, 
 
 417. The court which has rendered the judgment, 
 or a judge of such court, may, on petition, 
 grant to the Superintendent of Public Instruction, 
 or to the commissioners or trustees, the delay 
 deemed necessary by the court or judge for com- 
 pleting the collection roll, or for levying the sums 
 of money specified therein, or for any other purpose 
 connected with such roll. R. S., 2150. 
 
 418. The writ of execution, issued under article 
 416 of this act, is addressed and delivered to the 
 
I 
 
 128 
 
 80HOOL TAXES — Arts. 419 & 420. 
 
 sheriff of the district in which the school municipal- 
 ity in question is situated, and enjoins him: 
 
 1. To levy from the school corporation, without 
 delay, the amount of the debt with interest and the 
 costs of the judgment and of the execution; 
 
 2. In default of immediate payment by the school 
 corporation, to seize and sell any moveable property 
 of the school corporation, and the real estate, if 
 any, belonging to it upon which the judgment cre- 
 ditor may have a privilege or hypothec, and of 
 which the seizure and sale are ordered by such 
 judgment. R. S., 2151. • 
 
 *l®» In the event of there being no moveable or 
 immoveable property belonging to the school cor 
 poration to be seized and sold, or, in the event of 
 iany such property being insufficient to satisfy the 
 judgment, on the production of the return of the 
 sheriff to the court to that effect, or after the homo- 
 logation of the judgment of distribution establish- 
 ing its insufficiency, an alias writ of execution may 
 be issued against the school corporation in default, 
 addressed to the sheriff and enjoining him: 
 
 1. To levy from the school corporation the whole 
 or the sum remaining due, as the case mav be, of 
 the debt, with interest and costs, including those of 
 the judgment and the subsequent costs incurred, 
 by apportioning the sum required on all the taxable 
 immoveable property in the school municipality 
 liable for the judgment. 
 
 2. To collect the assessment thns imposed and to 
 report to the court as soon as the amount of the 
 debt, interest and costs has been c^llecterl, or from 
 time to time, as the court may order. R. S., 2152. 
 
 420. The sheriff shall, on payment of the usual 
 fees» to the secretary-treasurer or secret a ry-treasur- 
 
SCHOOL TAXES — Arte. 421 to 424. 
 
 129 
 
 licipal- 
 
 atbout 
 ind the 
 
 • school 
 poperty 
 tate, if 
 ent cre- 
 and of 
 )y sut'h 
 
 Bable or 
 Lool cor 
 event of 
 :isfy the 
 ti of the 
 le homo- 
 jttablish- 
 ion may 
 default, 
 
 * 
 
 le whole 
 V be, of 
 those of 
 ncwrred, 
 taxable 
 icipality 
 
 Id and to 
 It of the 
 or from 
 I, 2152. 
 
 le usual 
 -treasur- 
 
 ers of the municipal corporation or corporations in 
 which the school municipality is situated, procure 
 from him or them a copy of the valuation roll in 
 force; and, on the refusal or neglect of such secre- 
 atry -treasurer or secretary -treasurers to furnish 
 such copy, the sheriff is authorized to take posses- 
 sion of the valuation roll or rolls and to make a 
 copy. 
 
 If the sheriff cannot obtain the valuation roll, or 
 if none exist, the sheriff proceeds to make a valua- 
 tion of the taxable property of the school munici- 
 pality himself. R. S., 2153. 
 
 421. The fees and costs of the sheriff in connec- 
 tion with the writ of execution shall be taxed by 
 an order of the court or of a judge thereof; and 
 such fees and costs, with all lawful disbursements, 
 are added to the amount to be levied. R. S., 2154. 
 
 422. The sheriff shall proceed to apportion the? 
 sum to be levied on all the taxable immoveable pro- 
 perty in the school municipality in proportion to its 
 value, according to the valuation roll in force, oi* 
 according to the valuation m.nde by hinisi^f, as th(» 
 case may be, and he shall make a special collection 
 roll in accordance with such apportionment. R. S., 
 2155. 
 
 423. The sheriff, after having given the notic<^ 
 prescribed by article 366 of this act, shall collect the 
 assessment, proceeding in th(^ same way as the 
 secretary-treasurer of a school corporation. 
 
 Such special assessment is payable at the office 
 of the sheriff. R. S., 2156, 2157, 2158, in part. 
 
 424. The proceeds of the sale, arising from any 
 seizure in virtue of a warrant issued by the sheriff, 
 shall be paid to the sheriff himself, and not to the 
 
 5 
 
130 
 
 SCHOOL TAXES — Arts. 425 to 428- 
 
 secretary-treasurer of the school board. R. S., 2159, 
 in part, 
 
 425. Any rate-payer or other person having a 
 right of property in or a privilege over the move- 
 ables and ellects seized, may make an opposition to 
 such seizure or sale or to the payment of the pro- 
 ceeds thereof, for the causes, in the manner and to 
 the ends mentioned in articles 383 and following of 
 this act. R. S., 2160. 
 
 426. The sheriff shall collect the unpaid assess- 
 ments of the resident and non-resident rate-payers, 
 which he had been unable to collect from the sale of 
 their chattels and effects, by the sale and adjudica- 
 tion made by him of their immoveable property for 
 the amounts for which such property is liable, on 
 the first Monday of March in any year, in the man- 
 ner and according to the rules laid down for the 
 sale of immoveable property for arrears of munici- 
 pal assessments, after having given or (*aused to be 
 made or given the publications and notices required 
 to be made or given by the secretary-treasurer of a 
 county council. R. S., 2161. 
 
 427. If any land advertised to be sold by the 
 sheriff is advertised to be sold on the same day by 
 the secretary-treasurer of the county, the latter can- 
 not sell the land, but must forthwith transmit to 
 the sheriff a statement of his claim and costs, which 
 the sheriff shall levy with the special assessment, 
 and shall hand over to the secretary -treasurer. 
 
 The provisions of the Municipal Code respecting 
 the redemption of immoveables sold for arrears of 
 municipal taxes ap])ly to the redemption of immove- 
 ables sold in virtue of th'S article. R. S., 2162, am. 
 
 428. The title for lands sold by the sheriff which 
 have been redeemed shall be granted by him, and, 
 
SCHOOL TAXES — Arts. 429 to 433. 
 
 131 
 
 if the redemption has not taken phice, he shall give 
 the deed of sale. K. S., 21G3, am, 
 
 429. After having levied the whole amount set 
 forth in the alias writ of execution, with costs and 
 interest, the sheriff must transmit to the commis- 
 sioners or trustees, a copy of his special collection 
 roll shewing thereon what amounts have been col- 
 lected from each rate-payer. 
 
 If any surplus remain in the hands of the sheriff, 
 he shall pay it over to the school corporation to 
 which it belongs. K. S., 2164. 
 
 430. All arrears shall belong to the school cor- 
 poration, and may be recovered in the same manner 
 as ordinary contributions. R. S., 2165. 
 
 431. The sheriff may obtain from the court any 
 order calculated to facilitate and ensure the execu- 
 tion of the writ addressed to him. R. S., 21G6. 
 
 432. The sheriff shall be entitled, with respect to 
 the special notices to rate payers, to such fees and 
 disbursements as may be fixed by an order of the 
 court or of a judge thereof, and with respect to the 
 sale and adjudication of lands, to the same fees and 
 disbursements as the secretary-treasurer of the 
 county. R. S., 2167. 
 
 433. When judgment is rendered against a 
 school corporation for a debt due for the building 
 of a school-house for which a portion only of the 
 school municipality is liable, the judgment, the writ 
 of execution and the alias writ of execution shall 
 mention such fact. 
 
 The assessment, in such en so, shall be imposed 
 only upon the immoveable property situated in that 
 part of the school municipalitv which is liable un- 
 der the judgment. R. S., 2168. 
 
V ■ 
 
 132 
 
 SCHOOL TAXES — Arts. 434 & 435. 
 
 434. When the school corporation, against which 
 any judgment has been rendered, ordering the pay- 
 ment of any sum of money, holds any immoveable 
 property, other than school-houses, which is not 
 affected by privilege or hypothec in favor of the 
 judgment creditor, such property may, with the au- 
 thorization of the Superintendent of Public Instruc- 
 tion, be seized and sold in the manner prescribed by 
 the Code of Civil Procedure. 
 
 The moveable property of the school corporation 
 in the possession of a third party and debts due to 
 it may also be attached and sold in the same man- 
 ner. R. S., 2169. 
 
 TITLE FOURTH 
 
 Pnblic School Fnnd — Superior Education Fund and 
 Poor Municipalities Fund 
 
 CHAPTER FIRST 
 
 Public School Fund 
 
 SECTION I 
 
 APPLICATION OP PUBLIC SCHOOL FUND 
 
 435. The grant voted annually by the Legislature 
 for public schools is payable upon the application 
 of the Superintendent of Public Instruction, who 
 shall deposit it in a bank indicated to him by the 
 Lieutenant-Governor in Council. R. S., 2173, in 
 party am. 
 
PUBLIO 80H00L FUND — A rts. 436 to 438. 
 
 133 
 
 .436. The sums destined for public schools are dis- 
 tributed by ihe SupiTinteiident of Public Instiuc 
 tiou among the school municipalities in proportion 
 to their population, according to the preceding cen- 
 sus. K. H., 2882, § 1, 2173, in part 
 
 437. The Superintendent of Public Instruction 
 shall pay semi-annually to the school commissioners 
 and trustees the share belonging to the school cor- 
 porations they represent, l)y cheiiues payable to the 
 order of their respective secretary-treasurers. In 
 this division the share of the school trustees is in 
 the proportion provided by article 295 of this act. 
 R. S., 2173, 2174, in part 
 
 438. To have a right to a share of the Public 
 School Fund a municipality must furnish proof: 
 
 1. That it has been under the management of 
 school commissioners and trustees in the manner di- 
 rected by this act; 
 
 2. That its schools have been in actual operation 
 during the school year; 
 
 3. That each of its schools had been attended at 
 least by fifteen children excepting the case provid- 
 ed for by article 439 of this act, and when epidemic 
 or contagious diseases have raged in the munici- 
 pality; 
 
 4. That a public examination of each school has 
 taken place at the end of the school year; 
 
 5. That a report signed by a majority of the com 
 missioners or trustees, and by the secretary -treasur- 
 er, has been transmitted to the Superintendent of 
 Public Instruction, before the fifteenth day of July 
 in each year; 
 
 6. That the monthly fees have been collected; 
 
 7. That teachers with diplomas have been em- 
 ployed therein, saving the case provided for by ar- 
 ticle 93 of this act; 
 
lU 
 
 PUBLIC SOHOOL FUND — Arts. 439 to 442. 
 
 8. That the teachers have been paid regularly; 
 
 9. Tliat only authorized books have been used; 
 10. That the regulations of the Council of Publi<i 
 
 Instruction or of either committee thert^of, as the 
 case may be, and the instructions of the Superin- 
 tendent of Public Instruction have been observed. 
 R. S., 2175. 
 
 439« If, however, the school commissioners or 
 trustees, as the case may be, of a school munici- 
 pality, have endeavored in good faith to have the 
 law carried out, a share of the school fund may be 
 allowed them. R. S., 2176. 
 
 440. The Superintendent of Public Instruction 
 may refuse the school grant to any municipality in 
 which the school commissioners or trustees, have 
 . not rendered sufficient accounts, accompanied by 
 vouchers, or have refused or neglected to observe 
 any of the provisions of this act. R. S., 2183, 2184, 
 in part. 
 
 SECTION II 
 DISPOSAL OP LOCAL. SCHOOL FUNDS 
 
 4*1 • In every municipality, all sums of money, 
 which have not been specially appropriated by pro- 
 vision of the donors, vendors, or others, form a com- 
 mon fund for all the schools and shall be employed 
 for the payment of teachers, the ma'ntenance of 
 school-houses, the purchase of books and school fur- 
 niture, and other school purposes, without regard 
 to the amount which each district shall have contri- 
 buted to the common fund. R. S., 2180, in party am. 
 
 442. The school commissioners and trustees may 
 direct the payment, out of the fund of their school 
 
SUPERIOR BDUOATION FUND^Artfl. 443 & 444. tSfl 
 
 corporation, of such contingent expenses as are not 
 specially provided for by this act. K. S., 2174,, in 
 part, 
 
 SECTION III 
 DISPOSAL OF LOCAL SCHOOL FUNDS IN CBRTAIN CASEb 
 
 443. Whenever the school funds of a municipal- 
 ity have not been completely disbursed, the surplus 
 shall, at the end of each school year, be deposited 
 in the name of the school corporation, at interest, 
 in a legally constituted bank. R. 8., 2186, in part. 
 
 CHAPTER SECOND 
 
 Superior Ednoation Fund and Poor MunioipalitieB* 
 
 Fund 
 
 444. The Superintendent of Public Instruction 
 shall, upon the recommendation of the Roman Ca- 
 tholic or Protestant Committee of the Council of 
 Public Instruction, as the case may be, f^jiiiuaily 
 apportion to and amongst the universities, colleges, 
 seminaries, academies, high schools, superior 
 schools, model schools and educational institutions 
 other than the ordinary elementary schools, the 
 whole or so much of the grants voted for education 
 as prescribed by the Lieutenant-Governor in Coun- 
 cil, and the proportion approved by him. 
 
 Such grants shall be paid by the Provincial Trea- 
 surer, on the warrant of the Lieutennnt-Governor, 
 to the Superintendent of Publie Instruction, who 
 shall pay the same to the institutions entitled there- 
 to. R. S., 2203, am. 
 
m 
 
 136 STJPBRIOR EDUCATION FUND — Arts. 445 to 447. 
 
 445. The aid granted for the purpose of superior 
 education sliall be divided each year Letweu the 
 Roman Catholic and Protestant institutions in the 
 relative i)roporti()n of the renpective Koman Catho- 
 lic and Trotestant population of the province ac 
 cording to the then last census. 
 
 The aid granted under this distribution is for one 
 year only. 
 
 The Lieutenant-Governor in Council may attach 
 to the grants such conditions as he may deem to be 
 for the advancement of superior education. K. H., 
 2204, am. 
 
 446. The Superintendent of Public Instruction 
 shall refuse a grant to any school or institution 
 which has not produced in support of its demand a 
 report during the month of July, showing: 
 
 1. The composition of the governing body; 
 
 2. The number and names of the directors, prin- 
 cipals, professors, teachers, or lecturers; 
 
 V). The number, the names, the nationality and 
 the religious belief of its pupils, indicating thosf? 
 who are less than sixteen years of age and those 
 who are older; 
 
 4. The course of instruction and the books used; 
 
 5. The annual cost of maintaining the institution, 
 and the sources from which its revenues are de- 
 rived ; 
 
 6. The value of its immoveable property; , 
 
 7. A statement of its liabilities; 
 
 8. The number of pupils taught and boarded gra- 
 tuitously, or taught gratuitously only; 
 
 0. The 1 umber of books, globes and maps, and 
 the value of any museum and philosophical appara- 
 tus belonging to it. R. S., 2208, am, 
 
 447. The Superintendent of Public Instruction 
 
and 
 para- 
 
 SUPEBIOR EDUCATION FUND— Arte. 448 to 450. 137 
 
 maj in addition require all the information that be 
 may think uecessary, and, in such case, the report 
 mentioned in the preceding article must contain the 
 same. New, 
 
 448. To be entitled to a grant, every superior edu- 
 cational institution must have been actually in 
 operation at least one year, and have fultllled all 
 the conditions required by law. K. S., 2207, am. 
 
 449. The sum annually voted by the Legislature 
 in aid of the poor municipalities shall be distribut- 
 ed by the Superintendent of Tubiic Instruction, in 
 proportion to the Komau Catholic and Protestant 
 population of the Province, and in accordance with 
 the division made upon the v( ^commendation of the 
 Committee of the Council of Public Instruction of 
 the religious belief to which such municipalities be- 
 long, which has been approved by the Lieutenant- 
 Governor in Council. R. S., 2179, am, 
 
 450. The sums paid over to the Provincial Trea- 
 surer, arising from licenses for the celebration of 
 marriages by Protestant ministers, shall be by him 
 annually paid over to the Superintendent of Public 
 Instruction to be apportioned, under the authority 
 of the Lieutenant-Governor in Council, upon the re- 
 commendation of the I*rotestant Committee of the 
 Council of Public Instruction, among the Protest- 
 any institutions of superior education or Protestant 
 poor municipalities or both, in addition to and 
 in the rame manner as the other grants to these in- 
 stitutions and municipalities. R. S., 220.5, am. 
 
138 
 
 NORMAL 80H00LS— rArtfl. 4S1 to 454. 
 
 TITLE FIFTH 
 
 Normal Sohools— Fabrique Sohooli^-Oonntj 
 
 Aoadomies 
 
 CHAPTER FIRST 
 
 Normal Schools 
 
 SECTION I 
 
 ESTABLISHMENT OF NORMAL SCHOOLS 
 
 461. The Lieutenant-Governor in Council ma.v 
 adopt all needful measures for the establishment 
 and maintenance of normal schools, for the train- 
 ing of teachers for public schools in the science of 
 education and art of teaching in the Province. 
 
 Model schools may be conducted in connection 
 with these normal schools. R. S., 2209, mod, 
 
 452. The sum necessary for the establishment 
 and maintenance of normal schools is voted by the 
 Legislature. New, 
 
 SECTION II 
 
 # 
 MANAGEMENT OF NORMAL SCHOOLS 
 
 453. Normal schools shall be under the control of 
 the Superintendent of Public Instruction and shall 
 be subject to the regulations concerning them. R. 
 S., 2215, in part, 
 
 454. The principals of the normal school shall, 
 yearly and whenever required to do so by the Su- 
 
NOBMAL 80HOOLB — Arts. 455 to 457. 
 
 139 
 
 ma,v 
 ment 
 train- 
 ee of 
 
 • 
 
 action 
 
 iment 
 y tho 
 
 pol of 
 shall 
 I. R. 
 
 shall, 
 e Su- 
 
 perintendent of Public Instruction, make a report 
 to him concerning their administration, furnishing 
 a detailed statement of their receipts and expenses. 
 R. 8., 2215, in part 
 
 455. The professors, directors and principals of 
 normal schools are appointed or removed by the 
 Lieutenant-Governor in Council, on the recommend- 
 ation of the Roman Catholic or Protestant Commit- 
 tee of the Council of Public Instruction, according 
 as such appointments or removals concern Roman 
 Catholic or Protestant normal schools. R. H., 2216. 
 
 456. Pupils shall be admitted to a normal school 
 upon the order of the Provincial Secretary in ac- 
 cordance with a report of the principal showing 
 that they have fulfilled the conditions required by 
 the regulations for that purpose made by the Com- 
 mittee of the Council of Public Instruction of the 
 religious belief to which such normal school be- 
 longs. New. 
 
 457. The principal of a normal school shall, be- 
 fore admitting any pupil into such school, make 
 him sign, in the presence of two witnesses, a docu- 
 ment, by which he shall bind himself to pay his 
 board therein, or if he be a bursar, to refund the 
 amount of his bursary if he does not fulfil the con- 
 ditions required by the school law and regulations, 
 and to pay, if necessary, the fines which may be im- 
 posed by the Lieutenant-Governor in Council. 
 
 2. Every father, tutor, or friend of a pupil, may 
 become responsible for the payment of all sums 
 exigi4ole under the above mentioned document and 
 the conditions so fixed by the Lieutenant-Governor 
 in Council. 
 
 3. The Attorney-General, upon the recommenda- 
 tion of the principal of a normal school, may sue in 
 
J.I II mm ip.mipBii*n|||| 
 
 ii'i 
 
 140 
 
 FABRIQUE SCHOOLS — Arts. 458 to 460. 
 
 i!i; 
 
 any competent court of justice, for the recovery of 
 all sums due under such obligation. The action 
 shall be brought in the name of the principal of the 
 normal school who shall be designated in such suit 
 by the words ^'the principal of the normal school of 
 
 " (name of the school.) 
 
 4. The principal shall account to the Superin- 
 tendent of Public Instruction for all sum:^ collected 
 in virtue of this article, which applies also to the 
 recovery of any sum due to normal schools under 
 regulations in force. R. S., 2217, mod. 
 
 4:58. The Superintendent of Public Instruction 
 shall grant a diploma of qualification to any pupil 
 of a normal school who has obtained from the prin- 
 cipal thereof a certificate showing that such student 
 has successfully followed a regular course of study 
 therein. K. S., 2218, mod. 
 
 459. By virtue of such diploma and while it re- 
 mains valid, such person shall be eligible to be em- 
 ployed as teacher, according to the grade of the 
 diploma obtained by him, in any academy, model 
 siliool or elementary school under the control of 
 school commissioners or trustees. R. S., 2219. ^^^ 
 
 CHAPTER SECOND 
 Fabrique Schools 
 
 460. The Fobrique of any parish, and the school 
 
 (1) Held:— That the father of a normal school pupil is not 
 liable for the amount of a burse granted to his son, or for the 
 penalty incurred by the latter through his failure to teach dur- 
 ing three years. The Principal of the J acques-C artier Normal School 
 vs. Poisfiant. S. C, Montreal, 1883, Judge Mathieu.— 1^. N., vol. 
 6, p. 132, and the same vs. Pclland. S. C, Montreal, 1883, ^Judge 
 Taschereau.— L. N., vol, 6, p. 133. 
 
 Actions for sums due schoolmasters and teachers, for tuition, 
 and board and lodging furnished by them are prescribed by two 
 years. -Oivi? Code, art. 2261. 
 
COUNTY ACADEMIES — Arts. 461 to 463. 
 
 141 
 
 commissioners or trustees of the school municipali- 
 ty of which it forms part, may, by mutual agieement 
 in due form, unite for one or more years the Fa- 
 hrique schools in operation, with any of the public 
 schools held under this act. R. S., 2222, § 1. 
 
 461. Any Fahrique contributing not less than 
 fifty dollars annually towards the support of any 
 school under the management of school commission- 
 ers or trustees shall thereby give a right to the curS 
 and church-warden in office to be de jure commis- 
 sioners or trustees for the management of that 
 school only, if they were not so before. K. S., 2222, 
 §2. 
 
 462. ;no Fahrique shall unite its schools to those 
 managed by commissioners or trustees of another 
 religious belief except under an express and formal 
 agreement with the school commissioners or trus- 
 tees of such other faith. R. S., 2222, § 3. ^^' 
 
 CHAPTER THIRD 
 Connty Academies 
 
 463. School commissioners or trustees, as the 
 case may be, of any municipality in any county, 
 counties or parts of counties, may combine for the 
 purpose of establishing one or more academies 
 therein, by proceeding in the following manner: 
 
 1. The chairman of the school corporations may 
 l;*> appointed academy delegates to represent these 
 
 (1) Held:— That when a Fahrique contributes annually $50 to- 
 wards the support of a school which Is under the control of 
 school commissioners (or trustees'), the ctirr and churchwarden 
 in office become ipno-facto school commissioners. Charest vs. 
 Veillcux. C. Q. B., Quebec, 1881— Q. L. R., vol. 8, p. 230. 
 
cam 
 
 142 
 
 COUNTY ACADEMIES — Art. 463. 
 
 corporations by virtue of a resolution adopted for 
 that purpose by each. 
 
 The last of the delegates who have been appoint- 
 ed shall convene the first meeting of these dele- 
 gates by giviig a written notice of eight days of the 
 time and place of such meeting. 
 
 2. At the first meeting the delegates shall elect 
 a chairman and a secretary. 
 
 If the majority of the delegates pass a resolution 
 by which they declare that it is necessary to esta- 
 blish one or more academies in the county, counties, 
 or parts of counties, a petition to that effect, found- 
 ed on such resolution, may be forwarded to th(.' 
 Roman Catholic or Protestant Committee, as the 
 case may be, stating the facts of the case. Such 
 petition shall be signed by the chairman and secre- 
 tary of the meeting. 
 
 3. At the next ensuing meeting of the Roman 
 Catholic or Protestant Committee of the Council 
 of Public Instruction, as the case may be, or at a 
 meeting specially called for that purpose, the said 
 petition shall be delivered to the Superintendent of 
 Public Instruction for transmission to the Lieuten- 
 ant-Governor in Council. 
 
 If the Lieutenant Governor in Council approve 
 such petition, he ma^^, by proclamation in the Que- 
 hec Official Gazette, establish such academy or aca 
 demies, and designate them as the "Academy'^ or 
 "Academies of the county of . " or "counties 
 
 of /' if academies of county or counties, oi* 
 
 "County of Academy No. 1," (2 or 3) as the 
 
 case may be, if an academy of parts of counties. 
 
 4. Within the thirty days which follow the pro- 
 clamation establishing an academy, the board of 
 delegates shall again meet, and shall elect three of 
 their members to act as the first trustees of such 
 academy. 
 
* COUNTY ACADEMIES — Avts. 464 to 468, 143 
 
 Such trustees shall remain in office until the first 
 juridical day of the month of August, then ensuing, 
 when tliere shall be a regular annual meeting of the 
 board of delegates. R. S., 2232, §§ 1, 2, 3, 4, in 
 part 
 
 464. ^t the first meeting and at the meeting 
 which takes place yearly on the first juridical day 
 of August, the board of delegates shall, under the 
 provisions of the preceding article, appoint three 
 of their number to act as trustees of the said aca- 
 demy for the ensuing year. They shall also appoint 
 an auditor or auditors to examine the accounts of 
 the academy. R. S., 2232, § 4, in part, 
 
 465. The academy trustees shall present annually 
 to the said board of delegates at such annual meet- 
 ing, a report of the educational work of such acade- 
 my for the past year, with a balance sheet and 
 statement of income and expenditure, duly audited. 
 R. S., 2232, § 4, in part. 
 
 466. The secretary of the boJiid of delegates may 
 be the secretary -treasurer of fi board of academy 
 trustees. R. S., 2232, § 4, in part, 
 
 467. The academy trust- es, the secretary -treasur- 
 er and auditors shall, in the performance of their 
 several duties conform, in all respects, to the provi- 
 sions of the school law which refer to school cor- 
 porations and their offic ers, and also to the rules 
 and regulations of the Roman Catholic or Protest- 
 ant Committee of the Council of Public Instruction 
 as the case may be. R. S., 2232, § 4, in part, 
 
 468. To provide for the building and mainten- 
 ance of any county academy or acadomy of parts of 
 counties, the Roman Catholic or Protestant school 
 commissioners or trrstees, as the case may be, who 
 
144 
 
 COUNTY ACADEMIES — Arts. 469 to 471, 
 
 %■ 
 
 liave contributed to the establishment of such aca- 
 mies, may levy a tax on the taxable immoveable 
 property of the school municipality under their 
 control, sufficient in amount to provide a sum not 
 exceeding three thousand dollars, for the purchase 
 of the site for and the building of an academy, and 
 not less than three hundred dollars per annum to- 
 wards the payment of the teachers and the incident- 
 al expenses of such academy, as may be agreed on 
 by the said board of delegates. R. S., 2233. 
 
 469. The school commissioners and trustees, as 
 the case may be, shall be jointly and severally res 
 ponsible to the said academy trustees for the pay- 
 ment of the sums mentioned, in the preceding ar- 
 ticle, and shall pay over the said sums to the said 
 academy trustees by equal semi-annual payments 
 en the second day of January and the second day 
 of July in each year or the following juridical day. 
 R. S., 2233, am. 
 
 470. The academy trustees shall be entitled to 
 charge monthly fees to the pupils attending the 
 same, varying with the course of study followed, 
 such fees not to exceed one dollar and fifty cents 
 per month, to be paid monthly in advance. 
 
 No pupil being two months in arrear for sucJi 
 fees, shall be permitted to attend such academy. 
 R, S., 2234. 
 
 4'^l« Each academy fulfilling the conditions of 
 the preceding articles of this chapter, and conform- 
 ing to the regulations in respect to academies adopt- 
 ed or which may be, from time to time, adopted by 
 the Roman Catholic or Protestant Committee, shall 
 be entitled to a share of tho legislative grant for 
 superior education in the discretion of the commit- 
 tc^e of its religious faith. R. S., 2235. 
 
PROSECUTIONS — Arte. 472 to 474. 
 
 145 
 
 .. 
 
 TITLE SIXTH 
 Prossoutiona — Penalties and Appeals 
 
 chaptp:r first 
 
 
 Prosecutions 
 
 472. The school commissioners or trustees of any 
 school municipality may institute such suits or pro- 
 secutions as they deem necessary for the recovery 
 of sums due as well as for school assessments and 
 monthly school fees as for the arrears of such taxes. 
 R. S., 2189, in part 
 
 473. All suits or prosecutions instituted under 
 the preceding article, may be brought before the 
 Circuit Court, or before the Magistrate's Court of 
 the district, provided the amount does not exceed 
 the lawful jurisdiction of the said courts. 
 
 In all such suits or prosecutions, judgment may 
 be rendered with costs. R. S., 2190, am, 
 
 474. Every action shall be brought in the name 
 of the school corporation, in virtue of a resolution 
 adopted for that purpose. R. S., 2192, am. W 
 
 (1) Held:— That school taxes cannot be sued for in the Superior 
 Court. The School Commissioners of Billery vs. Qlngras. C. Q B., 
 Quebec, 1880.— Q. L. R., vol. 6, p. 355 and The Corporation of the 
 Township of Acton vs. Felton. C. R., Montreal, 1879. — I*. C. J., 
 vol. 24, p. 113. 
 
 Held:— On a declinatory exception In an action for |780, due 
 for taxes imposed on the immoveables of the defendants, that 
 the Superior Court has no jurisdiction to hear suits for the 
 recovery of school taxes. The School Commissioners of Hochelaga 
 vs. Hugan et al. S. C, Montreal, 1876, Judge Torrance.— L. C. J., 
 vol. 20, p. 298. 
 
 Held:—1. On a writ of certiorari to quash the decision of a 
 court of inferior jurisdiction, in the matter of school taxes, 
 that in spite of the apparent observance of leg"al formalities 
 by the school commisslonerB, courts of inferior jurisdiction have 
 
146 
 
 PENALTIES— Arta. 475 & 476. 
 
 CHAPTER SECOND 
 
 Penaltieft 
 
 475. Every person lawfully called upon to accept 
 any office or perform any functions under this act, 
 who refuses to accept or neglects to perform the 
 same, or who, in any way,, wilfully contravenes the 
 provisioiu^ of this act, or of the regulations, there- 
 under, s* all for each such offence, whether of com- 
 mission 05 omission, incur a penalty of not less than 
 five floUaj s nor more than ten dollars. R. S., 2193. 
 
 476* If 7jiy school commissioner, trustee^ secre- 
 tary -tr^'^-^^rer or other person makes any false cer- 
 tificate 01 "eturn, by means of which he fraudulent- 
 ly obtains, or seeks fraudulently to obtain, money 
 provided for the purposes of education under any ut 
 the provisions of this act, he shall not only restore 
 the money so obtained, but shall also incur a pen- 
 nalty of not less than ten dollars nor more than fifty 
 dollars. 
 
 If the penalty which may be imposed as aforeti^aid 
 be not paid within ten days after judgment, it shall 
 
 a right to inquire into and demand proof that the regulation, 
 by which the tax was imposed wrw adopted in keeping with 
 the provisions of the law. 
 
 2. That if the regulation is Jiot regular, r? Le-payers are not 
 obliged to pay a cax imposed by such regulation. 
 
 3. That an action taken against a rate-payer must specify 
 whether he is sued as proprietor, possessor, or ocr^nant. Daude- 
 lin V8. The School Commissioner 8 of St. Jude. S. C , c Hyacinthe, 
 1876, Judge Sicotte.— R. L,., vol. 7, p. 433. 
 
 Held:— Thsit in any action taken under the pro s g of §irt. 
 125, chap. 15, of the R. S. of L. C. (art. 2193 R. j C^. , it must 
 be alleged that the offence was wilfully committea. Audette dit 
 Lapointe et al. vs. Duhamel. S. C, Sorel, 1869, Judge Loranger,— 
 R. Li., vol. 1, p. 52. 
 
 Held:— Th&t the secretary-treasurer of a board of school 
 commissioners, who makes a false report In order to obtain the 
 government grant, incurs a penalty not exceeding forty dollars 
 nor less than ten dollars. Pacaud vs. Roy. C. Q. B.. Quebec, 
 1866.-L. C. J., vol. 12, p. 66. ^ > ^ 
 
 t 
 
PENALTIES — Art. 477. 
 
 U7 
 
 Lccept 
 is act, 
 oa the 
 es the 
 there- 
 t com- 
 s than 
 , 2193. 
 
 secre- 
 se cer- 
 iulent- 
 money 
 any of 
 [•estore 
 a pen- 
 in fifty 
 
 )re5tmi(l 
 t shall 
 
 ^ulation, 
 ng with 
 
 are not 
 
 specify 
 Daude- 
 ,racinthe, 
 
 g of ?Lrt. 
 it must 
 udette dit 
 ranger.— 
 
 f school 
 )tain the 
 dollars 
 Quebec, 
 
 be levied, with costs, by seizure and sale of the 
 goods and chattels of the defendant. 
 
 In default of sufficient goods and chattels, the 
 defendant may be committed to the common gaol 
 and detained therein one day for each sixty cents 
 of the amount of the fine and costs, or of the balance 
 which may be due. R. S., 2196, mod, 
 
 477. If any school commissioner, trustee, or secre- 
 tary-treasurer, after dismissal, or retirement from 
 office, or any other person whatsoever, retains, 
 keeps, or takes possession of or refuses to deliver 
 up any sum of money, register, book, paper, or 
 other article belonging to a school corporation he 
 shall thereby incur, for each day during which he 
 retains, appropriates or refuses to deliver such sum 
 of money, register, book, paper, or other article 
 whatever, a fine of not less than five dollars nor 
 more than twenty dollars, from the day following 
 that upon which the notice mentioned in the follow- 
 ing paragraph has been served upon him. Such 
 suit shall be instituted by the school corporation 
 interested, which, in the same action, may require 
 the return of the moneys, registers, books, papers, 
 or other articles whatever above mentioned. 
 
 2. Before instituting a suit for the recovery of 
 such fine, notice shall be given by the Superintend- 
 ent of Public Instruction to the person who retains 
 the sums of money or articles above mentioned, 
 ordering iiim to deposit or deliver them within a 
 specified time into the hands of the person indicatf'd 
 ii) such notice. Such notice shall be served by a 
 bailiff of the Superior Court upon the person with- 
 holding the said money or other article, or at his 
 domicile, and the said bailiff shall make his return 
 of such service. 
 
 3. Such fine shall be considered as a personal 
 
 
148 
 
 PENALTIES — Arts. 478*to 481. 
 
 debt, and the person upon whom it is inflicted may 
 b3 condemned to be imprisoned, in default of pay- 
 ment of the fine, or in case of refusal or neglect to 
 return the said sums of money, registers, books, pa- 
 pers, or other articles whatever, or any of them, 
 until he shall have conformed with the judgment. 
 R. S., 2198, 299, 2200, mod. 
 
 478. Every person who voluntarily troubles, dis- 
 turbs or interrupts any school or educational insti- 
 tution by indecent, improper or injurious expre:^- 
 a'ons or conduct, or by making any noise in or ntiir 
 such school or educational institution so as to dis- 
 turb the classes of the school, shall be liable to a 
 penalty not exceeding twenty dollars and costs, or 
 thirty days' imprisonment, or to a fine and imprison- 
 ment at the same time. R. S., 2197, in part, am. 
 
 ^'^^' Except when otherwise provided by some 
 other provision of this act, any suit taken for the re- 
 covery of a fine shall be taken before the Circuit 
 Court, or the district magistrate's court, which may 
 Mfter judgment, cause the penalty and costs to be 
 levied upon a warrant or order for the seizure and 
 sale of the goods and chattels of the offender. R. 
 S., 2194, § 1, am. 
 
 480. Save in the case specified in article 477 of 
 this act, any person intrusted with its exeicution or 
 aualifiod to vote at an election of school commis- 
 sioners or trustees, may prosecute in his own name 
 ^or the recovery of the fines imposed in virtue of 
 any ])rovision of this act. R. S., 2195, am. 
 
 481. The amount of every penalty levied in vir- 
 tue of the preceding articles shall I e paid into the 
 school funds of the corporation of the commission- 
 ers or trustees of the municipality in which the of- 
 fence has been committed. R. S., 2194, § 2, mod. 
 
 j 
 
APPEALS — Arts. 482 to 484. 
 CHAPTER THIRD 
 
 149 
 
 Appeal* 
 
 *8^« An appeal or recourse lies in the Circuit 
 Court of the county or district: 
 
 1. (a) When the school commissioners or trustees 
 have selected a school site; 
 
 (6) Established a new district; 
 
 (c) Altered the limits of a district already exist- 
 ing; 
 
 (d) Levied a special tax in virtue of the provi- 
 sions of article 253 of this act. 
 
 2. When the school commissioners or trustees re- 
 fuse to exercise any of the attributions which th<;y 
 lUay or should exercise in virtue of articles 112, 117, 
 229, 252, 253, 254, or 255. 
 
 483. The appeal or recourse may be taken by any 
 rate-payer of the school municipality: 
 
 (a) During the thirty days following the notice 
 given in virtue of article 203 in the cases in which 
 such motion is required; or 
 
 (6) If the school commissioners or trustees refuse 
 or neglect to perform some of the duties or to exer- 
 cise the attributions mentioned in articles 112, 117, 
 229, 252, 253, 254, or 255 during the thirty days 
 following the expiration of a delay of thirty days 
 ( ounting from the notice given by a rate-payer to 
 the school commissioners or trustees to exercise the 
 same, if within such delay the school commissioners 
 co-trrstecs have not granted the application of the 
 ?'a+e-T)ayer. 
 
 484. The appeal or recourse is brouglit or exer- 
 cised by means of a simple notice of whicli service 
 is intide by a ba'liff upon tlu* sc^cretary -treasurer of 
 the school board in the cause, personally or at the 
 office or domicile of the latter. 
 
150 
 
 APPEALS — Arts. 489 to 4j9X* 
 
 486. A duplicate of such notice, and the cert ill 
 cate of > ae service thereof, shall be returned into tlie 
 office of the court within five days after the servio^\ 
 New, 
 
 486. Within ten days after the service of the no- 
 tice, all the documents concerning the matter nnist 
 be returned into the office of the court within tive 
 days after the service. New, 
 
 ^87. As soon as the ten days mentioned in the 
 preceding article have expired, the case must be 
 placed by the clerk upon » he roll for proof and hear- 
 ing and lay be heard on the fifth jTiridical day. after 
 such inscription or on any othtT day fixed by the 
 judge. If th(- case is not concluded during the term 
 it may be continued to the next term. New. 
 
 
 
 488. The case shall hv heard by privilege. 
 
 . 489. The court r»iay. by its judgment, confirm the 
 resolution appealed i'lom or annul the same, cor- 
 rect any error of proce/lure connected therewith, 
 ^ender such decision as the school commissioners or 
 ^stces should have originally rendered, or order 
 ^ :vn to exercise the attributions respecting which 
 recourse is had. New. 
 
 *80. If the court, by its judgment, condemns the 
 school board to do anything which has been re- 
 quired of it, such board shall incur a penalty not 
 exceeding twenty dollars per day, for each day's 
 delay in the carrying out of that which it is bound 
 to do. New. 
 
 491. The execution of the decision of the school 
 cnmmis ioners or trustees appealed from is suspend- 
 ed until the judgment on the appeal is rendered. 
 Neio. 
 
PBN8IONB OF OFFIOBRS — Arts. 491 to 4^5. 
 
 151 
 
 498. The costs of the appeal or the recourse are 
 in the discretion of the court or judge and shall be 
 taxed against either party. New, 
 
 TITLE 8EVE> TH 
 Pensions of Officers of P nmrj Instrnotion 
 
 ' I 
 
 CHAPTER FIRST 
 
 Pensions of Officers 
 
 493. Every person who has reached the age of 
 fifty-six years, and who has been employed as an 
 officer of primary instruction during a tejm of 
 twenty years or upwards, has a right to an annual 
 pension, based upon the average salary received by 
 him during the years he has passed in teaehinij^, 
 and for which he has paid the stoppages. R. S., 
 2040. am. 
 
 494. The pension, except in the case provided for 
 by article 518, is fixed at one-fiftieth of the average 
 salary, for each year of service up to thirty -five. 
 R. S., 2241, am. 
 
 495. The average salary of officers of primary in- 
 struction shall not, for the purposes of this act, 
 exceed the sum of eleven hundred and fifty dollars, 
 except that any officer of primary instruction who, 
 by reason of his age, the length of his services, and 
 the previous payment of stoppages is entitled, at 
 the time of the coming into force of this act, to a 
 higher pension shall not suffer any diminution in 
 his pension, owing to this article. The amount of 
 
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 23 WEST MAIN STREET 
 
 WEBSTER, N.Y. 14S80 
 
 (716) 872-4503 
 
 

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152 PENSIONS OF OFFIOBBS — ^Art8. 496 to 49a 
 
 his pension which shall exceed the pension that 
 may be allowed under this act shall be paid annual- 
 ly out of the capitalized pension fund. 
 
 496. After twenty years' service, every officer of 
 primary instruction, whatever be his age, may re- 
 ceive a pension when a serious injury, or enfeebled 
 health renders it impossible for him to continue 
 such service, provided such accident or ill-health 
 has not arisen through any conduct forbidden by 
 law or against good morals. 
 
 After ten years and less than twenty years' ser 
 vice, an officer of primary instruction, who is 
 obliged to retire from teaching for any of the rea- 
 sons above mentioned, may be reimbursed the sums 
 which he paid in to the pension fund, without in- 
 terest. But any. officer who, after having been so 
 reimbursed the sums by him paid into the pension 
 fund, again takes up teaching, shall recover his 
 rights to a retiring allowance on returning to the 
 pension fund the sum received by him, within the 
 two years next after his again taking up teaching. 
 R. S., 2243, am. and new. 
 
 ^^'^' In the event of an officer applying for leave 
 to retire owing to enfeebled health or serious ill- 
 ness, such infirmities and the cause thereof shall 
 be established by means of certificates from the 
 physician who has attended such officer, a^d if th*3 
 administrative commission deems it expedient by 
 another physician selected by it and at its own ex- 
 pense, (^ee Form No, 23.) R. S., 2244, am. 
 
 498. The physicians' certificates prescribed by 
 the preceding article, shall be prepared according 
 to form No. 23 of this act, and verified under oath 
 before a justice of the peace or any other person 
 authorized to receive an oath. R. S., 2245, mod. 
 
PBNSIONS OF WIDOWS — Arts. 499 to 504. 
 
 153 
 
 *••• Such pension is stopped from the moment 
 the cause which gave rise to it has ceased to exist. 
 B. S., 2246. 
 
 600. From the age of eighteen, the years that 
 have been passed in teaching shall be included in 
 the years of service, at the time of establishing the 
 amount of the pension. B. S., 2247. 
 
 601. The years, during which oflficers of primary 
 instruction have taught outside of the province, 
 cannot be counted in the number of those which en- 
 title them to a pension. B. S., 2248. 
 
 502. Every officer of primary instruction who 
 wishes to claim his right to a pension shall estab- 
 lish, before the administrative commission of the 
 pension fund of officers of primary instruction, 
 that he has served as such during the five last years 
 preceding his application, and that he has complied 
 with the other provisions of this title. B. S., 2250. 
 
 603. An officer of primary instruction, in order 
 to be pensioned, must produce, in addition to his 
 certificate of birth, and a declaration of his domi- 
 cile, a certificate stating his name, surname and 
 quality, the date when he first acted as such officer, 
 his services and the date and the reasons for his ap- 
 plying for a pension. B. S., 2251, am. 
 
 OHAPTEB SECOND 
 Pension of Widows of Officers 
 
 504. The widow of an officer of primary instruc- 
 tion, dying between the 24th of July, 1880, and the 
 1st July, 1886, after having paid his stoppages un- 
 
154 
 
 PENSIONS OP WIDOWS — Arte. 505 to 509. 
 
 der the act 43-44 Victoria, chapter 22, shall, so louj; 
 as she remains a widow, have a right to one-half of 
 the pension to which her husband was entitled. R. 
 S., 2252, in part 
 
 505. Such half-pension is allowed to the widow 
 of an officer of primary instruction, dying after the 
 1st of July, 1886, only when the latter has paid into 
 the pension fund, in addition to the stoppages pay 
 able by him, and at the same time, a sum equal to 
 one-half of such stoppages; nevertheless, this latter 
 stoppage is only exacted for the years during whicJi 
 the officer married. R. S., 2252, in part. 
 
 506. For the years previous to the 24th of July, 
 1880, the stoppage in question shall be paid as fol- 
 lows: 
 
 Two-fifths shall be paid before the first of Janu- 
 ary, 1887. 
 
 One-fifth of the total amount shall be deducted 
 from the annual pension of the officer of primary 
 instruction himself, or, — if he died without having 
 obtained a pension, — ^from the said widow's pension 
 during each of the first three years. 
 
 These sums also form part of the capital. R. S., 
 2253. 
 
 507. In order that a widow may be eligible for a 
 pension, the marriage must '» e been contracted 
 six years before the husband uad ceased to act as 
 an officer of primary instruction. R. S., 2254. 
 
 508. The widow is not allowed to pay the stop- 
 pages which her husband neglected to pay into the 
 pension fund. R. S., 2255. ^ 
 
 509. The widow of an officer of primary instruc- 
 tion claiming the pension is bound to furnish, in 
 
8TOPPAOBS— Arts. 510 to 512. 
 
 155 
 
 addition to the vouchers which her husband would 
 have been obliged to produce: >. 
 
 1. Her certificate of birth; 
 
 2. The burial certificate of her husband; 
 
 3. Her marriage certificate. (See Form 24.) R. S., 
 2256. 
 
 CHAPTER THIRD 
 Stoppages 
 
 510. Any officer of primary instruction who^ be- 
 fore the first of January, 1887, has paid into the 
 pension fund the stoppages required by this title, 
 for the years of service immediately preceding the 
 24th of July, 1880, may count the said preceding 
 years of service to establish his right to a pension. 
 R. 8., 2257. 
 
 511. The stoppages upon the salaries of officers 
 of primary instruction for the years previous to the 
 24th of July, 1880, were five per cent per annum 
 without interest. 
 
 Two-fifths of the total amount of the stoppages 
 for the said years previous to the 24th of July, 1880, 
 should have been paid before the first of January, 
 1887; and one-fifth of the total amount of the said 
 stoppages shall be deducted from the annual pen- 
 sion of the officer for each of the first three years 
 after he retires. 
 
 The sums so stopped do not form part of the year- 
 ly revenue of the pension fund, but shall be placed 
 in the capital fund. R. S., 2258. 
 
 512. The officers of primary instruction, who, be- 
 tween the 24th of July, 1880, and the 1st of July, 
 1886, paid the stoppages required by the act 43-44 
 
 • -, 
 
156 
 
 STOPPAOBS — Arts. 513 to 515. 
 
 I ' ■ 
 
 Victoria, chapter 22, for their years of service pre- 
 vious to the 24th July, 1880, have a right to interest, 
 at the rate of five per cent., upon the sums so paid 
 in, up to the first of July, 1886, such interest to 
 be deducted from the stoppages to be hereafter 
 paid by them, out of their salary or pension, as the 
 case may be. K. S., 2259. 
 
 513. The pension fund of oflScers of primary in- 
 struction is n^ade up of : 
 
 1. A reduction or stoppage from the salary of 
 each officer at the minimum rate of two per cent., 
 and a maximum rate of four per cent., per annum, 
 as well as from that of. every officer and every lay- 
 man teaching without a diploma in schools of com- 
 missioners or trustees or in those subsidized by 
 them or by the Government; 
 
 2. A reduction of four per cent., annually, from 
 the Public School Fund, as well as from that por- 
 tion of the Superior Education Fund, appropriated 
 to the support of institutions managed or directed 
 by officers of primary instruction; 
 
 3. An annual grant not exceeding five thousand 
 dollars from the Government of the Province. 11. 
 S., 2260, am, 
 
 514. The total amount of these various stoppages 
 and grants, made from the 24th of July, 1880, to the 
 1st of July, 1886, shall be deposited with the Pro- 
 vincial Treasurer, and be by him converted into 
 Provincial or Dominion bonds at the current price 
 of such bonds, and capitalized for the benefit of 
 the pension fund for officers of primary instruction. 
 R. S., 2261. 
 
 515. The fund arising from the stoppages shall 
 not form part every year of the Consolidated Reve- 
 nue Fund of the Province, notwithstanding any 
 
STOrPAGBS — Art€>. 516 to 520. 
 
 157 
 
 lirovision to the contrary in the act respecting th«^ 
 Treasury Department; but it shall be held in trust 
 by the Provincial Treasurer for the purposes of this 
 act. R. S., 2262. 
 
 51 6. If the interest on the said capitalized fund 
 and the total of the different stoppages and grants 
 do not suffice to pay the pensions applied for, the 
 stoppages from the salaries of the officers of prim- 
 ary instruction, and from those of any other lay- 
 man teaching in schools under control or subsidized 
 may be increased to the amount of four per cent., 
 the maximum rate of the stoppages. R. S., 226^5, 
 am.' 
 
 517. Every excess of receipts over expenditure in 
 the pension fund shall be first employed in paying 
 the deficits of previous years> if any, and the bal- 
 ance shall be placed with the Provincial Treasur(*r 
 in trust for the purposes of this act. R. S., 2264. 
 
 518* If the stoppages and grants be not sufficient 
 to pay the pensions as above established, the ad- 
 ministrative commission shall reduce the pensions 
 and proportion them to the amount at its disposal. 
 R. S., 2265. 
 
 519. The portion of the pension fund established 
 by the act passed on the 22nd December, 1856, 
 (19-20 Victoria, chapter 14, section 7), which shall, 
 from time to time be relieved, according to the pro- 
 visions of the said act, by the death of pensioned of- 
 ficers, shall be paid into the pension fund estab- 
 lished by this act, so that the whole shall be so 
 paid in when the last of such officers, dies. R. S., 
 2266. 
 
 520. The Superintendent of Public Instruction 
 shall retain half-yearly, out of the grant payable to 
 
158 
 
 PAYMBNT OF PBNSI0N8 — Arts. 521 to 523^ 
 
 each municipality, the sums necessary to pay the 
 stoppages out of the salary of every person who 
 should pay the same under this act; and the school 
 authorities are authorized to deduct, from the sala- 
 ries of such officers, when paying the said sal- 
 ries, each year, and not afterwards, the amount re- 
 tained by the Superintendent of Public Instruction. 
 For the same purposes also, a semi-annual deduc- 
 tion shall be made from the salaries of all other 
 officers of primary instruction paid directly by the 
 Department of Public Instruction. R. S., 2267, mod. 
 
 CHAPTER FOURTH 
 Payment of Pensions 
 
 621. The pension in the case of an officer of 
 primary instruction shall run from the day on 
 which his salary ceases to be paid, and in that of a 
 widow, when entitled thereto under articles 504 
 and following of this act, from the day following 
 the decease of her husband. R. S., 2268. 
 
 522. All pensions shall be paid half-yearly; but if 
 an officer should die, without leaving a widow en- 
 titled to receive a pension, his lawful heirs shall be 
 entitled to receive his pension for the current six 
 months. R. S., 2269. 
 
 523. Every officer of primary instruction, who 
 has resigned his office, or whose diploma or commis- 
 sion has been cancelled for any causes provided by 
 law, shall forfeit his right to a pension and also his 
 stoppages; but, if his diploma is restored, or he is 
 reinstated, his former service shall count. R. S., 
 2270. 
 
VALUATION OF SALARIB8 — Arts. 924 to 528. 
 
 159 
 
 624. Pensions, if they have not been claimed, 
 shall be struck from the books of the pension fund 
 after three years, and their replacement thereon 
 shall not entitle to arrears prior to the claim. 
 
 The same forfeiture shall apply to the heirs of 
 pensioners, who do not establish their rights with- 
 in three years from the death of the person whom 
 they represent. R. S., 2271. 
 
 525. An oflflcer of primary instruction who, after 
 resigning his office opens a private school or tem- 
 porarily accepts a position therein, with the authori- 
 zation of the Superintendent of Public Instruction, 
 to whom he must* apply therefor, shall not forfeit 
 his right to a pension, provided he regularly pays 
 the stoppages on his salary. (See Form No. 25.) R. 
 S., 2272, am. 
 
 526. A.11 claims for pensions must be made before 
 the first of November of each year; pensions 
 claimed after that date will only be paid, the follow- 
 ing year. (See Form No. 22.) R. S., 2274. 
 
 CHAPTER FIFTH 
 
 Valnation of Salaries 
 
 527. The salary of officers of primary instruction, 
 employed in private schools, subsidized by the Gov- 
 ernment or by school municipalities, shall be valued 
 by the school inspector of the division to which 
 such officers belong, to the satisfaction of the Su- 
 perintendent of Public Instruction, who may order 
 an enquiry for such purpose, in accordance with the 
 law^ respecting education. R. S., 2275. 
 
 528. In no case shall the value of the annual sa- 
 
m 
 
 VALUATION OF 8ALABIBS — Arts 529 & 530. 
 
 lity, including benefits, in private Bcbools subsi- 
 diised by the Government, exceed the following 
 amountB, to wit: 
 
 For male teachers of elementary schools: — In 
 towns, four Hundred dollars, — in country munici- 
 palities, two hundred and fifty dollars; 
 
 For female teachers of elementary schools: — in 
 towns, two hundred dollars, — in country municipal- 
 ities, one hundred and twenty-five dollars; 
 
 For male teachers of model schools: — in towns, 
 five hundred dollars, — in country municipalities, 
 three hundred dollars; 
 
 For female teachers of model schools: — iuitowns, 
 two hundred and fifty dollars, — in country munici 
 palities, one hundred and fifty dollars; 
 
 For male teachers of academies: — in towiiH, six 
 hundred dollars, — 'n country municipalities, four 
 hundred dollars; 
 
 For female teachers of academies: — in towns, 
 three hundred dollars, — in country municipalities, 
 two hundred dollars. R. S., 2276. 
 
 529. Officers of primary instruction may, in ad 
 dition to the specific salary agrted upon between 
 them and the school commissioners or trustees, in- 
 clude, as forming part of their salary, all the bene- 
 fits derived from their position, such as lodging, 
 light and fuel. 
 
 If, however, such officers give private lessons or 
 exercise at the same time any profession, trade or 
 business whatsoever, the benefits they derive there- 
 from shall not be included in such valuation. R. S., 
 2277. 
 
 530. The valuation of the benefits so derived by 
 officers of primary instruction shall be made by the 
 school inspector of the district, certified to be cor- 
 
ADMINISTRATIYB COMMISSION — Art0. 531 to 533. 161 
 
 rect, and revised by the administrative commission. 
 R. S., 2278. 
 
 531. It shall be the duty of school boards 
 or administrative bodies employing o£Qcers of 
 primary instruction, to make a yearly report stat- 
 ing the name, office and salary during the previous 
 year of each certificated and non-certificated lay 
 teacher teaching in the schools under their control. 
 R. S., 2279. 
 
 532. In no case shall the valuation of such bene- 
 fits in the schools under control exceed the follow- 
 nig amounts, to wit: 
 
 For an elementary school: — in towns, one hun- 
 dred dollars, — in country municipalities, thirty dol- 
 lar.-^ ; 
 
 For a model school : — in towns, one hundred and 
 fifty dollars, — in country municipalities, fifty dol- 
 lars ; 
 
 For an academy: — in towns, two hundred dol- 
 lars, — in country municipalities, seventy-five dol- 
 lars. R. S., 2280. 
 
 ^, 
 
 CHAPTER SIXTH 
 
 AdministratiTe Commiision 
 
 533. The pension fund for officers of primary in- 
 struction is administered by a commission com- 
 posed of- the Superintendent of Public Instruction 
 as chairman and of four delegates appointed as fol- 
 lows: one by the convention of Roman Catholic 
 teachers in Montreal, one by the convention of Ro- 
 man Catholic teachers in Quebec, and two by the 
 Provincial Association of Protestant teachers. 
 
 Their services are gratuitous, but their travelling 
 expenses are paid out of the pension fund. 
 
 6 
 
162 MIBOBLLANBOUS PROVISIONS — Aria. 534 to S38 
 
 These delegates remain in office until they are re- 
 placed by those who appointed them. 
 
 The commission appoints its secretary, li. B., 
 2281, 2282, in part, am. 
 
 534. 'in case of absence, through illness or for 
 some unavoidable cause, any delegate may have 
 himself replaced by an officer of primary instruc- 
 tion being a member of the convention of Roman 
 Catholic teachers or the provincial association of 
 Protestant teachers, as the ( ase may be, to which 
 he belongs. R. B., 2283, am. 
 
 535. The admin: strati ve commission detei^mines 
 all questions connected with the pension fund and 
 pensioners and its decision is final. R. S., 2282, in 
 part, 
 
 636. The minutes of eiich meeting of the adminis- 
 trative commission of the pension fund of the offi- 
 cers of primary instruction shall be publii^hed in 
 the French and English journals of education in the 
 province. New, 
 
 537. The administrative commission shall be 
 bound to make all regulations which it may deem 
 necessary to put this title into operation and to 
 provide for unforeseen cases. 
 
 Such regulations, when sanctioned by the Lieu- 
 tenant-Governor in Council and published in the 
 Quebec Official Gazette, shall have operation of law 
 for the carrying out of the present title of this act. 
 R. S., 2285. 
 
 . CHAPTER SEVENTH \ 
 Misoellaneons ProTisioni 
 
 538. The accounts of the pension fund are kept 
 by the Department of Public Instruction, certified 
 
TBAOHINO OF DRAWING — Arls. 039 to 543. 1^3 
 
 yearly by the Provincial Auditor, and published in 
 the report of th(» Superintendent of Public InBtru»> 
 tion. R. S., 2286. 
 
 *39. It shall be the duty of the school ins])ector'», 
 whenever they make their official inspection, to 
 visit, at least once a year, the pensioners in their 
 respective districts, and to report to the Huperin- 
 tendent of Public Instruction, every year before the 
 month of November, upon the state of the health of 
 the pensioners and upon their qualifications for re- 
 ceiving a pension under the terms of the law. 
 
 They shall also indicate the date of the death of 
 any pensioners who may have died during tlie year 
 and add any remarks which may assist the work of 
 the administrative commission. R. S., 2284. 
 
 640. Pensions are not assignable and are not lia- 
 ble to seizure. R. S., 2287. 
 
 641. The provisions of this title do not apply to 
 teachers receiving pensions lefore the first of July, 
 1886. R. S., 2288, mod. 
 
 TITLE EIGHTH 
 
 TeaobinK of Drawing, Hygiene and Agrionltnro — 
 Sohool Libraries — Soliool Booka — Sohool Exhibition 
 
 CHAPTER FIRST 
 
 Teaohinis of Drawing, Hygiene and Agrionltnre 
 
 in Schools 
 
 SECTION I 
 
 TEACHING OP DRAWING AND HYGIENE IN SCHOOLS 
 
 542. Drawing shall be taught in all schools. R. 
 S., 1875, in part, am, 
 
 *^*8« Hygiene shall be taught in all schools. 
 
164 
 
 SCHOOL LIBRARIES — ArtP. 544 to 546. 
 
 SECTION II 
 
 TEACHINa OF AQRICULTURE IN SCHOOLS 
 
 544. Agriculture shall be taught in all schools in 
 rural municipalities. New, 
 
 CHAPTER SECOND 
 
 
 School Libraries 
 
 545. The Lieutenant-Governor in Council, may 
 order that a sum, not exceeding two thousand dol- 
 lars, may be appropriated annually, or during a 
 certain number of years, out of the Superior Educa- 
 tion Fund, to assist the establishment of city, town, 
 village, parish or township libraries, in school mu- 
 nicipalities in which suitable contributions have 
 been made by school corporations for that purpose. 
 
 2. Such assistance shall be given in money or in 
 books, upon the conditions deemed expedient by 
 the Lieutenant-Governor in Council. R. S., 2236. 
 
 546. School corporations may, for the establish- 
 ment and maintenance of libraries, appropriate any 
 sum of money whatever, and, with the authoriza- 
 tion of the Superintendent of Public Isntruction, 
 issue debentures to create a fund for that purpose. 
 
 Such libraries shall be under the management, 
 inspection and regulations which the Roman Ca- 
 tholic or Protestant Committee, as the case may be, 
 of the Council of Public Instruction may, with the 
 approval of the Lieutenant-Governor in Council , 
 prescribe; and such regulations shall be published 
 by the Superintendent of Public Instruction in the 
 Quebec Official Gazette, R. S., 2237. 
 
SCHOOL EXHIBITIONS — Arte. 547 lo 549. 165 
 
 CHAPTER THIRD 
 
 « 
 
 Sohool Books 
 
 SECTION I 
 
 ACQUISITION OF BOOKS^ MAPS, ETC. 
 
 547. The Lieutenant-Governor in Council may 
 acquire, for the Province, the copyright of books, 
 maps and other publications whatsoever, approved 
 by either committee of the Council of Public In- 
 struction. R. S., 1912, § 5, am. 
 
 SECTION II 
 GRATUITOUS DISTRIBUTION OP SCHOOL BOOKS 
 
 548. The Lieutenant-Governor in Council may 
 distribute gratuitously to pupils in schools under 
 the conditions which may be imposed, books, or 
 series of books, maps, and other publications what- 
 soever selected, from among those that have been 
 approved by either committee of the Council of 
 Public Instruction in accordance with article 56 of 
 this act. 2\"f T. 
 
 CHAPTER FOURTH 
 
 Soliool Ejcliibitions 
 
 649. The Lieutenant-Governor in Council may 
 on the report of the Superintendent of Public In- 
 struction, or on the recommendation of the Council 
 of Public Instruction or of either of its committees, 
 promulgate regulations for establishing, holding, 
 
166 
 
 LAWS BBPEALBD — ^Arts. 550 to 553. 
 
 directing and maintaining school exhibitions, and 
 may appoint one or more commissioners for that 
 purpose^ whose duty it shall be to obey the instruc- 
 tions given by him. ' 
 
 Such regulatioas slu) 11 be published In the Quebec 
 Official Gazette. It. S., 1877. 
 
 TITLE NINTH 
 
 Laws Repealed, Tr^mporary ProTiiions and Obmins 
 
 Into Foroe 
 
 550. Title fifth of the Revised Statutes respect- 
 ing public instruction and the laws amending the 
 same are repealed. 
 
 551. Such repeal shall in no way affect or inva- 
 lidate any matter preceding or thing commenced, 
 done or completed in virtue of the repealed provi- 
 sions, or any regulation respecting school matters 
 now in force, but they shall be continued or termin- 
 ated in virtue of the provisions of this act, in so far 
 as such provisions allow of the same. 
 
 552. The officers of the present Department of 
 Public Instruction, school inspectors and other em- 
 ployees exercising functions under the school laws, 
 shall continue to perform their duties until it is 
 otherwise ordered by the Lieutenant-Governor in 
 Council, in accordance with this act. 
 
 553. This law shall come into force on the day 
 which the Lieutenant-Governor in Council shall fix 
 by proclamatiott. 
 
Bisr 
 
 Foi^nsdis- 
 
 NO. 1— -OATH OF OFFICE 
 
 Province of Quebec, ") 
 
 School Municipality of ) 
 
 I, A. B., having been duly appointed (arbitrator^ 
 secretary-treasurer) of this municipality, make oath 
 thai I will well and faithfully discharge the duties 
 of my office, according to the best of my judgAient 
 and ability. So help me God. 
 
 Sworn at this day of 
 the month of (insert the date) 
 
 before me 
 the undersigned justice of 
 the peace. 
 
 Signature of the jtistice of the peace. 
 
 Signature 
 of the person 
 taking the oatJt 
 
168 
 
 APPBNDIX. 
 
 No. 2 — SPECIAL NOTICE IN WRITING 
 
 Province of Quebeq, | 
 
 School Municipality of j 
 
 To 
 
 Joseph B 
 
 name and occupation of person to whom notice is given. 
 Sir, 
 
 Special notice is hereby given you by the 
 undersigned, L. M. (name and occupation of person 
 giving notice) that (the object of the special notice) 
 
 Given at this day of the ^ 
 
 month one thousand hundred and 
 
 (Signature of the person giving notice) 
 
 No. 3 — NOTICE FOR ELECTION OP SCHOOL COMMISSION- 
 ERS OR TRUSTEES 
 
 } 
 
 Province of Quebec, 
 School Municipalify of 
 
 Public notice is hereby given that there will be 
 held on Monday, the day of July, one 
 
 thousand hundred and at the hour 
 
 of ten in the morning, at the church door of the 
 said municipality (or at indicate any other place), a 
 meeting of the proprietors of real estate of this 
 municipality, entered as such upon the valuation 
 roll and having paid all their school taxes and other 
 contributions to proceed with the election of a 
 board of school commissioners, {or of one or more 
 school commissioners or trustees, as the case may 
 be). 
 
 Given at this day of 
 
 one thousand hundred and 
 
 (Signature of person or persons giving the notice.) 
 
FORMS. 
 
 169 
 
 No. 4 — REPORT OP ELECTION OF SCHOOL COMMISSION- 
 ERS OR TRUSTEES 
 
 Province of Quebec, ) 
 School Municipality of ) 
 
 To the Superintendent of Public Instruction. 
 Sir, 
 
 On Monday, the day of July , one thou- 
 
 sand hundred and , at a public 
 
 meeting of the electors of this municipality, duly 
 convened and held according to law, at (mention the 
 place), at the hour of ten in the morning, Messrs. 
 (insert the names and surnames written very plainly) 
 were elected as school commissioners (or trustees, 
 as the case may he), for the said municipality. 
 
 Given at this day 
 
 (Signature of the 
 Presiding Officer), 
 
 ! 
 
 No. 5 — NOTICE TO SCHOOL COMMISSIONERS OR 
 
 TRUSTEES ELECTED 
 
 Province of Quebec, 
 School Municipality of 
 
 To Mr. A. B., School Commissioner (or Trustee). 
 Sir, 
 
 I hereby notify you that at a public meeting of 
 the electors of this municipality, duly convened ac- 
 cording to law, and held on the day of • 
 one tbouKand eight hundred and you were 
 elected a school commissioner (or trustee, ad /fto 
 case may he). 
 
 Given at this 
 
 (Bigmture of th§ Pr^Wng Q$c^), 
 
170 
 
 APPENDIX. 
 
 No. 6 — NOTIOB OF DISSIfiNl 
 
 Province of Quebec, | 
 
 School Municipality of ) 
 
 To the Chairman or secretary-treasurer of the 
 school commisHioners of the municipality of 
 county of 
 
 Sir, 
 
 We, the undersigned, proprietors, occupants, ten- 
 ants and rate-payers of the municipality of 
 county of , professing the religion, 
 
 have the honor, under article 123 of the Education 
 Act, to notify you of our intention of withdrawing 
 from the control of the school corporation of which 
 you are the chairman from the first day of July 
 next. 
 
 Given at this day of 
 
 (Signatures of the dissentients). 
 
 No. 7 — NOTICE OP DISSENT SO AS TO WITHDRAW FROM 
 CONTROL OF FUTURE COMMISSIONERS 
 
 Province 
 School 
 
 ince of Quebec, 1 
 
 ol Municipality of ) 
 
 .■/'Jki*. ij.xH W** .' 
 
 To Mr. 
 
 Chairman of the school trustees of the municipal- 
 ity of county of 
 
 Sir, ^ 
 
 We, the undersigned, proprietors, tenants, occu- 
 pants and rate-payers of the municipality of 
 in the county of • professing the 
 
iro&MS. 
 
 171 
 
 religion, have the honor to inform you that, in vir- 
 tue of article 128 of the Education Act, we do not 
 intend to be governed by the school commigsionerB 
 who shall be elected in July next, and that we in- 
 tend to elect three trustees to administer our 
 schools in the month of July next. 
 
 Given at this day of 
 
 (Signatures of those interested). 
 
 No. 8 — NOTICE OP DISSENTIENTS DECLARING 
 THEMSELVES THE MAJORITY 
 
 } 
 
 Province of Quebec, 
 School Municipality of 
 
 To Mr. 
 
 Chairman of the school commissioners of the 
 municipality of , county of 
 
 Sir, 
 
 We, the undersigned, proprietors, tenants, occu- 
 pants and rate-payers of the municipality of 
 in the county of , now under the control of 
 
 the school trustees of the said municipality, have 
 the honor to inform you, in virtue of article 127 of 
 the Education Act, that we have become the major- 
 ity, and that we intend accordingly to organize our- 
 selves and to elect five school commissioners for the 
 administration of our schools, in the month of July 
 next. 
 
 Given at 
 
 this day of 
 
 (Signatures of those interested). 
 
172 
 
 A^^BNDilC. 
 
 No. 9— ^NOTICE CONVENING MEETING OF SCHOOL 
 COMMISSIONERS OR TRUSTEES 
 
 ! 
 
 Province of Quebec, 
 School Municipality of 
 
 To Mp. a. B., 
 
 School Commissioner (or Trustee). 
 Sir, 
 
 I am instructed by the chairman of the school 
 commissioners (or trustees) to inform you that a 
 meeting of the board of school commissioners (or 
 trustees) of this municipality, of which you are a 
 member, will be held at (the place) at the hour of 
 in noon, the day of the 
 
 month of , one thousand hundred 
 
 and 
 Given at this 
 
 (Signature of the Secreta/ry-Treasurer). 
 
 FORM 10— MINUTES OF PROCEEDINGS OF SCHOOL 
 COMMISSIONERS OR TRUSTEES 
 
 Province of Quebec, ) 
 
 School Municipality of ) 
 
 At a meeting of the school commissioners (o»' 
 trustees) of the municipality of , in the 
 
 county of , held at (mention the place) 
 
 in this municipality, on the day of 
 
 the month of , one thousand hundred 
 
 and , at the hour of in the noon, at 
 
 which meeting were present: 
 
 MM, (insert the names of all the members present), 
 all School Commissioners (or Trustees). 
 
 The chairman (<yr acting chairman, in the absence 
 of the chairman) in the chair. 
 
 The secretary-treasurer being also present. 
 
iroftMS. 
 
 173 
 
 M. (his name) moves, that (torite out the motion). 
 Carried unanimously (or an the following division). 
 
 If there be a diviaion, the votes shall be taken by Ike. 
 chairman as follows: — 
 
 Yeas: — Messrs. ) " _ ^ ,^ , 
 
 Nays:— Messrs. \ (^^^^^^ *^^ ^«^'*^*>' 
 
 If the votes be equal, the chairman votes, and then he 
 declares the motion carried or not, as the case may be. 
 
 If there be an amendment, say: 
 
 Mr. ^moves in amendment, that 
 
 (State the amendment) 
 
 For the amendment: — Messrs. ) (Insert 
 A.galnst the amendment: — Messrs. j the names). 
 
 (Signature of the Chairman). 
 (Signature of the Secretary-Treasurer). 
 
 Form 11 — surbty bond op the SBCBETi^.»*Y- 
 
 TBEASUBER 
 
 Province of Quebec, ) » 
 
 School Municipality of j ' 
 
 Whereas I, (name of the secretary-treasurer) y hate 
 been appointed secretary-treasurer of the school 
 commissioners (or trustees) for the municipality of 
 in the county of , and, whereas, 
 
 in conformity with the provisions of the law, we 
 (names of the two sureties and their quality and domi- 
 cile,) have been accepted by (name of the chairman) 
 the chairman of the said school commissioners (or 
 trustees) as sureties of the said (name of the secre- 
 tary-treasurer), for the total amount for which the 
 said (name of the secretary -treasurer) is and shall be, 
 at any time whatever, responsible, for all sums of 
 money which he may have in his hands belonging to 
 the said school commisioners (or trustees), and for 
 the due execution of his duties as secretary-treasur- 
 
174 
 
 APPENDIX. 
 
 Know by these presents that we, the said (names 
 of the secretary-treasurer and of the two sureties) f ac- 
 knowledge ourselves to be jointly and severally 
 bound to pay and to reimburse the school commis- 
 sioners (or trustees) of the municipality of 
 in the county of , all sums of money for 
 
 which the same (name of the secretary-treasurer), by 
 himself or by any person for whom he is responsi- 
 ble, may, in the exercise of his office, become res- 
 ponsible towards the school commissioners (or 
 trustees) -of the said municipality, or towards any 
 other person for them, in principal, interest, costs, 
 penalties or damages, if any. \ 
 
 The condition of this bond is that if the said 
 (name of the secretary treasurer) shall well and faith- 
 fully at all times perform the duties and functions 
 of the office of secretary-treasurer, to which he has 
 been appointed, and accounts for, pays over or re- 
 mits to the school commissioners (or trustees) of the 
 municipality of , in the county 
 
 of , or to any person indicated by them, 
 
 qjl sums of money for which he himself, or any 
 person for whom he is responsible, shall become 
 responsible, during his tenure of office, towards the 
 said school commissioners (or trustees) of the said 
 municipality, in principal, interest, costs, penal- 
 ties, or damages, then this bond shall be null^ other- 
 wise it shall remain in full force and effect. 
 
 Made and passed in triplicate, at the 
 
 day of the month of , one thousand 
 
 hundred and 
 (Signatures of chairman of the school commissioners or 
 
 trustees, of the secretary-treasurer and of the sure- 
 ties), 
 (Signature of the notary or 
 
 of a Justice of the Peace, 
 
 as the case may he). 
 
 1 
 
FORMR. 
 
 175 
 
 No. 12 — NOTICK OF ArrOINTMBNT OF MANAGER 
 
 Province of Quebec, ) 
 
 School Municipality of ) ' 
 
 To Mr. (Name of Manager), 
 
 Sir, 
 
 I hereby jjjive you notice that at a meeting of the 
 school comniisHioners (or trustees) of this munici- 
 pality, held on the day of the month of 
 one thousand hundred and you 
 were named (permanently o/'temporarily or for what 
 time, must he stated) manager to assist them in the 
 administration of the Fchool-houses, the building, 
 repairing, heating and cleaning the same, and also 
 to keep the furniture belonging to the school in or 
 der. 
 
 Given at this day of the month 
 
 of 
 
 (Signature of the Secretary-Treasurer). 
 
 No. 13 — DEMAND FOR COPY OF THE VALUATION ROLL 
 
 Province of Quebec, ) 
 
 School Municipality of ) 
 
 To the Secretary-Treasurer of the Municipal 
 Council of the Municipality of County of 
 
 Sir, 
 
 I hereby require you to forward and deliver to 
 me, within fifteen days from this date, for the use 
 of the school commissioners (or trustees) of the mu- 
 nicipality of (name of the school municipality) situ- 
 
176 
 
 APPENDIX. 
 
 ated (ataie whether wholly or in part) in the limits of 
 the municipality of (name of the rural municipality), 
 a certified copy, according to law, of the valuation 
 roll (or of a part of the valuation roll) of the pro- 
 perty situate within the limits of the municipality. 
 Date 
 
 (Signature of the Secretary-Treasurer). 
 
 No. 14 — NOTICE TO RATE-PAYERS FOR EXAMINATION 
 
 OF VALUATION ROLL ^ 
 
 Province of Quebec, 
 School Municipality of 
 
 1 
 
 PUBLIC NOTICE 
 
 Is hereby given to all proprietors of real estate 
 and resident householders of this municipality, that 
 the valuation roll made by order of the school com- 
 missioners [or trustees) of the municipality is de- 
 posited in my office, where it may be examined by 
 the interested parties, during thirty days from this 
 notice; during which time any rate-payer interested 
 may, in writing, complain of such roll, which shall 
 be taken into consideration and homologated at a 
 meeting of the school commissioners (or trustees) 
 which shall be )ield at a date to be fixed in a fu- 
 ture notice. 
 
 piven at this day of 
 
 (Signature qf the Secretary fTmturer)^ 
 
FORMS. 
 
 177 
 
 No. 15 — NOTICE TO RATR-PAYEk8 FOR EXAMINATION 
 
 OF COLLEOTION BOLL 
 
 l*rovince of Quebec, 1 
 
 School Municipality of ) 
 
 PUBLIC NOTIOia 
 
 Is hereby given to all proprietors of real estate 
 and resident householders of this municipality, 
 that the collection roll as established by the school 
 commissioners (or trustees) of this municipality 
 has been made and completed, and that it now is 
 and will remain in my pos^ssion, for inspection by 
 parties interested, during thirty days from this no- 
 tice, during which time it may be amended; any 
 rate-payer may, during the said delay, complain of 
 such roll, which shall be taken into consideration, 
 and homologated with or without amendment, at 
 the meeting of commissioners (or trustees) to take 
 place on the day of at the place 
 
 where meetings are usually held at the hour of 
 
 in the noon; but, such 
 
 delay expired, it shall come into force, and every 
 person interested after having taken cognizance 
 thereof, if he so desire, shall pay the amount of his 
 taxes to the undersigned, at his office, within Ih** 
 twenty djiys following the said delay of thirty days, 
 without further notice. 
 
 Given at 
 month of 
 
 this 
 
 day of the 
 
 (Sigmtf^n of the S^mtf^Ti'iJ'TretiBurer), 
 
178 
 
 APPENDIX. 
 
 No, 16. — e£CRETART-TRBASURER*S NOTICE FOR THE 
 PAYMENT OP SCHOOL TAXES. 
 
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FORMS. 
 
 179 
 
 No. 17 WARRANT OP DISTRESS FOR ARREARS OP 
 
 SCHOOL TAXES 
 
 * 
 
 Province of Quebec, ' ) 
 
 School Municipality of ) 
 
 The school commissioners {or trustees) for the 
 municipality of , in the county of 
 
 To any bailiff of the Superior Court, acting in and 
 for the district of 
 
 Whereas (name and description of the debtor) has 
 been required by the secretary-treasurer of the 
 school commissioners (or trustees) for the munici- 
 pality of , in the county of , 
 to pay into his hands, for the use of the said school 
 commissioners (or trustees), the sum of 
 being the amount due by him to the said school 
 commissioners (or trustees) as appears by the col- 
 lection roll of the municipality for the year 18 ; 
 and whereas the said (name of the debtor) hath neg- 
 lected and refused to pay to the said secretary- 
 treasurer, within the delay required by law, the 
 said sum of (the amount in words) with the costs of 
 notice and service amounting to (the amount in 
 words); these are therefore, to command you to 
 seize, without delay, the goods and chattels of thtj 
 said (name of the debtor) which may be found within 
 the limits of the said municipality; if, within the 
 space of eight days after such seizure, the above 
 mentioned sums, with the reasonable expenses of 
 the said seizure, be not paid, then you shall sell 
 according to law the said goods and chattels so by 
 you held and you shall pay over the moneys arising 
 from such sale to the secretary-treasurer of the said 
 school commissioners (or trustees), so t^at he may 
 
1 1 ) 
 
 11 
 
 180 
 
 APPBNDIX* 
 
 apply the sum as by law directed, and return the 
 burpius, if any, when demanded, to the said (name 
 of tUv debtor), or to whom it may concern; and, if 
 such seizure cannot be effected, in default of goods 
 liable to seizure, you shall then certify the same to 
 me so that such proceedings may be had as the law 
 may require. 
 
 Given under my hand and the seal of the said cor- 
 poration of school commissioners (or trustees) this 
 
 day of the month of in the 
 
 year of Our Lord one thousand hundred 
 
 and at in the aforesaid 
 
 district. 
 
 4 
 
 (Signature of the Chairman of the School 
 
 Commissioners (or Trustees J, 
 
 -» * 
 
 n I 
 
 IPll; I 
 
 No. 18 — NOTICE OF THE DAY AND PLACE OP SALE OP 
 GOODS AND EPPECTS SEIZED POR SCHOOL TAXES 
 
 PUBLIC NOTICE 
 
 Is hereby given that on (day of the week) the 
 day of the month of instant (or next) 
 
 at the hour of in the , noon at 
 
 (designate the place) the goods and chattels of (name 
 of the person) now under seizure in default of pay- 
 ment of taxes due to the said school commissioners 
 (or trustees) will be sold at public auction at (name 
 the place), \ 
 
 Given under my hand at (place), in the district of 
 
 this day of 
 
 ' (Signature of the Bailiff). 
 
No.19 — FORM OP teacher's engagement 
 
 181 
 
 Province of Quebec, ) 
 
 School Municipality of ) 
 
 On the day of the month of in the 
 
 year 18 , it is mutually agreed and stipulated be- 
 tween the school commissioners (or trustees) of the 
 municipality of in the county of , 
 
 represented by (name of chairman) their chairman, 
 under a resolution of the said commissioners (or 
 trustees) passed on the day of 
 
 18 , and (name of teacher) teacher , holding a diplo- 
 ma for a (insert grade) school, residing at 
 as follows: 
 
 The said teacher makes an engagement with the 
 said school commissioners (or trustees) for the 
 school year from the first of July 
 
 (unless the diploma of the said teacher be with- 
 drawn, or any other legal impediment arise) lo 
 teach the (grade of school) school in district No. 
 according to law, to the rules and regulations es- 
 tablished or to be established by the competent 
 authorities, and amongst others, to exercise an ef- 
 ficient supervision over the pupils attending the 
 school ; to teach the subjects authorized, and to use 
 only authorized text-books; to fill up all blank 
 forms required by the Department of Public In- 
 struction, the inspectors or commissioners (or trus- 
 tees); to keep the required school registers; to pre- 
 serve amongst the archives of the school such copy- 
 books, and other work of the pupils as may be or- 
 dered to be put aside; to keep the school rooms in 
 good order and not allow them to be used for any 
 other than school purposes without permission to 
 that effect; to follow such rules as may be esta!*- 
 lished; in a word^ to fulfil all the duties of a good 
 
182 
 
 APPENDIX. 
 
 teacher; to hold school every day, except during the 
 yacations, and on Sundays and festivals and on the 
 holidays authorized by law and the school regula- 
 tions. 
 
 The commissioners (or trustees) undertake to pay 
 every month to the said (name of teacher) the sum 
 of (state awm in full) for the said school year in cur- 
 rent money and not otherwise. 
 
 In default of any other engagement^ the present 
 agreement shall continue to remain in force be- 
 tween the parties until it be legally set aside. 
 
 And the parties have signed, after hearing the 
 same read. \ 
 
 Made in Duplicate at the 
 
 day of 
 one thousand hundred and 
 
 (Signature) 
 Chairman of the School Commissioners {or Trustees) 
 
 (Signature) 
 
 Teacher. 
 
 No. 20 — NOTICE TO TEACHERS INFORMING THBM THAT 
 THEIR SERVICES ARE NO LONGER REQUIRED 
 
 Province of Quebec, 
 School Municipality of 
 
 To Mr. 
 
 } 
 
 Teacher of school district No. 
 Sir, 
 
 I have the honor to inform you that, by a resolu- 
 tion adopted at their meeting of (insert the date), 
 the school commissioners (or trustees) of this muni- 
 pality have decided that they will not require your 
 services for the next year. 
 
 Date 
 
 (Signature of the Seqretary-Trea^urer). 
 
FORMS. 
 
 183 
 
 No. 21 — ^NOTICE RESPECTING RESOLUTIONS ADOPTED 
 
 IN OERTAIN OASES 
 
 Province of Quebec, 
 School Municipality of 
 
 f 
 
 PUBLIC NOTICE 
 
 Is hereby given that at a meeting of the school 
 commissioners (or trustees) of this municipality held 
 on the day of the month of 
 
 one thousand hundred and ^ 
 
 it was resolved: 
 
 (Enter the resolution adopted) 
 
 Date 
 
 (Signature of the Secretary-Treasurer) . 
 
 
 No. 22 — APPLICATION FOR PENSION 
 
 To the Superintendent of Public Instruction. 
 Sib, 
 
 I have the honor to submit for your consideration 
 the following reasons which constitute my right to 
 the pension enacted in favor of officers of primary 
 instruction : 
 
 I was born at county of on the 
 
 day of the month of (state the date) 
 
 I am a(Boman Catholic or^ Protestant or as the 
 case may he) 
 
 If the officer he married add: 
 
 I am married to (name in full) since the (date of 
 the marriage) 
 
 I reside at in the county of (If the 
 
 officer reside in a city or town, he must give the name of 
 such city or town, the name of the street and the num- 
 ber of his residence). 
 
 Letters for me should be adddressed to the post- 
 office of 
 
184 
 
 APPENDIX. 
 
 I hold a school diploma which I obtained 
 
 from the board of examiners (or normal 
 
 school) of on the 18 
 
 I commenced teaching school in (state the date) 
 and ceased teaching on the day of the month 
 
 of 18 . 
 
 I taught school for years 
 
 Since the first of July (state the date), I taught 
 in the following municipalities: 
 
 At <i> from (2) 18 to (2) 
 
 My reasons for making the present application 
 are the following: 
 
 (Give the reasons). 
 At this day of 18 . 
 
 (Signature of the officer). 
 
 No. 23 — MEDICAL certificate' 
 
 I, the undersigned physician, domiciled 
 
 at county of solemnly declare thtit 
 
 on the day of the month of I ex- 
 
 amined an officer of primary instruction, 
 
 and I found that is affected by 
 
 (state the cause ^ duration and gravity of the disease so 
 as prima facie to establish that the officer is unaUe io 
 
 teach), which renders 
 tated from performing 
 primary instruction. 
 Sworn before me 
 at thigj day of 
 (Signature of the Justice of the Peace) 
 
 J. P. 
 
 completely incapaci- 
 duties as an officer of 
 
 A.D. 18 
 
 e).) 
 
 (Signature 
 
 of the 
 Physician) 
 
 (U N^me Qt tl}9 mt| ilclpj^Utr \^ ^l^lo^ o^3)r t^t(;^t 90l)O9b 
 
FORMS. 
 
 186 
 
 No. 24 — ^APPLICATION FOB PENSION BY WIDOW 
 
 Province of Quebec, ) 
 School Municipality of ) 
 
 To the Superintendent of Public Instruction. 
 
 Sir, 
 
 I, the undersigned (family name of widow) was 
 the wife of the late (name of deceased teacher), in his 
 lifetime an oflScer of primary instruction, who died 
 on the (date of decease), at (parish and county). 
 
 I was born on the (date of birth), and was mar- 
 ried to the said (name of deceased teacher), on the 
 (date of marriage), as shewn by the annexed docu* 
 ments; and, in consequence, I claim the pension .il- 
 lowed to widows of officers of primary instruction 
 in virtue of article 497 of the Education Act. 
 
 Dated at the day of 18 
 
 (Signature of the widow). 
 
 No. 25 — REQUEST FOR AUTHORIZATION TO TEACH ;N 
 
 AN INDEPI VDENT SCHOOL 
 
 } 
 
 Province of Quebec, 
 School municipality of 
 
 To the Superintendent of Public Instruction 
 Sir, 
 
 I have the honor to inform you that I have aban- 
 doned the occupation of a teacher under the control 
 of the school commissioners {or school trustees) of 
 (name of the municipality), for the reason that (give 
 reasons), and I have accepted employment in (name 
 of the institution), under the control of (name of 
 person in charge), with a salary of dollars 
 
 per annum. 
 
186 
 
 APPENDIX. 
 
 Or that I keep a private school in the municipal- 
 ity of , county of , and 
 that my salary has been valued by Mr. (name of the 
 school inspector of the district) , inspector af schools, 
 at the sum of 9 , as appears by the an- 
 nexed certificate, and that in virtue of article 525 
 of the Education Act, I desire to continue my con- 
 tributions to the Pension Fund, if the reasons stat- 
 ed above be approved by you. 
 
 Dated at the day of 18 . 
 
 (Signature of the teacher) 
 
 \ 
 
 . i^*^ . 
 
 ^^^^\ 
 
ALPHABETICAL INDEX 
 
 TO THI 
 
 EDUCATION ACT 
 
 ▲BTICLE8 
 
 Academies 122. 463-471 
 
 A.000unt8 of Secretary -Treasurer 332-336 
 
 Aoonsation attaint teachers and inspectors 67-68 
 
 Administrative CommisBion 633-637 
 
 Agrioultnre, teaching of 644 
 
 Appointments by the Lieut. -Governor 30 
 
 O f members of the Council of Public Instruction 47 
 
 Of Superintendent ; 38 
 
 Of Professors of Normal Schools 466 
 
 Of School Inspectors 76 
 
 Of members of Central Board of Examiners 86 
 
 Of School Commissioners and Trustees.. 174-177-199 
 
 Of Chairman School Board 204 
 
 i owers of School Commissioners and Trustees appointed . . 200 
 
 App?al8 to Circuit Court 482-492 
 
 Arbitration 267-268 
 
 Arrears 372 
 
 Auditors 336341 
 
 Assessment of non-resident rate-payers 407 
 
 Assessments, special 408-411 
 
 Board of Examiners, Central 84 93 
 
 Books for Schools. 
 
 Aquisition of. 647 
 
 Gratuitous distribution of 648 
 
 Libraries 646-646 
 
 Census, annual 274-276 
 
 Chairman of School Boards 202*206 
 
 Of election meeting 16.3172 
 
 Collection of Taxes 373-377 
 
188 INDBX TO THB BDUOATION AOT. 
 
 ABTlCIiSS 
 
 Corporations and Companies. 
 
 Collection of taxes from 397 406 
 
 Executory proceedings against • 412 434 
 
 County Aoademies 463-471 
 
 Contestation of Ellections of Commissioners and Trus- 
 tees 178197 
 
 Council of Public Instruction 46-62 
 
 Committees of 63-63 
 
 Provisions applicable to 64-70 
 
 The two Committees of 64-70 
 
 Central Board of Examiners 8193 
 
 Commissioners and Trustees. ^ 
 
 Qualifications of 145147 
 
 Term of office 176177 
 
 Election of 168174 
 
 Replacement of 198-201 
 
 Abolition of 133-134 
 
 Powers and duties of 216-228 
 
 Duties respecting teachers , 216 228 
 
 Duties respecting taxes • 236-244 
 
 Duties as to schools 215 
 
 Meetings of 202-214 
 
 Duties as to school fees 245-251 
 
 Duties as to school houses and school lots 252-271 
 
 Duties as to census « 274 276 
 
 Corporations, School 141 144 
 
 Default as to Notices 35-36 
 
 Delays after notices for meetings • 35-36 
 
 Department of Public Instruction 37.38 
 
 Debentures (See loans). 
 
 Declarations and Oaths 31 
 
 Dissentients • 123-140 
 
 Trustees of 294-300 
 
 Districts, school 112-122 
 
 Diplomas from Central Board 84-87 
 
 Revocable •• 57 
 
 When not required •••«*• 93 
 
INDEX TO THE EDUCATION ACT. - 189 
 
 ARTICLES 
 
 Drawing, teaching of 642-643 
 
 Bleotion of Oommispioners and Trustees 168-174 
 
 Meeting for election 160*167 
 
 Contestation of elections 178197 
 
 Exemptions fyom School Taxes /. . . • 239 
 
 Expenses 
 
 Of Council 62 
 
 OfRoads 442 
 
 Of Examiners 86 
 
 Exhibitions, school •. 649 
 
 Forms (See also Appendix) 32 
 
 Eabrique Schools 460-462 
 
 Fees 245-248 
 
 Fines : (See Penaltiss.) 
 
 For not reporting election 172 
 
 For neglecting to call meetings 208 
 
 For acting without sureties 316 
 
 For neglecting to give notice for election, etc., 151, 293, 173. 195 
 
 For omission to post notices 2^0 
 
 For refusing inspector access to books 81 
 
 For acting without qualifications 362 
 
 For detaining valuation roll or refusing a copy 343 
 
 For refusing information to valuators 350 
 
 For refusing information for the census 276 
 
 For refusing to fulfil school duties 475 
 
 For retaining documents of School Corporation 477 
 
 For obtaining grants under false pretences •*.... 476 
 
 For disturbing a school 478 
 
 Funds (See School Funds). 
 
 Qirls and Boys, schools for 272-273 
 
 Hygiene 542543 
 
 Holidays 55 
 
 Instalments and Stoppages Be-pensions 510-520 
 
 Inspectors, school 76-83 
 
 Inquiry into conduct of ..•••• 58 
 
 Insurance 229 
 
190 INDBX TO THB EDUCATION ACT. 
 
 ARTICLES 
 
 Libraries forSohools • 645-646 
 
 Local Sohool Fund 441-443 
 
 Loam, sohool boards may make 234 
 
 Marriage License Fees 460 
 
 Meetings to elect Oommissioners and Trustees 160-167 
 
 Meetings of School Boards 202-214 
 
 Monthly Ftos 245-261 
 
 Municipalities, Sohool 91111 
 
 Municipal Council. 
 
 Duties of 343-346 
 
 Notices, public 277-286 
 
 ^* special 286 292 
 
 ** to be given by Commissioners and Trustees 293 
 
 For dissent 124126 
 
 For ceasing to dissent 139-140 
 
 For dismissal of teacher 223 
 
 Normal Schools. 
 
 Establishment of 451-462 
 
 Management of 453-459 
 
 Oaths and Solemn Declarations 31 
 
 Oath by Secretary-Treasurer 303 
 
 Officers of Primary Instruction, Pensions of. 493 503 
 
 Oppositions to Seizures 383.390 
 
 Payment of Pensions 521-526 
 
 Penalties (/Sfee Fines) 475 481 
 
 Pensions of Officers and Widows 493 509 
 
 Prescription 
 
 Of action against secretary-treas 341 
 
 Of arrears of taxes 372 
 
 Public Instruction. 
 
 Councilof 46-62 
 
 Committees of 63 63 
 
 Department of 37-38 
 
 Public School Funds 435-440 
 
 Pros^utions 472-474 
 
 Quorum, required for meetings, 33 34 
 
INDEX TO THB EDUCATION ACT. 
 
 191 
 
 ABTI0LB8 
 
 Qualifloations of Commit-sioner or TruHtee 146-147 
 
 Qualifloations of an elector 148 149 
 
 Quebeo Offioial Qazette, notices in.. 97, 98, 99, 104, 133 135 
 Beligion. 
 
 Religious minority may dissent 139 
 
 Ministers of 74, 93, 146, 171, 216 
 
 Sale of Immoveables for Taxes 391-396 
 
 Staff of Department of Public Instruction 38 
 
 Superintendent of Public Instruction. 
 
 Powers and duties of.. 9<), 104, 177, 199, 216, 230, 240, 347-412 
 
 General powers and duties 39-45 
 
 Presides at Council ..*•• 60 
 
 Furnishes statements of deposits 63 
 
 Calls special meetings 66 
 
 ^ Is a school visitor 71 
 
 Duty when request for change in municipality •• 98 
 
 May order {ipecial tax 111,240-412 
 
 Duty as to vacancies • 199 
 
 May recommend special agreements 216-230 
 
 Limits assessments '. 265 
 
 Appoints valuators when boards do not. • 347 
 
 Authorize sale of real estate 434 
 
 Apportions school funds 444 446 
 
 Controls Normal Schools 463 
 
 Solemn Declaration's and Oaths 31 
 
 School Visitors 71*76 
 
 School Inspectors 76*83 
 
 School Municipalities 95111 
 
 School Districts 112-122 
 
 School Corporations 141-144 
 
 School Commissioners and Trustees 146-147 
 
 School Boards 202-214 
 
 School Taxes 236*244 
 
 Imposition of 363 372 
 
 Collection of. 373-377 
 
 Seizure for , 378-390 
 
 Collection from Companies • 397 406 
 
 s 
 
— ,. 
 
 192 INDBX 1^0 THB BDUOATtON AOT. 
 
 ABTICLES 
 
 School Property 229-235 
 
 School Houses and School Lots 252-271 
 
 School Begulations 55-215 
 
 Secretaries of Committees of Public Instruction. 
 
 Duties of 59 
 
 Secretary* Treasurer. 
 
 Duties of 319-331 
 
 Security to be given by 308 318 
 
 Must take oatli 303 
 
 Accounting by 332-335 
 
 Examination of accounts of 336-341 
 
 Cannot be member of board « . . 307 
 
 Seizure for School Taxes 368 382 
 
 Opposition to 383-390 
 
 SchoolFees 245 2^1 
 
 Not exacted from certain persons 249 
 
 School Districts 112122 
 
 School Funds, Public 435-440 
 
 Local, disposal of 441-442 
 
 «• " «* 443 
 
 Poor municipalities, Superior education 440 550 
 
 School Corporations 141 
 
 Acts of, how made 143 
 
 Abolition of 133-134 
 
 Term of Office of Commissioners and Trustees 178-197 
 
 Trustees (See Commissioneru and Trusttes.) 
 
 Trustees of Dissentient Schools 294-300 
 
 Teachers. 
 
 Duties of Commissioners and Trustees respecting.... 216 228 
 
 Engagements, how made 216-228 
 
 Revocation of diplom&s • 57 
 
 Visitors to Schools ,. 71-75 
 
 Vacancies during term of Office 198 201 
 
 Valuation of Pi operty 342 3(>2 
 
 Valuation of Salaries 527 532 
 
 Valuation Boll, to be given Secretary-Treasurer 343 
 
 Widows, pensions of 604-609 
 
[CliES 
 
 9-235 
 )2-271 
 15-215 
 
 . 59 
 
 19-331 
 08 318 
 ..303 
 32-335 
 136-341 
 . 307 
 {68 382 
 $83-390 
 245 2^1 
 .. 249 
 112-122 
 35-440 
 41-442 
 .. 443 
 
 594-300 
 
 * > 
 
 RULES AND REGULATIONS 
 
 OF THB 
 
 PROTESTANT COMMITTEE 
 
 OF TUB 
 
 Council of Public Instruction 
 
JE^EOXJLj^TIOUSrS 
 
 OF THB 
 
 CoDimilk of llie Couooil of Public 
 
 WITH AMENDMENTS TO DATE. 
 
 I. 
 
 CONCERNING SCHOOL INSPECTORS. 
 
 Examination. 
 
 1. There shall be a Board of Examiners for the examina- 
 tion of candidates for the position of inspector of Pro- 
 testant schools, composed of three members, one of whom 
 shall be the principal of the McGill Normal School. The 
 remaining two membere shall be appointed by the Pro- 
 testant Committee of the Council of Public Instruction. 
 
 2. The expenses of this Board of Examiners shall be 
 paid, partiy from the deposits of the candidates and partly 
 from the contingent expenses of the Department of Public 
 Instruction. 
 
 3. The examiners shall prepare the questions, conduct 
 the examinations in writing, value the answers, and make 
 a written report of the results to the Protestant Committee 
 at the first meeting after the examination. 
 
 4. Candidates for the position of inspector of Protestant 
 schools shall appear before the Board of Examiners, or 
 before a sub-committee of the Protestant Committee ap- 
 pointed for the purpose, at Quebec, at the time appointed 
 by advertisement given by the Superintendent of Public 
 Instruction. 
 
 5. Each candidate shall forward to the Superintendent 
 of Public Instruction, at least six days before the time ap- 
 pointed for the examination, the following documents. 
 
 (a) A written application for appointment stating 
 the religious belief of the candidate, and his age, which 
 must not be less than 25 nor moi'e than 50 years; 
 
IIEGULATIOXS OF THE PROTESTANT COMMITTEE. 
 
 ! 
 
 (h) Testimonials of good chamcier and conduct, ac- 
 cording to Form No. 1, prescribed for tpaehers; 
 
 (e) Certificates of literary attainments and qualifi- 
 cations, of university degree, and of honors, it any, 
 and other particulars bearing upon his qualifications; 
 
 (d) Certificates showing (1), that he holds a dipio- 
 ma, (2) that he has taught at least five years, (3) that 
 he has not disconitinued teaching more than five years. 
 
 6. Each candidate shall deposit six dollars to defray the 
 cost of advertising in the Quebec Official Gazette, and for 
 other necessary expenses. 
 
 7. Each candidate shall be examined with reference to: 
 
 (a) The methods of teaching the subjects of the 
 authorized coui^e of study; 
 
 (6) The organization, discipline and management of 
 schools; 
 
 (c) The duties of inspectors, school ^boards and teach- 
 ers, and the operation ol the school law and regulations 
 of the Province. Fifty per cent, of the marks in each 
 of the three divisions of the examination will be re- 
 quired for passing. 
 
 8. The documents produced by the candidates, and the 
 results of their examination shail be submitted to the Pro- 
 testant Committee for their approval, and the candidates 
 found qualified by the Committee for the position of 
 inspector shall be granted certificates of the first or second 
 class, according to Form No. 2. 
 
 Duties of School Inspectors. 
 
 9. It is the duty of school inspectors: — 
 
 1. To visit each school of their inspectorates twice every 
 year, giving two hours, on an average, to the inspection of 
 each school; 
 
 2. To examine the pupils upon the authorized course of 
 study, and to insist upon the course b«ing followed by 
 teacher and pupils; 
 
 3. To transmit to the Superintendent (a) the names of 
 those teachers who are eminently successful in carrying 
 out the course of study, and (ft) the names of teachers who, 
 after w.arning, neglect the course of study or teach without 
 a proper time-table; 
 
 4. To ascertain whether the regulations for teachers and 
 for pupils are observed, and to note especially the classifi- 
 cation of the pupils, the arrangements and allotments of 
 the time-table, and the manner in which the school journals 
 and registers are kept; 
 
SCHOOL INSPECTORS. 
 
 5. To examine tlie methods of instruction followed by 
 the teacher; 
 
 6. To give a few model les®ons in the presence of the 
 teacher; 
 
 7. To ascertain what methods are used in maintaining 
 discipline; 
 
 8. To give such advice to the teacher as may be deemed 
 necessary; 
 
 9. To encourage teachers to preserve the best specimens 
 of their pupils' work on the authorized form of test-sheets, 
 in order that the inspector may examine them at his next 
 visit and transmit to the Superintendent s-pecimens worthy 
 of being exhibited; 
 
 10. To ascertain whether the regulations concerning 
 schoolhouses, closets, apparatus, etc., are observed, and 
 especially whether the necessary air s»pace p3r pupil has 
 been provided, and whether prot>er attention is paid to 
 the he.ating and ventilation of the school rooms; 
 
 11. To All up a bulletin of inspection for each school, and 
 to transmit the bulletins of each municipality to the Super- 
 intendent as soon as the inspection of the municipality is 
 completed ; 
 
 12. After inspecting the school of a municipality, to re- 
 port tlie results to the commissioners (or trustees), under 
 the following heads: 
 
 (1) Condition of the schools of the municipality as 
 
 to; 
 (a) The use of the course of study, 
 (h) A uniform series of text-books, 
 (f) The m-e of definite time-tables, 
 
 (d) Schoolhouses and closets, 
 
 (e) Apparatus (blackboard, authorized journal, etc.) 
 
 (2) Serious defects in; 
 
 (a) The municipality as a whole, 
 ib) Particular schools, 
 (e) Individual teachers, 
 
 (3) Any action that should be taken by the school com- 
 
 missioners (or trustees) to improve the con- 
 dition of their schools; 
 
 13. To classify, in their annual reports to the Superin- 
 tendent, the scTiool municipalities of their Insipectorates 
 under the following heads: — 1, Excellent; 2, Good; 3. Mid- 
 dling; 4, Bad; 5, Very bad; arranging the members of 
 each class in order of merit. The classiification shall be 
 based upon the following points, each of which shall be 
 valued at ten marks: — 
 
6 RBOULATIONS OF THE PROTESTANT COMMITTEE. 
 
 1. The lengtli and arrangement of tlie school year. 
 
 2. The condition of schoolhouE»es, cloeets and grounds. 
 
 3. The supply of appamtus, blacloboardfi, authorized 
 
 school Journals, maps, etc. 
 
 4. The use of the coui'se of study. 
 
 5. The use of a uniform series of authorized text-^books. 
 
 6. The salaries of teaohers and the method of payment. 
 
 14. To examine the books of the secretary-treasurers and 
 to ascertain whether they arc kept in accordance with the 
 authorized form; 
 
 15. To hold a meeting of teachers in each county, when 
 required by the Sut>erintendent, for the purpose of con- 
 sidering the difficulties, defects and desirable improve- 
 ments of the schools of the county and the best methods of 
 organizing and teaching elementary schools; 
 
 16. To co-operate with the directors of the Teachers* 
 Institutes In making a]l necesoary arrangements for the 
 institutes to be held in their respective inspectorates; 
 
 17. To forward their annual reports and statistical tables 
 to the Superintendent before the first of August each year. 
 
 Prise Books. 
 
 10. The insipectors shall distribute the prize books fur- 
 nished by the Department of Public Instruction as follows: 
 
 1. In the muuieipallties that are endeavoring to comply 
 with the provisions of the school law and regulations; 
 
 2. In the schools in which the teachers are endeav-:>ring to 
 carry out the course of study in accordance with a definite 
 time-taJble; 3. To tlie pupils who are taking regularly the 
 subjects of the course of study. 
 
 11. Prizes shall be awarded for general proficiency in 
 all the suibjects of the course of study, but if the examina- 
 ticn'is unsatisfactory no prize shall be given. 
 
 12. Prizes shall Ibe given upon the actual results of the 
 examination by the inspector and upon the information ob- 
 tained fi^>m the teacher. It is desirable that one prize 
 at least should be given in each of the classes of the school. 
 An extra prize may be given for attendance and conduct 
 as shown by the school journal, but this shall be distinct 
 from the prizes for proficiency, and shall not be given 
 unless a school journal has been regularly kept. 
 
 13. Prize books given by the inspectors shall not be 
 distributed at public examinations or closing exercises in 
 lieu of prizes to which pupils are entitled from the teachers 
 or school boards. 
 
CENTRAL BOARD OF EXAMINERS. 7 
 
 14. The inspector shall fill up and eign the laibel to be 
 found in each prize book. 
 
 15. The inspector shall enter on the school visitore' 
 register the name of each pupil to whom he gives a prize, 
 his age, the subject for which it was awarded, and the title 
 of the book given. The inspector shall see that the teachers 
 are provided by the school commissioners (or trustees) 
 with a school visitors* register, separate frcm the school 
 journal, and in schools where there is no register, he ohall 
 give no prizes. 
 
 16. The prize books are divided into two classes, Roman 
 Catholic and Protestant, distinguished by special labels, 
 and inspectors shall observe tlhis division in distributing 
 the prizes to pupils. 
 
 II. • 
 
 CONCERNING THE PROTESTANT CENTRAL BOARD OF 
 
 EXAMINERS. 
 
 17. The Protestant Central Board of Examiners shall 
 alone have the power to grant diplomas valid for Protestant 
 Schools. 
 
 18. The diplomas granted by the Central Board of Ex- 
 aminers shall be of four grades, viz.: Elementary, Model 
 School, Kindergarten and Academy, and these are valid 
 for any Protestant School of. the same grade in the Pro- 
 vince. 
 
 19. There shall be two classes of elementary diplomas 
 named respectively, elementary diplomas, and advanced 
 elementary diplomas. 
 
 20. The only persons eligible for examination by the 
 Central Board of Examiners are: 
 
 1st. For elementary diplomas, such persons as have com- 
 pleted a four months' course of training in the McGiU 
 Normal School. 
 
 2nd. For advanced elementary diplomas, such persons 
 as have completed a nine months' course of training in 
 the McGill Normal School. 
 
 •3rd. For model school diplomas, such persons as have com- 
 pleted a nine months' course of training in the model school 
 class of the McGill Normal School. 
 
 4th. For Kindergarten diplomas, suchpersons as have com- 
 pleted a nine months' course of training in the Kinder, 
 garten cli^» pf ikp McGiU Norpml ^c^ool. 
 
8 
 
 REGULATIONS OF THB PROTESTANT COMMITTEE. 
 
 5111. For academy diplomas, graduates in arts of some 
 Canadian or other British university. 
 
 6th. For any grade of diplomas, such persons as may 
 have received from the Protestant Committee of the Council 
 of Public Instruction, permission to enter upon any examin- 
 ations specifically indicated by that Committee. 
 
 21. The examinations for elementary, kindergarten and 
 model school diplomas shall ibe the sessional examinations 
 of the McGill Normal School, together with reports on 
 ability to teach and to govern, rendered by the Principal of 
 the school. 
 
 For all such examinations one half of each examination 
 paper may be set by the Central Board of Examiners, and 
 such tests of ability to teach and to govern as may be 
 indicated by that Board must be given. All results, in- 
 cluding ex.amination questions and answers, shall be sub- 
 mitted to the Board by the Principal of the Normal School; 
 and in view of these results diplomas shall be granted by 
 the Board. 
 
 22. The examinations for academy diplomas shall be the 
 examinations in arts and in education of Canadian and 
 other British universities. 
 
 All holders of model school diplomas that ihave 'been 
 granted by the McGill Normal School or that shall hereafter 
 be granted! by the Central Board of Examiners shall be en- 
 titled to receive academy dip}omas on graduating in arts 
 at some Canadian or other British university, provided 
 that they pass in mathematics, Latin, Greek and French at 
 the degree examinations or, failing this in any subject or 
 subjects, pass examinatTons in such subject or subjects 
 as are certified by the universities to ihave given to the 
 graduate concerned a standing not lower than that of 
 second class at the close of the second year in arts. 
 
 All graduates in arts of Canadian or other British uni- 
 versities who have passed in mathematics, Latin, Greek 
 and French as above defined and have taken a course and 
 have passed satisfactory examinations in education and in 
 practical teaching under the control of the universities or 
 oi the McGill Normal School as approved by t^e Protestant 
 Committee of the Council of Public Instruction, sihall be 
 entitled to receive academy diplomas. The Central Board 
 of Eixaminers shall determine who have passed satisfactory 
 examinations in education and in practical teaching in view 
 gt t^e r^ults, w||ich, ipcludinf; exs^mination question^ a|i4 
 
OfiNl^RAL fiOARD OS^ ttXAMtNEttS. ¥ 
 
 answers, shall be reroitt^ito the Board by the University 
 examlnei'S, and in view ot the recommendations of the pro-* 
 fessors of education. The Central Board of Examiners is 
 empowered to set one-half of the questions in education^ 
 and to prescribe tests of ability to teach and to govern, 
 which must be followed in such exaiminatlons. 
 
 23. A person holding a diploma as teacher granted by 
 extra provincial examiners, who desires to obtain a diploma 
 for this Province, shall submit to the Protestant Committee 
 the following documents: 
 
 (a) A programme showing the subjects and the nature 
 of the examination upon which he obtained his extra- 
 provincial diploma; 
 
 (b) A certified statement of the marks obtained in each 
 subject of the examination; 
 
 ((•) The diploma which he holds; 
 
 (d) A certificate of age, and a certificate of moral char- 
 acter according to the authorized form No. 1; 
 
 If these documents are satisfactory the Siuperintendent 
 may, if necessary, gi^ant a permit to teach until the date 
 of examination. 
 
 In view of these documents the Protestant Comnuttee dhail 
 determine what examinations,* if any, the candidate is to 
 undergo, and to what diploma he shall be entitled, and shall 
 notify the Secretary of the Central Board of EJxamlners 
 accordingly. The candidate shall tlien remit to the Secre- 
 tary of the Central Board of Examiners a fee of five dollars, 
 and shall receive from him notification of the days of ex- 
 amination, which sihall be held in the McGill Normal School 
 at the same time and on the same examination papers as 
 those of the corresponding examinations for teachers-in- 
 training. 
 
 If no examination is required the diploma as recom- 
 mended by the Protestant Committee shall be issued by the 
 Central Board of Examiners at its annual meeting, after 
 payment of the above fee. 
 
 24. When a teacher-in.training thmugh sickness or other 
 cause fails to pass the .requisite examinations to receive 
 a diplopia the Central Board of Examiners may on the re- 
 commendation of the Principal of the Normal odhool, by a 
 two-thirds vote of those present at the discussion of the 
 case, grant a diploma, or permit the return of the candidate 
 to renew his course the next year or permit 'him to return 
 for any of his examinations at the close of the next year, 
 and, if he be suecessful, grant him a diploma. 
 
 * ■ ^ 
 
10 ttnotlLATIONS OF THB PROTESTANT GOMMITTBB. 
 
 25. Upon representation made in writing to the Pmtes- 
 tant Committee of the Council of Public Instiuction by the 
 inspector of any district, or by the Inspector of Superior 
 schools, that a teacher holding a diploma and teaching 
 in a certain school within his inspectorate, is not in his 
 Judgment qualified for the due discharge of the duties of 
 the oflUce held by such teacher, the said teacher may be 
 required by the Protectant Committee to present himself, 
 or herself, before the Board of Examiners and be re-ex- 
 amined. 
 
 In such case the Protestant Committee shall inform thie 
 Central Board of Examiners, as well as the teachor con- 
 cerned, of what examinations will be required, and what 
 grade of diploma shall be issued if the candidate be suc- 
 cessful. 
 
 26. E>ach person who is not a teacher-ln-training of the 
 McGill Normal School, but Who applies for a diploma under 
 the pit>visions of section 24 or 25, must send an application 
 for admission to such examinations as may be requisite, 
 according to form No. 3, to the Secretary of the Central 
 Board of Examiners on or before April l&th preceding the 
 examination, together with the certificate of character 
 form No. 1, duly signed, an extract from a register of bap- 
 tism or other satisfactory 'evidence showing that he is of 
 the age required, and the requisite examination fee. In 
 these two cases, the examination fee &hall be for each 
 elementary diploma two dollars and for each model school 
 diploma three dollars, and for each academy diploma four 
 dollars, but no examination fees shall be required from 
 teachers-in-training attending the MoGill Normal School 
 in elementary, model school or kindeigarten c!as.'3er'-. The 
 fees shall be used in paying the expenses of the Central 
 Board of Examiners. The fee shall not be returned to a 
 candidate who has failed to obtain a diploma, but at the 
 next examination such candidate may again present him- 
 self without extra payment. 
 
 27. Candidates holding model school or elementary di- 
 plomas granted under the regulations of the Protestant 
 Committee before 1st of January, 1887, or second class 
 model school diplomas or elementary diplomas : granted 
 before the 1st of September, 1897, who present to the Cen- 
 tral Board of Examinera a certificate or certificates from a 
 school inspector or school inspectors that they have taught 
 isucceesfully for five years after oibtaining such diplomas 
 
CENTUAL OOAUD OF EXAMINEUB. 
 
 11 
 
 may exchange them for diplomas for the same grade of 
 school, under these regulations, on payment of a fee of 
 two dollars. 
 
 28. To the Central Board is committed the power of 
 admitting teachers-in-training to the several classes of the 
 McGIll Normal School. Its powers in this behalf are defined 
 under the head "Normal Schools." 
 
 29. The Central Board of Examiners is empowered and 
 required: 
 
 (a) To prepare and issue all forms of diplomas, certifi- 
 cates and tabulated reports which it may require in ad- 
 dition to the forms provided in the law or in tliese regu- 
 lations. 
 
 (6) To determine the time and the manner in which any 
 report required by it shall be made. 
 
 (c) To determine all details of time and manner of con- 
 ducting examinations, for admission to the Normal School 
 and fox teachers' diplomas, not provided for by law or 
 by the regulations of the Protestant Committee of the 
 Council of Public Instruction. 
 
 (d) To be the custodian of all examination papers, keep- 
 ing them for one year subject to the call of the Protestant 
 Committee of the Council of Public Ineti-uction. 
 
 (e) To observe and to cause to be observed all laws and 
 all regulations of the Protestant Committee of the Council 
 of Public Instruction, touching the duties committed to the 
 Central Board of Examiners. 
 
 (f) To report to the Protestant Committee of the Council 
 of Public Instruction as that body may direct. 
 
 RULES FOR EXAMINATIONS. 
 
 30. The following rules shall govern all examinations 
 conducted for or by tUe Central Board of Examiners, and 
 shall be read to candidates before the first of the series of 
 examinations. 
 
 1. The candidates are to be placed in the examination 
 room, so as to prevent copying, or communications of any 
 kind between them. 
 
 One candidate only shall be placed at each desk, whicli 
 he shall occupy throughout the examination. 
 
 2. At the hour appointed for the examination, the can- 
 didates being in their allotted places, the examination 
 papers for that hour shall be distributed to the candidates. 
 
 3. The examination papers or any question therein may 
 be read aloud to the candidates by the deputy examiner. 
 
12 
 
 REUULATIONB OF THE PttOTKSTANT COMMITTEIC. 
 
 but no exiplanation whatever shall be given as to the mean- 
 ing or purport of the questions. 
 
 4. No candidates shall be permitted to enter the examina- 
 tion room after the expiration of one-half hour from the 
 comtmencement of the examinations, nor after a candidate 
 has left the examination room. Any candidate leaving 
 the examination room after the issue of the examination 
 papers in any subject shall not be peimitted to return 
 during the examination of the subject then in hand. 
 
 5. No candidate shall give or receive assistance of any 
 kind in answering the examination questions. Any candi- 
 date detected (a) in taking into the examination room or 
 having about *him any ^ ;>ok or writing from which he 
 might derive assistance in the examination, (&) in speaking 
 to or applying to other candidates under any circumstances 
 whatever, (c) in answering under any circumstances what- 
 ever applications from other candidates, (d) in exposing 
 written papers to the view of other candidates, (f?) in en- 
 deavoring to overlook the work of other candidates, shall 
 be immediately dii^mis^ed from the examination. The plea 
 of accident or forgetfulness shall not be received. 
 
 6. Candidates shall wiite their answers on one side only 
 of the paper, and shall use no other paper th:an that pro- 
 vided for them. 
 
 The use of blotting paper for rough drafts or for any 
 writing whatever is strictly forbidden. But rough drafts 
 may be made on the back of the paper provided. 
 
 7. At the close of the examination all the paper, inciluding 
 the blotting paper, furnished ic a candidate must be re- 
 turned to the deputy examiner. 
 
 8. No candidate shall have access to his answers, and no 
 alteration shall be made in a candidate's answers after they 
 are delivered to the deputy examiner. 
 
 9. No persons, except those taking part in the examina- 
 tion, shaJll be admitted into the examination room during 
 the examination, and no conversation nor anything that 
 may disturb the candidates shall be allowed. 
 
 10. The candidater shall be under the direct and careful 
 supervision of the deputy examiner from the beginning of 
 the examination to its close. 
 
 11. The deputy examiner of each local centre s^all sign the 
 following declaration at the close of the examination and 
 forward it to the secretary of the Central Boar^: 
 
 " I hereby solemnly doclar-" that the examination of 
 ,,.,,., ,.Mf.»,frffhjEW )>eexi cwductfd strictly Ju f^cpQjxl^nc© 
 
MOILL NOUMAL BCIIOOL. 
 
 13 
 
 witU the special regulations prescribed for such examina- 
 tion, that the envelopes containing the printed examination 
 papers furnished by the Central Board of Examiners were 
 opened in the presence of the candidates, that the answcuv 
 >\ere collected at the time specified, and that the answers a^ 
 iorwarded to the Eecretary have been given, to the best of 
 my knowledge, by the pupils i^emselve.s, without assistance 
 from the deputy examiner, fellow pupils, memoranda or 
 text book, during the time of examination, and have not 
 been accessible to unauthorized persons. 
 
 (Signature,) 
 
 Deputy Examiner. " 
 
 12. The deputy examiner shall send with the above de- 
 claration a plan of the examination room. setting forth the 
 position occupied by each candidate. 
 
 31. Tlie secretaiy of the Central Board of Examiners 
 shall cause to be provided at each local centre (a) a suitable 
 room in which to conduct the examination, (h) a supply 
 of stationery, and (c) the required number of examination 
 papers. 
 
 fll. 
 
 of 
 ica 
 
 CONCERNING THE M'GILL NORMAL SCHOOL. 
 
 32. The McGill Normal School in the city of Montreal is 
 established chiefly for the purpose of training teachers for 
 the Protestant population, and for all other religious de- 
 nominations of the Province of Quebec other than the 
 Roman Catholic. The studies in this school are carried 
 on chiefly in English, but French shall also be taught. 
 
 33. The Corporation of MoGill University is associated 
 with the Superintendent of Public Instruction in the direc- 
 tion of the McGill Normal School under the regulationri of 
 the Protestant Committee, and it is authorized to appoint 
 a standing committee, consisting of five members, called 
 "The Normal School Committee," wMch shall have the 
 general supervision of the affairs of the Normal School. 
 
 34. It shall be the duty of this Committee, in conjunction 
 with the SuparlLtendent of Pubiic Instruction, under the 
 regulatioins of the Protestant Committee of the Council of 
 Public Instruction, to watch over the interests of the 
 school, to supervise its expenditures, to make by-laws for 
 its government, to provide for all unfor«een emei'g^ni^ies. 
 
14 
 
 REGULATIONS OF THE PBOTESTANT COMMITTEE. 
 
 ! I 
 
 l!i< 
 
 and to employ from year to year assistants in the Normal 
 and Model Schools other than the principal and professors 
 of the Normal School and the head master and head mis- 
 tresses of the Model Schools. 
 
 THE STAFF OF THE M'GILL NORMAL AND MODEL SCHOOLS. 
 
 35. The professors of the Normal School shall "be divided 
 Into two classes, oi'dinary professors and associate pro- 
 fessors. These shall be under the direction of a principal, 
 who, as such, will have particular duties to perform, for 
 which he will bear the responsibility. Any one of the 
 ordinary professoi's may be chosen to fill the office. 
 
 2. Each ordinary professor may be required to teach 
 several branches of study, and to devote the whole of his 
 time to the Normal School. 
 
 3. The associate professors shall teach one or more 
 separate branches, and shall not be required to devote the 
 whole of their time to the school. 
 
 36. There shall be a head master of the Boys' Model 
 School, a head mistress of the Girls* Model School and a 
 head mistress of the Primary School, and they shall be 
 under the general direction of the principal of the Normal 
 School. 
 
 ANNUAL SESSIONS OF THE NOBMAL AND MODEL SCHOOLS. 
 
 . 37. The Annual Sessions of the Normal and Model 
 Schools shall begin on the first school day of September 
 of each year and end in the NcoTnal School on the last 
 school day of May, and in the Model School on the last 
 school day of June. Such holidays shall be kept as are 
 prescribed hy the Protestant Committee of the CouncU of 
 Public Instruction, or by the Normal School Committee. 
 
 COURSE OF STUDY. 
 
 38. The course of study in the Normal School shall be 
 drawn up by the Principal of the Normal School, and sub- 
 mitted to the Protestant Committee of the Council of Public 
 Instruction for approval. 
 
 The model schools shall conform as closely as possible 
 to the authorized course of study for elementary and model 
 schools. V 
 
 MODE OP ADMISSION TO THE NORMAL SCHOOL. 
 
 39. The Central Board of Examiners alone have the 
 right to admit to the several courses of study in McGiU 
 Norm^^l School, 
 
IH'OILL NORMAL SCHOOL. 
 
 15 
 
 40. Any British subject who produces a certificates of 
 good moral chaiacter from the minister of the congrega- 
 tion to which he belongs, and evidence to show that at the 
 time of his application he has entered upon the seventeenth 
 year of his age, may be admitted to examination for en- 
 trance into the Blementary Class of ilie McGill Normal 
 School. 
 
 41. Each candidate for admiission to the £31ementary 
 Class shall notify the Secretary of the Central Board of 
 Examiners, in accordance with form No. 3, on or before the 
 15th of April next preceding the examination, of his inten- 
 tion to present himself for examination. Each candidate 
 shall at the same time deposit with the secretary of the 
 Central Board, first a certificate of good moral character, 
 according to the authorized form No. 1, signed by the 
 minister of the congregation to which he belongs, and by 
 at least two school commissioners or trustees or school 
 visitors of the locality in which he has resided six months 
 during the preceding two years; second an extract from a 
 register of baptisms or other sufficient proof, showing that 
 he is of the requisite age. 
 
 E^h candidate shall at the same time pay to the Secre- 
 tary of the Central Board of Examiners the sum of two 
 dollars. This fee shall be used in paying the expenses of 
 the Central Board of Examiners. 
 
 The fees shall not be returned to a candidate who has 
 failed to enter the Normal School, but at the next examina- 
 tion such candidate may again present himself without 
 extra payment. 
 
 42. On receiving the candidate's notification, certificates 
 of moral character, satisfactory evidence of age, and ex- 
 amination fee, the Secretary of the Central Board shall 
 notify the candidate of the place and time of the examina- 
 tion, and sihall also notify the deputy-examiner or examiners 
 at the centre of examination chosen, to admit the candi- 
 dates to the examination of the second grade academy, or 
 to such examinations as may be indicated by the Central 
 Board of Examiners. 
 
 The answers of all such candiidates shall be written on a 
 paper of a special tint, shall be promptly read .and valued 
 with other answers to the same questions; then collected 
 and sent with another copy of the questions submitted 
 and a statement of the results to the Secretary, who shall 
 submit the whole to the Central Board or to a sub-com- 
 mittee of that Board. In view of the results and the 
 
16 
 
 REGULATIONS OP THE PROTESTANT COMMITTEE. 
 
 IS 
 
 ( 
 
 1 
 
 answers submitted t'he Central Board of Examiners or its 
 sub-committee shall authorize the candidate to enter the 
 Normal School for the four months' course or for the nine 
 months' course in the elementary school class, or shall 
 refuse admission, as each case may warrant. But when 
 a candidate is authorized to enter for the four months' 
 course he may, if he choose, enter at the b&sinning of the 
 session for the nine months' course. 
 
 43. Holders of elementary diplomas are exempt from 
 examination for entrance to the elementary school class. 
 
 44. Any British subject who produces a certificate of 
 good moral character according to the authorized form, and 
 evidence to show that at the time of his application he has 
 entered upon the eighteenth year of his age, may be ad- 
 mitted to examination for entrance into the model school 
 class of the MoGill Normal School. 
 
 45. lEech candidate for admission to the Model School 
 Class shall at the same time and in the same manner as 
 candidates for admission to the elementary school class 
 give notifloation and deposit a certificate of good moral 
 character and satisfactory evidence of age, together with 
 an examination fee of four dollars, which sum shall admit, 
 in case of failure, without further payment, to the examina- 
 tion of the year next ensuing. 
 
 46. Examinations for admission to the model school 
 class shall be either the examinations in the Normal School 
 for the advanced elementary diploma, or the A. A. ex- 
 aminations of the universities. 
 
 On receipt of the notification, certificate of moral char- 
 acter, examination fee and satisfactory evidence of age, 
 the Secretary of the Central Board shall notify the candi- 
 date of the place and time of the examination, and shall 
 also notify the Principal of the Normal School or the Sec- 
 retary of the university examiners, as the case may be, to 
 admit the candidate to examination. If the exatnination 
 chosen be that of the A. A. examiners, 'he shall remit the 
 examination fee to their Secretary. 
 
 47. Persons who already hold elementary school dliplomas 
 are exempt from t'he examination fee and will be liable to 
 examination only in Algebra, Geometry, Latin and French, 
 with such additional subjects as in the judgment of the 
 Central Board or its sub-committee may be deemed neces- 
 sary in particular instances. But satisfactory evidence of 
 having taught successfully for eight months shall give 
 exemption from such examinations. 
 
 
 
 in 
 S 
 
 p| 
 ai 
 
m'oILL KOtlMAL SCHOOL^ 
 
 17 
 
 11 
 
 e 
 
 48. No evidence of standing at the A. A. examinations 
 otlier than the certificate of the 'univereities shall be taken. 
 For admission to the model school class of the Normal 
 School such certificate must show that the candidate has 
 passed in Latin, French, Arithmetic, Algebra, Geometry 
 and the EhiglisAi Languiage, or English Literature. Such 
 candidate, who has failed to enter the Model School class, 
 may be admitted to the Elementary School Clasc^. 
 
 49. Admission to the class for Kindergartners ^all be 
 granted by the Central Board of Examiners or its sub-com- 
 mittee only to such persons as holding advanced elementary 
 school diplomas, notify the Secretary of the Central Board 
 on or before the fifteenth day of April in any year, of 
 their wish to enter this class, and are reported by the Prin- 
 cipal of the Normal School to possess the necessary fitness 
 for Kindergarten work. 
 
 !^0. Authorization to enter any class of the McGfill Nor- 
 ■s^h. 5< hool holds good for two years from the date of the 
 isi <r tmt no longer, and is forfeited by failure to pass the 
 semi-sessional examinationis to the satisfaction of the Prin- 
 cipal of the Noripal School. 
 
 51. The Central Board of Examiners may admit to any 
 class, in exceptional cases, persons whose qualifications 
 m£y be insi^fficient for entrance. Such persons may be 
 excluded from the school by the Principal i^henever he 
 may judge it best so to do; but none fi^hall be permitted to 
 enter or remain on trial after the semi-sesisional examina- 
 tionis. 
 
 52. No candidate is admitted to the Normal School until 
 the provisions of the school law respecting admissions hav« 
 been fulfilled. 
 
 CONDITIONS OF CONTINUANCE IN THE NORMAL SCHOOL. 
 
 53. Persons admitted to the Normal SchooH must attend 
 on the first day of the opening and mufit thereafter attend 
 punctually every day of the session, or give reasons satis- 
 factory to the Principal of the School for their absence or 
 tardiness. 
 
 54. In order to continue in the Normal School teachers 
 in training must maintain conduct and character suitable 
 to their present position and their future calling. . 
 
 55. Each professor, lecturer or teacher shall have the 
 power of excluding from 'his lectures any student who may 
 b3 inattentive to (his studies, or guilty of any minor infrac- 
 
l8 RBGtJLATtONS Ofr Tttfi I»ttO*fiSl?ANT QOMMtTTBtt/ 
 
 tion of the regulations, until the matter can be reported 
 to the Princii>al. 
 
 56. The Principal of the sichool shall have power to 
 suspend from attendance any pupil, for improper conduct 
 or neglect of duty, for a week, or when he deems it ad- 
 visable to submit the case to the Normal School Committee, 
 until the next meeting of that body. 
 
 57. The Normal School Committee shall be empowered 
 for any grave cause to expel any teacher-in-training from 
 any class. 
 
 58. Teachers-in-training who leave the Normal School 
 in the middle of a session, are expected to assign to the 
 Principal satisfactory reasons, accompanied in case of 
 failure of health by a medical certificate. Neglect to comply 
 with this regulation will be a bar to future admission to 
 the Normal School. 
 
 59. Teachers-in-training must giive their whole time and 
 attention to the work of the school, and are not permitted 
 to engage in any other course of study or business during 
 the session of the school. 
 
 60. All teachers-in-tradning in order to continue in the 
 Normal School must pass the Christmas examinations to 
 the satisfaction of the Principal. 
 
 ATTENDANCE ON RELIGIOUS INSTRUCTION. 
 
 61. Teachers4n-training will be required to state with 
 what religious denomination they are connected; and a list 
 of the students connected with each denomination shall 
 be furnished to one of the ministers of such denomination 
 resident in Montreal, with the request, that he will meet 
 weekly with that portion of the teachers-in-training or 
 otherwise provide for their religious instruction. Every 
 Thursday at four o'clock shall be assigned for this pur- 
 pose or such other hour as may be determined by the 
 Normal School Committee. In addition, to punctual at- 
 tendance at weekly religious instruction, each student will 
 be required to attend public worship at his own church 
 at least once every Sunday. 
 
 BOARDING HOUSES, 
 
 62. The teachers-in-training shall state the place of their 
 residence, and those who cannot reside with their parents 
 will be permitted to live in boarding-houses, but in such 
 only as shall be specially approved of. No boarding houses 
 
 ■* 
 
M^QILL NORMAL SCHOOL. 
 
 19 
 
 With 
 
 a list 
 
 shall 
 
 lation 
 
 m€et 
 
 L3 
 
 their 
 irents 
 such 
 ouees 
 
 having permission to board male teachers-ln-training will 
 be permitted to receive female teachers-ln-training as 
 boarders, and picc-vei'sa. 
 
 2. They are on no account to be absent from their lodg- 
 ings after half-past nine o'clock in the evening. 
 
 3. They will be allowed to attend 6\xdh. lectui'es and public 
 meetings only as may be considered by the Principal con- 
 ducive to their moral and mental improvement. 
 
 4. A copy of the regulations shall be sent to all keepers 
 of lodging-houses at the beginning of the season. 
 
 5. In caee of lodgings being chosen by parents or guar- 
 dians, a written statement of the parent or guardian shall 
 be presented to the Principal. 
 
 6. All Intended changes of lodgings shall be made known 
 beforehand to the Principal or to one of the professors. 
 
 7. Boarding-houses shall be visited monthly "by a com- 
 mittee of professors. 
 
 8. Special visitations £hall be made in case of sickness 
 being reported, either by profea?.oi-3 or by ladies connected 
 with the school; and, if necessary, medical attendance shall 
 b3 procured. 
 
 9. Students and lodging house keepers are Tequired to re- 
 port, as soon as possible, all cases of serious illness and all 
 infractions of rules touching boarding-houses. 
 
 FEES. 
 
 63. Each teacher-in-training, who during attendance at 
 the school resided at home with parents or guardians shall 
 pay monthly in advance the sum of four dollars school 
 fee. The Principal of the sc^hool is permitted to wait until 
 the end of the fifth day of the month for payment, but no 
 longer; if the amount be not then paid the teacher-in- 
 training must withdraw from the school until the amount 
 is paid, but if it be not paid within the next five days, that 
 is, before the tenth day of the month, the delinquent 
 teacher-in-training shall be held to have withdrawn, and 
 his name 8!hall be removed from th.e books of the school. 
 
 BURSARIES. 
 
 64. Each holder of an advaniced elementary diploma, or 
 of a model school or kindergarten diploma, on showing that 
 he has taught successfully in some school of this Province 
 under the control of school commissioners or school trus- 
 tfy?s other than the Protestant Board of School Commis- 
 Biners of Montreal, shall be paid by the Principal of the 
 Normal School, out of its funds, the sum of two dollars fo^ 
 
20 REGULATIONS OP THE PROTESTANT COMMITTEE. 
 
 each month of «uch successful teachin<g, not exceeding eight 
 months in each year, during each of the two scholastic 
 years in^mediatdy sui oeeding the award of his diploma. 
 If in two years of consecutive attendance at the Normal 
 School a teacher-in-training has taken an advanced ele- 
 mentaiy diploma and either a model schoM diiiloma or a 
 kindergarten diploma the amount to be paid shall be four 
 dollars for each month; if three sessions of the Normal 
 School elapse between the admission of the teacher-in- 
 training and the conferring of the second diploma the 
 amount to be paid shall be three dollars for each month. 
 
 65. Successful teaching shall be shown by submit/ting at 
 the annual meeting of the Certral Boaixl of Exiaminers a 
 certificate according to form 5, signed by the chairman or 
 by the secretary-treasurer of each board under which the 
 teacher lias taught and by each school Inspector in whose 
 distiict of inspection he has taught. But the signature of 
 any school inspector stating that he was unable to visit 
 the school during the incumiyency of that teacheir shall be 
 accepted. 
 
 TRAVELLING EXPENSES. 
 
 66. On being awarded an advanced olementary diploma, 
 a model school diploma, or a kindergarten diploma, each 
 teacher-in-training at the MoGill Normal Sichool shall "be 
 paid by the Principal of the Normal Sichool, out of its funds, 
 the sum of three cents for each mile that his home, in the 
 Province of Quebec, is more than fifty miles distant from 
 the city of Montreal. 
 
 67. All teachers-^in-training who pass the semi-sessional 
 examinations in the Normal School with 60 per cent, of 
 the total marks, and who have not fallen below 50 per 
 cent., in any of the groups of subjects: English, Mathe- 
 matics, French and Miscellaneous, nor in any one of the 
 subjects required by the authorized course of study for 
 schools of the grade whiteh they aspire to teach,/ nor make 
 more than one mistake in spelling in one hundred words 
 of dictation chosen from any authorized text book, shall 
 be entitled to continue in their classes after Christmas. 
 Except by the special permission of the Principal, no 
 others shall be entitled to this privilege. 
 
 68. All teachers-in-training who attain the ^ndards de- 
 fined above at the final examinations in the Noimal School 
 shall be entitled to diplomas of the grade of the class to 
 which they belong; and except with the concurrence of 
 
 two-tbJrd§ pt the memhere of thi^ Central Bo^rfl pf l^- 
 
0LAS8IFI0ATION OF B0H00L8. 
 
 21 
 
 aminers, who may 'he present at the discussion, no others 
 shall receive diplomas. But the Central Board of Ex- 
 aminers may grant an elementary diploma to a. teacher-in- 
 training who falls to pass the examinations in the Model 
 School Class, or the examinations for tlie advanced ele- 
 mentary diploma. 
 
 69. All holders of elementary school diplomas obtained 
 by Teaching t>e -^^' udards defined above shall be entitled 
 to admission - tu^ Model School C •.>; no others without 
 the special permis&lon of the Central Board of Examiners. 
 
 70. Whenever it is evident, from the report to the Super- 
 intendent, or from the papers of the candidates submitted 
 to the Protestant Committee, in accordance with Reg. 2& 
 id) or for other reasons, that any particular examination 
 has not been conducted in accordance with the provisions 
 of the law and these regulations, the Protestant CommTltee 
 of the Council of Public Instruction may declare, either, 
 first, one or more diplomas granted at said examination, 
 or, second, the whole or any part of the proceedings of 
 said Central Board of Elixamlners at any meeting, null and 
 void, in which case the Cential Board of Examiners and 
 the candidates who received diplomas shall be notified 
 thereof by the Superintendent. 
 
 IV. 
 
 CONCERNING THE CLASSIFICATION OF SCHOOLS. 
 
 71. The educational institutions of the Province are di- 
 vided into Elementary Schools, Institutions for superior 
 education and Noimal Schools for the instruction and train- 
 ing of teachers. 
 
 72. Protestant Institutions of Superior EJducation are 
 classified as follows: — 
 
 1. Chartered Universities and incorporated Colleges affili- 
 ated thereto, wliich are required to make a return of their 
 annual written examinations to the Superintendent In ad- 
 dition to the annual report made by such institutions. 
 
 2. Academies and High Schools providing instruction, 
 in English, French, Classics, Mathematics, and Science, 
 adequate to the standard of matriculation in the Univer- 
 sities or for the Certificate of Associate in Arts. 
 
 3. Model Schools providing Instruction In Algebra, Gr€o- 
 metry^ French and the Latin elements. In addition to the 
 subjects of the elementary schools. 
 
 73. The following shall 1)6 the course of study for Pro- 
 teet^n^ Mm^^^W 3c]if9^)9, Model 9cbopl9 f^n4 Aca<lei9les, 
 
22 REGULATIONS OF THE PROTESTANT COMMITTEE. 
 
 Elbmbntary 
 
 SUBJECTS. 
 
 SORXPTUUK KMOWLEDOR. 
 
 GRADE I. 
 
 GRADE 
 
 Enc^libh 
 
 ABITHMETIO. 
 
 GBOOBAPHT AKD 
 
 History. 
 
 Objrct Lbssoks or 
 
 UsBFUii Knowledge. 
 
 Fbenou (Optional) 
 
 Text Books nboessaby 
 
 FOB k AOH OBADB , 
 
 The first ha1f*hour of each day to be devoted 
 tion iu Scripture and Morals, iiicloding read- 
 Good Manners, Temperanoe, Health, Kind- 
 
 The meaning of words with the subject matter 
 brightness of tones, fluenoy, clearness and 
 work. 
 
 Copying words and sentences, 
 oral an<l written reproduct- 
 ion. Menioriter work Spe- 
 cial attention to penhol«ling 
 and hand movemeuts. 
 
 Mental Arithmetic, Addition 
 and Subtraction with objects 
 and with numbers ot two 
 figures. tCeading and writ 
 ing numbers to luo. 
 
 Elementary terms. Divisions 
 of land and water. Map of 
 tlie school neighborhood. 
 
 Copving words 
 I notation, oral 
 production, 
 position. Me- 
 
 \ 
 
 Mental Arithme- 
 Rules to short 
 sive. Multtpli- 
 Avoir dupois 
 and Liquid 
 
 Outline o f t h e 
 
 Form Study and Drawing, Colour, Size, Weight, 
 Animals, Forest Trees, and Minerals of the 
 
 Names of objects in conver- 
 sation. 
 
 Reading Book, Table- card, 
 Slate, Slate-Pencil. 
 
 Nances of ob- 
 plirases. 
 
 Reading Book, 
 Slate, Slale- 
 B o o k, Blank 
 
 N.B.— Music and P))ys|c4l Kx^r^isep ar^ required to form purt of School 
 CQUrse, 
 
OOUBSlt OF dTUDY. 
 
 28 
 
 SonooU. 
 
 II. 
 
 GRADE IIL 
 
 GRADE IT. 
 
 to the OMniog EzerolMS, Scriptore Reading. Singing and Prayer, Inatruo- 
 tngs uad lemoMi upon (iodlineas, Truthfulneaa, Honoar, Reepect for others, 
 nets to Anliuali, Etc. See Mohenie of Bible Stady. 
 
 of the reading lesaon. Special attention to be giren to pleaaantnest and 
 correctnesB of pronunciatlont and o writing and spelling In all written 
 
 and sentences, 
 and written Re- 
 Hentenoe Com 
 moriter work. 
 
 tic, Fonr Simple 
 division incln- 
 cation Table, 
 weight, Long 
 Measures. 
 
 map of Cauada. 
 
 Co: 
 
 yiiig. Dictation, Word 
 uildlnff, Special Study of 
 Simple Selections, from 
 best prose and poetryi 
 with Memoriter work, 
 Sentence Drill, the Parts 
 of Speech. 
 
 Mental Arithmetie, Lon.g 
 Division, Simple B x a m- 
 
 f»Ies in Fractions and in 
 3 o im p o und Numbers in 
 ordinary use, and Review. 
 
 .Hap of Western Hemi- 
 sphere, Map Drawing. 
 Outline of Canadian His 
 tory, French Rule. 
 
 Dictation, Special Study of Se- 
 lections, Including Defini- 
 tions, Derivations, Analysis 
 and Synthesis of sentencssi 
 Parsing, Letter Writing, Ao- 
 oounts, Desoriptivo Compo- 
 sition, and Recitation of se- 
 lected passages. 
 
 Mental A rithmetle, Simple Ex- 
 amples in Fractions, Deci- 
 mals, Ptrcentage, Interest, 
 Mensuration, and Bevlew. 
 
 Msp of Eastern Hemisphere 
 Map Drawing, Outline of 
 Canadian History, including 
 points of contact with Br^ 
 tish Hbtory. 
 
 Motion, First Notions of Agriculture, (Special attention to the Planto, 
 Province, and their uses ) 
 
 J ectts, familiar 
 
 Table-card, 
 Peucil,Copy- 
 Book, Pen, Ink. 
 
 Easy sentences with simple 
 forms of familiar verbs. 
 
 Reading Book, Slate, Pen- 
 c i 1 s, Cc>py-Book, Blank 
 Book, Pen, Ink. A r i t h- 
 metic, Geography, Cana- 
 dian History, I» r a w i n g 
 Book No. 1. 
 
 Reading, easy exercises in 
 translation, regular verbs. 
 
 Reading Book, Slate, Pencils. 
 SpelLng Book, Copy Book, 
 Blank Book, Pen, Ink, 
 Arithmetic, Grammar, Geo- 
 graphy, Canadian History, 
 Drawing Book, No. 2. 
 
24 ttfeaULAtlOKS OF 1*H« PttOTflSTANt OOMMltTttS). 
 
 St** S 
 
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 TS 
 
26 BBOULATIONB OF THE PBOTB8TANT OOMMITTBB. 
 
 I 
 
 ^ 
 
 ta 
 
 
 
 30 
 
 H 
 
 CO 
 
 s < 
 
 
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 1 
 
 
 5. 
 
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 ;4:s 
 
 
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 Up 
 Ml. 
 
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 27 
 
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 slip 
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28 REGULATIONS OP THE 1>R0TESTANT COMMITTEE. 
 
 NEW SCHEME OF BIBLE STUDY F03 PROTESTANT SCHOOLS 
 f Authorized by the Protestant Committee— To take effect Sept. 1895.) 
 
 CLASS. 
 
 Grade 1 
 
 Grade 2 
 
 Grade 3 
 
 Grade 4 
 
 Model Gr. 2. . 
 
 ACADFMY 
 
 Gr. 1 and 2.. 
 
 New Testament Stories. 
 
 Events connected with birth 
 of Christ Luke, I. II. 7 — 
 Vi»it of Shepherds, Luke, 
 
 II, 8-20.— Visit of Magi. 
 Matt. II 1-12.— Flight into 
 Egypt. Matt. II, 13-23 — 
 Jesus and the Doctors 
 LiTKB II , 41-ft2,— Baptism. 
 Luke III. 15-23. Matt. Ill, 
 117— Death and Burial. 
 John XIX.- Resurrection 
 and Ascension. John XX, 
 and Acts 1, 3 to 12 
 
 As in previous year together 
 with tht Circumcision and 
 Prfsontation of Jesus. 
 LuKR II, 21.38. Prepara 
 tion at Nazareth. Luke II, 
 51-62.— Choice of Apostles. 
 Luke VI, 12-19. Impt ison 
 ment cf the Baptist. Mark 
 VI, 17-20.— Death of the 
 Baptist. Mark VI, 21-29.- 
 Supperat Bethany. John 
 XII, 2-8.— Entry intoJeru- 
 salem. Mahk XI, 1 to 12- 
 
 As in previous year together 
 with Temptation. Luke 
 IV, 1-13 -First Passover of 
 Ministry. John II, 13.25 
 
 III, 1 21..-Peter's Confes 
 sion. Matt. XVI, 13-20.^ 
 Transfiguration. Matt 
 XVIL 1-13.— Sending out 
 the seventy. Luke X, 1-13 
 Feast of Dedication. John 
 X. 22-42.— Paschal supper. 
 John XIII, 1-36 Garden of 
 Gethsemane. Matt.XXVI, 
 .''6-46. — Betiay-1. Matt. 
 XXVL 47-56.-Trial. John 
 XVIII.-Appearances after 
 resurrection. John XX, 
 Matt. XXVIII, 16-20, 
 Luke XXIV, 13-35.— Pen- 
 tecost. Acts II. 
 
 Life and Words of Christ. 
 
 Gospels and Acts of Apostles 
 
 Old Testament 
 Stories. 
 
 Outlines of 
 chief events to 
 the end of the 
 life of Joseph. 
 
 Memorized 
 Matter. 
 
 Outlines of 
 chief events to 
 the death of 
 Joshua. 
 
 Outlines of 
 chief events to 
 the end of the 
 Judges. 
 
 Old Testament 
 History com- 
 plete. 
 
 The Lord's 
 Prayer. The 
 Beatitudes. Six 
 special texts, 
 viz., Psl. IV, 8, 
 Pi«l. LI, 10, 11, 
 Matt. XI, 28. 
 —John III, 16- 
 17. 
 
 The lord's 
 Prayer. The 
 BeatitudeP.The 
 Apostles' Creed 
 — Six special 
 texts, viz., Psl. 
 XIX, 12-14, 
 Prov. 111. 5, 
 Matt., XI, 29, 
 John X, 14, 
 John XIV, 15. 
 
 The Ten Com- 
 mandmen t s 
 and Mark, 
 XV. 
 
 Matthew VI. 
 
 Selections. To 
 be made by 
 the teacher. 
 
 J 
 
AOADGMIES AND MODEL SCHOOLS. 
 
 2» 
 
 
 Academies and Model Schools. 
 
 74. In order that an insttitution may be i^ecognized aa 
 an Academy it must fulfil the following conditions: 
 
 1. It must be under the control of, and receive financial 
 support from, the school board of the municipality in which 
 it is situated. 
 
 2. A suitable school b.*ilding, furnished with the neces- 
 sary appliances, must be provided. 
 
 3. It must be organiz::d in three departments, viz.: Ele- 
 mentary, Model School and Acad amy. 
 
 4. Three teachers must be employed, one of whom must 
 bold an academy diploma. 
 
 5. The teachers must i engaged at fixed salari:i> by the 
 school board. 
 
 6. The ai;thorized course of study must be followed in 
 each department. 
 
 7. The pupils must pass satisfactorily the annual written 
 examination prescribed for such schools. 
 
 8. It must reirain in ses^^sion at least one hundred and 
 eighty days during the year. 
 
 75. In order that an institution may be recognized as 
 a Model School it miist fulfil the conditions prescribed for 
 Academies, except that it may be organized in two depart- 
 ments, elementary and model, under two teachers, one of 
 whom must hold, at least a model school diploma. 
 
 76. It shall be competent, however, for the Protestant 
 Committee to recommend a special grant to one school in 
 a county, when the conditions requisite for a Model School 
 or an Academy have not been fulfilled. 
 
 77. No institution is allowed to ehange the tdtle under 
 which it is known, so as to transfer it from one grade of 
 institution recognized by law to a higher grade, without 
 being previously authorized to do so by the Protestant 
 Committee. 
 
 78. Every pupil desiring to enter the model schooll de- 
 partment of a superior school must undergo an examina- 
 tion in the subjects of Grade III. Elementary Course, and 
 pupils desiring to enter the academy department must 
 undergo an examination in the suibjects of the Grade II. 
 Model School Course. 
 
 79. The school boajid shall fix a uniform school fee for 
 each department of a superior school so that there may be 
 one fee for the whole course of study of each department. 
 
\- 
 
 so 
 
 RBGULATIONS OP THE PROTESTANT COMMITTEE. 
 
 y 
 
 80. Ak^ademies and Model Schools, that recedve no ^rant 
 in any year, must make application if they desire to be 
 inspected by the inspector of superior schools the following 
 year. 
 
 81. Academies and Model S^^hoote are required to send to 
 the Department of Public Instruction, before the first of 
 July each year, specimens of school exercises in Writing, 
 Drawing, Map Drawing and Mathematics, prepared upon 
 the approved form of paper, and these specimens shall be 
 taken into consideration in the distribution of the grants. 
 
 Inspection of Academies and Model Schools, 
 
 82. It is the duty of the Inspector of Superior Schools: — 
 
 1. To inspect the Protestant Academies and Model Schools 
 of the Province at any time from 1st October to the 1st of 
 May, giving one day at least to the inspection of each 
 Model School and two days to the inspection of each Aca- 
 demy; 
 
 2. To examine the buildings and furnishings of each 
 school, and the condition of the outhouses; 
 
 3. To note the number of pupils on the roll, and the 
 number present on the day of inspe-ction; 
 
 4. To ascertain how far the course of study lis being 
 carried out in each school and what, if any, are the ob- 
 stacles to this being done fully; 
 
 5. To inquire into the work and the progress of the work 
 In the several grades; 
 
 6. To examine the time-table, and ascertain whether it 
 is judiciously framed or not; 
 
 7. To take notes of each teacher's method of conducting 
 his classes, whether he enlists the interest and attention 
 of his pupils, whether there are indications of careful pre- 
 paration for the work on his part or not; 
 
 8. To note the strong and weak points of each school; 
 
 9. To give each teacher, privately, such judicious hints 
 and suggestions in the conduct of his school as may seem 
 necessary in the circumstances; 
 
 10. To fill up the bulletin furnished by the Superintendent 
 for each school; 
 
 11. To submit a generaJl annual report upon the pre- 
 scribed work of inspection at the September meeting of the 
 Committee, along with the tabulated returns of the results 
 of the written examination, and to submit an interim report 
 upon the work of inspection at each of the three remaining 
 quarterly meetings of the Committee; 
 
ACADEMIES AND MODEL SCHOOLS. 
 
 31 
 
 ident 
 
 12. To prepare the examination papers in accordance witli 
 the authorized course of study, that is, fifteen subjects In 
 Academies and thirteen in Model Schools, and to submit 
 them to the sub-committe on examinations, for revision 
 and approval. 
 
 83. The Inspector of Superior Schools shall, in the tabu- 
 lated returns of the written examination, report in regard 
 to each school: — 
 
 1. The num1i)er of pupils on the roll for the term In 
 y^hich the examination is held, and the number present 
 on the day of examination. 
 
 2. The number of pupils presented for examination in 
 each grade. 
 
 3. The number of pupils not classed in any grade, and 
 the subjects taken by them. 
 
 4. The number of pupils that have passed in each grade, 
 and the number that have failed in each. 
 
 5. The information required in the foim of report, in 
 which the standing of the pupils in the several grades 
 sthall be given, and separately the standing of the ungraded 
 pupils in the subjects which they have taken, alone with 
 a copy of the examination papers. 
 
 Written Examinatimi of Academies and Model Schonlf*. 
 
 84. There shall be an annual written examination of 
 the Protestant Academies and Model Schools held simulta- 
 neously under the direction of local deputy-examiners ap- 
 pointed by the Protestant Committee. 
 
 The examination papers shall not be sent to a school 
 which refuses to remunerate its deputy-examiners. 
 
 85. In these written examinations pupils shall be con- 
 sidered as having passed in thdir respsctive grades provided 
 they pass in all the grades, subjects specifled in the course 
 of study. However, pupils who fail in not more than two 
 subjects may be passed at the diiscretion off the examiners 
 when the aggregate of marks is high enough to justify 
 such exceptional action. 
 
 86. The papers for these examinations shall be prepared 
 by the inspector of superior schools. Pupils who pass in 
 the subjects prescribed for their respective grades will be 
 entitled to receive c*ertiflcates to this effect from the De- 
 partment of Public TnstruPtion. 
 
 87. Pupils of Grade III. Academy Ck>urse, shall take 
 the University School BJxftjniwtions for the Certificate 
 
82 REGULATIONS OP THE PROTESTANT COMMITTEE. 
 
 of A&sociate In Arts and those who pass for the Certificate 
 of Associate in Arts shall be held to have passed in their 
 Grade. 
 
 2. No pupil shall be allowed without the concurrence of 
 the Inspector of Saperior Schools, to proceed to these ex- 
 aminations from any of the Superior Schools under the 
 supervision of the Protestant Committee before having 
 passed in Grade II. Aoademy. 
 
 3. No pupil shall be accepted for these examinations 
 from a Model School that is not equipped as an Academy 
 in point of staff. 
 
 88. The examination of the pupils of Grade III. Acade- 
 my Course, for the certificate of Associate in Arts, will be 
 in accordance with the standard prescribed in the course 
 of study for that grade. 
 
 89. The examination shall be held the third week in June. 
 
 90. Pupils over eighteen years of age may receive the 
 certificates of the Universities and the title of Associate 
 in Arts, but they shall not be ranked with the other can- 
 didates. 
 
 91. The examination papers, including those for the 
 A. A. Examination, shall be distributed from the Depart- 
 ment of Public Instruction by the inspector of superior 
 schools, and the answers of the pupils shall be returned to 
 the Department in accordance with instructions to deputy- 
 examiners. The answers of the pupils of Grade III. Acade- 
 mies shall be transmitted directly to the secretary of the 
 Board of EJxaminers of the Universities, for examination 
 and repoit thereon for the information of the Protestant 
 Committee. 
 
 92. The maximum number of marks for each subject 
 shall be as follows: — ^In Grade I. 60; in Grade II. 75; and 
 in Grade III. 100. In the examinations, pupils shall not be 
 considered as having passed in any subject unless they have 
 oibtained at least forty per cent, (and in the case of Read- 
 ing and Dictation seventy-five per cent.) of the mairks at- 
 tainable in that subject. 
 
 93. The examination papers prepared by the inspector 
 of superior schools shall consist of nine questions in each 
 subject, arranged in three groups, only one question from 
 each group to be answered by pupils of Grade I. and II. 
 Model School Course, and two from each group by pupils 
 of other Grades, 
 
SCHOOL COMMISSIONERS AND TRUSTEES* 
 
 as 
 
 04. Two papers fihall be prei>ared for the Acaaemy 
 Grades I. 'and II. on each of the subjects of imifgilish, Geo* 
 graphy and History in accordance with the course of study, 
 but at the option of the teacher, the deputy-examiner may 
 adopt one of the two as thu examination paper for the two 
 grades. No pupil, however, s'hall select questions from 
 more than one of such papers. 
 
 05. In order to be eligible for examination a pupil must 
 be in attendance ninety days at least, during the current 
 scholastic year. 
 
 96. Assoieiates in Arts who have passed in Latin, Greek, 
 Algebra and Geometry, may, without further examination, 
 enter the Faculties of Arts of the two Universities of McOill 
 College and Bishop's College. Tho?.e who have passed in 
 Algebra, Geometry and Trigonometry, may enter the Facul- 
 ty of Applied Science of McGill University. 
 
 2. The Secretary of the Protestant Committee will, an 
 application, furnish successful pupils with evidence of their 
 qualiiflcations with reference to the Normal School and 
 Boards of Examiners.* 
 
 97. Deputy-examiners 
 given in regulation 30. 
 
 shall observe the instructions 
 
 V. 
 
 CONCEBNING THE DUTIES OF SCHOOL COMMISSIONERS ANI> 
 
 TRUSTEES. ; 
 
 School Grounds. 
 
 98. School sites shall, when possible, be in dry elevated 
 positions, easily accessible, and provided with good water. 
 
 99. School sites shall, when possible, be isolated and 
 so situated that the surroundings will not interfere with 
 the wor^ of the school room nor with the morals of the 
 pupils. 
 
 100. School sites shaHl be as far removed as possible 
 from swamp, or cemetery. 
 
 101. The school grounds shall be properly levelled and 
 drained, planted with shade trees and enclosed by a sub- 
 stantial fence. They shall, when possible, not be less than 
 a quarter of an acre in extent. A larger area shall be pro- 
 vided for large schools. 
 
 ^NoTB.'^No fMi Willi be exacted for the examination of pupil» 
 of Aoademles under the control of tbe Protestant Committee, 
 but in order to obtain the certificate from the Universities 
 the prescribed fee, vis. : |4.00 for A. A. certiflcates, must be paid 
 to the Secretary of the university Ehcamlners. 
 
34 
 
 BEQULATIONS OF THE PROTESTANT COMMITTEE. 
 
 102. Separate closets or privies shall be provided for the 
 «exes. A close fence, at least six feet in 'height, extending 
 from the closets to the school building, sihall separate the 
 approaches to these closets. 
 
 103. Proper care shall be taken to secure cleanliness 
 In these closets and to prevent unpleasant and unhealthy 
 odours. The approadhes from the schoolhouse to the closets 
 shall be so kept that the closets may be reached with com- 
 fort in all kinds of weather. 
 
 / SchoolMuses. 
 
 104. The schoolhouse shall, whcu possible, be placed at 
 least thirty feet from the public highway. 
 
 105. When the numlber of children of school a^ in a 
 iJistrict exceeds seventy-live, the school-house shall contain 
 -at least two rooms, when it exceeds one hundred and 
 twenty-five three rooms; an additional room, at least, being 
 required for each additional fifty dhildren. 
 
 106. In each school room the area shall be at least fifteen 
 4square feet for each pupil, and the height from fioor to ceil- 
 ing at least ten feet, so as to give at least one hundred and 
 fifty cubic feet of air space per pupil. 
 
 107. There shall be ante-rooms or cloak rooms for pupils 
 
 of both sexes, separate froim the sdhool room, warmed and 
 
 ventilated, and supplied with hooks and with shelves for 
 
 the pupils* luncheon. (The outside door should never open 
 
 directly into the school room). 
 
 108. The heating apparatus shall be so placed as to give 
 •a uniform temperature of sixty-five degrees, determined 
 by a thermometer, in the school room during school hours. 
 
 109. The Windows of a school room shall be placed on 
 both sides of the school room, or on the left side of tihe 
 pupils and behind them, but never in front of the pupils. 
 'The area of the windows, collectively, shall not be less 
 ^han one-sixth of the floor surface of the sdhool room. 
 'The top of each window shall be carried up as near the 
 iceiling as possible; and tlie bottom of the side windows 
 shall be at least four feet from the floor of the room, and 
 the bottom of the windows behind the pupils at least six 
 feet from the floor. 
 
 110. The windows shall open readily from the top and 
 tK)ttom, and when double windows are used a ventilator 
 
Ck« 
 
 80H00L GOMMI8SIONER8 AND TRUSTEES. 
 
 35 
 
 r the 
 ading 
 e tlie 
 
 Llness 
 ealthy 
 >lo8eta 
 i com- 
 
 tcad at 
 
 ^ in a 
 contain 
 ed and 
 t, being 
 
 t fifteen 
 to cell- 
 red and 
 
 . pupils 
 aed and 
 ves for 
 er open 
 
 Ito give 
 jtinlned 
 
 ' iiours. 
 
 iced on 
 ot tflie 
 pupils. 
 
 I be less 
 
 II rooni. 
 
 \ear the 
 
 yindows 
 
 [>m, and 
 
 St six 
 
 jtop and 
 [ntllator 
 
 thall be proYlded at the top and bottom of each double 
 iirindow. 
 
 111. There shall be in every school room ample provi- 
 Bion for the admiseion and circulation of pure air and to€ 
 the escape of impure air. 
 
 112. The schoolhouseB are to be built in accordance 
 with plans and specifications furnished or approved by the 
 Superintendent. 
 
 113. School boards shall see that each schoolhouse Is 
 kept in good repair, that the irindows are properly filled 
 with glass, and that suitable fuel is provided; that tlhe de^ks 
 and seats are in good repair, that the outhouses are proper- 
 ly supplied with doors and kept clean, that the blackboards 
 are kept painted, that there is a supply of good water, and 
 that everything that is necessary for tlhe comfort of the 
 pupils and the success of the school is provided. When a 
 manager is appointed, the school board shall see that he 
 performs his duties in a proper manner. 
 
 114. No public schoolhouse or school ground or any 
 building, furniture, or other thing pertaining thereto, shall 
 be used or occupied for any other purpose than for the use 
 or accommodation of the public school of the district, with, 
 out the express permission of the school board or the 
 chairman thereof, and then only on condition that all 
 damages are made good by the persons obtaining permission 
 and that the school room is properly cleaned before the time 
 for opening the school. 
 
 115. The teacher has charge of the schoolhouse on be- 
 half of the school board. He has no authority to use the 
 schoolhouse other than as directed by them, without their 
 sanction. At tihe request of the school board he must at 
 once deliver up the key of the schoolhouse to the chaliman. 
 
 ' ScTiool Fwniture and Apparatus: 
 
 116. A sufficient number of seats, provided with backs, 
 and desks shall be provided for the accommodation of all 
 the pupils ordinarily in attendance et the school. 
 
 117. The seats and desks shall be so arranged that the 
 pupils may sit facing the teacher. Not more than two 
 pupils shall be allowed to sit at one desk. 
 
 118. The height of thie seats shall be so graduated that 
 ill pupils may be seated with their feet firmly upon tthe> 
 floor. (TO accommodate pupils of all ages the desks should 
 he of three different sizes). 
 
3^ REGULATIONS OF THE PROTESTANT COMMITTEE. 
 
 119. The seats and desks shall be fastened to the floor 
 In rows, with aisles at least eighteen inches in width be- 
 tween the rows; passages, at least three feet wide, shall be 
 left between the outside rows and the side and the rear 
 walls of the room, and a space from three to five feet wldo» 
 between the teacher's platform and the front desks, 
 directly over the edge of tihe seat behind it. The desk shall 
 be provided with a shelf for pupils' books. 
 
 120. Each desk shall be so placed that its edsa will be 
 
 121. There shall be a teacher's desk of conyenlent form 
 with lock and key, placed upon a dais or platform at least 
 six Inches in height. 
 
 122. There shall be a cupboard, provided with lock and 
 Icey, for the preservation of sdhool recoils and apparatus. 
 
 123. There shall be a blackboard, at least three feet 
 six inches wide, extending across the whole room in rear 
 of the teacher's desk, with its lower edge not more than 
 two and a half feet above the floor or platform; and, when 
 possible, tbere shall be an additional blackboard on each 
 side of the room. At the lower edge of each blackboard 
 there shall be a shelf or trough for holding crayons and 
 brushes. 
 
 124. There shall be in every scihool room a jacketed 
 stove (unless another system of heating is used) a wood- 
 box or coal-*buckesL, a shovel, a poke^ a broom, a water- 
 bucket, a drinking-cup, a hand bell, a clock, a thermometer^ 
 a copy of the sc'hool regulations, a copy of the authorized 
 oouTse of study and an authorized sdhool journal; and in 
 every school a standard dictionary, a visitors* register, a 
 set of tablet lessons of Part I. of the First iReader, a supply 
 of crayons and blackboard brushes, a waste paper box, a 
 map of North America, a map of Canada, and a map of the 
 Province of Quebec. 
 
 125. Provision shall be made by eveiy school board for 
 sweeping each, schoolhouse daily and for scrub^bing the 
 flooirs at least once every two months, and for making flres 
 one hour before the time for <^;>ening school when requisite; 
 IvaX it is not the duty of teachers to do this work. 
 
 The School Tear, 
 
 12%^ AU schools shall be closed from tlie 1st July to 
 Hm l€tb Attguflt each year; but any schiool board xoay, with 
 tlie i^pprevaH of tJie Superiateiident, c^^em, one or more of 
 
 I ; 
 
SCHOOL COMMISSIONERS AND TRUSTEES. 
 
 8T 
 
 its schools during this period when the circumstances of 
 the school render it necessary. 
 
 127. The schools of a municiiyality shall open each year 
 after the l*5th of August, and not later than the first Monday 
 in September, as may be determined by resolution of the 
 school board of the municipality. 
 
 128. The schools of each municipality sihall continue in 
 session each day, except the holidays hereinafter provided, 
 from the date appointed for the opening until the close of 
 the school session. In school municipalities where the 
 school session is less than six months the school boards 
 may provide by resolution for CiOsing the schools during 
 the breaking up of the roads. 
 
 120. The holidays for the Protestant Schools of the 
 Province shall be as follows: 
 
 Every Saturday and Sunday; From ^th December to 2nd 
 January inclusive; Good Friday; The Queen's Birthday; 
 Dominion Day; and such days as are proclaimed by author- 
 ity or granted by resolution of the school board of the 
 munioipality or by the Superintendent of Public Instruction; 
 also the two days uipon which the Protestant Teachers' 
 Association meets yearly, provided the teacher concerned 
 actually attends the sessions of the Association after giv- 
 ing notice in writing to the school board. 
 
 School Hours. 
 
 130. The school hours shall be from nine o'clock in the 
 forenoon till four o'clock in the afternoon, unless the school 
 board by resolution prescribes a shorter period. 
 
 There sh^ll be a recess of not less than ten minutes 
 each forenoon and afternoon, and a recess of one hour at 
 least shall be allowed for recreation during the middle of 
 the school day. 
 
 Engagement of Teachers. t 
 
 131. Bach sichool board shall engage its teachers for 
 the time, at least, that the schools are to be in operation 
 during the school year, and not for any less period, except 
 to replace a teacher retiring before the end of the school 
 year. 
 
 132. Each school board shall appoint a day, and give 
 due notice thereof, upon which they will meet and receive 
 applications and engage teachers for all the schools of the 
 municipality. 
 
38 
 
 RBGULATIONS OF THE PROTESTANT OOMMITTEB, 
 
 133. In the engagement of teachers the school board 
 •hall consider the special needs and circnmstances of the 
 several schools under its contro). and shall allot tbe teach- 
 ers among these schools so as best to promote the interests 
 of the whole municipality. 
 
 134. No school board shall require or permit any teacher 
 under Is control to *'board around" among the inhabitants 
 of the district. 
 
 135. The teacher's engagements for iProtestant schools 
 shall be made in accordance with Form No. 4. 
 
 136. Whenever the average attendance of an elementary 
 school exceeds fifty a second teacher shall be engaged for 
 that school by the school board. 
 
 Religious Instruction, , \ 
 
 137. Religious Instruction shall be given In all public 
 schools, but no person shall require any pupil in any public 
 school to read or study in or from any religious book, or 
 to Join in any exercise of devotion or religion, otojeeted 
 to in writing by his or her parents or guardians. 
 
 138. Every Protestant school shall be opened each day 
 "With the reading of a portion of the Holy Scriptures fol- 
 
 . lowed by the Lord's Prayer. 
 
 130. In all grades of Protestant schools the first half 
 hour of each day shall be devoted to the opening exercises 
 (prescribed by the preceding 'Regulation), instruction in 
 morals, and Scripture History. The Holy SorLptures and 
 the authorized text-books shall be used for this purpose. 
 No denominational teaching shall be given in such schools. 
 
 Authorized Text-Books and Forms. 
 
 140. Each school board shall, during the year follow- 
 ing each quadrennial revision, select from the authorized 
 books a list of text-books for use in the municipality, nam- 
 ing one book, or one graded set of books, in each subject 
 of the course of study, and shall insist upon their use in 
 the schools of the municipality to the exclusion of all 
 others. A copy of this list shall be placed in each school 
 of the municipality, and a copy shall be sent to the Eng- 
 lir> Secpetaiy of the Department of Public Instruction. 
 (a. additional series of reading books may be selected for 
 supplementary reading.) 
 
SCHOOL COMMISSIONERS AND TRUSTEES. 
 
 3» 
 
 141. Schools boards shall provide and use the authorized 
 forms of teachers' engagements, account-'books, school 
 journal and school visitors' register in their municipalities. 
 
 Secretary-treasurers* expenses, as provided by 2U2, R. 8. Q„ 
 
 142. The secretary-treasurer shall be provided by th» 
 school commissioners or trustees ^ith a suitable minute- 
 book, account-books, and other stationery required for their 
 work. 
 
 143. The school commissioners and trustees shall, if 
 possible, hold their meetings in the most central school oC 
 the municipality, and if they hold their meetings at any 
 other place, they «hali not pay rent therefor without the 
 permission of the Superintendent. 
 
 144. When a secretary.treasurer travels upon business 
 of the school corporation he shall be paid his just tiavelnns 
 expenses; but any indemnity which may have been ac 
 corded him by a court of justice or by any legislative or 
 municipal body for the same journey shall be deducted from 
 his expenses. 
 
 145. A secretary-treasurer shall only be considered to 
 ti'avel upon ibusiness of tihe corporation when he is specially 
 authorized to do so (by a resolution adopted at a regular 
 meeting of the sciiool corporation stating the object of tho 
 journey, or, if there is not time for a meeting, upon an 
 order signed by ihe chairman, or, in his absence, by two 
 members of the school corporation. 
 
 146. In the cities, towns and municipalities, <Sf which 
 the population amounted at the taking of the last census; 
 to more than three thousand souls, or of which the extent 
 is more than nine miles in length, there shall be allowed! 
 a certain sum for taking the census of the children, upoa 
 a requisition to that effect addressed by the commissioners 
 or trustees to the Superintendent and approved by the> 
 school Inspector. 
 
 147. Every sum allowed to the secretary-treasurer, or 
 otherwise paia out in accordance with the preceding regu- 
 lations, shall be paid out of the funds of the school muni- 
 cipality, and shall be accounted for in the ordinary manner. 
 
 Poor Municipalities. 
 
 148. Those school municipalities only, whose annual 
 share of the government grant is less than two hundred 
 
li 
 
 
 40 REGULATIONS OF THE PROTESTANT COMMI^ ;£?«. 
 
 dollars, are ellglible for a grant from the Poor Muniolpauiiea 
 Fund. 
 
 149. Municipalitiee, desiring to obtain a grant from the 
 Poor Municipalities Fund, must make application to that 
 effect to the Superintendent on or before the Ist September 
 each year. 
 
 160. This application must be accompanied by a certifi- 
 cate from the school inspector stating (1) that tihe school 
 law and regulations have been faithfully carried out in the 
 municipality; (2) that the teachers are competent; (3) that 
 there are no arrears due by solvent peivions; (4) that the 
 municipality is poor and cannot contribute more than it 
 does for sdhool purposes. 
 
 151. School munioipaJlities that have failed to comply 
 with the instructions of the Superintendent shall receive no 
 share of the Poor Municipalities Fund. 
 
 VI. i 
 
 CONCERNING TEACHERS. 
 
 f 
 
 * 
 
 152. When two or more teachers are employed inask^hool 
 one shall be the head teacher. The head teacher shall be 
 responsible for the organization, classiflcation, and dis- 
 cipline of the whole school, and shall prescribe (with the 
 concurrence of the school board), the duties of the assist- 
 ant-teachers. 
 
 153. Teachers shall not absent themselves from school 
 nor close their schools on regular school days without per- 
 mission from the school board or the chairman thereof, 
 unless in case of sickness or other unavoidable cause, in 
 which case the absence shall be immediately reported to the 
 echool board. 
 
 154. It is the duty of a teacher in a public school: 
 
 1. To see that the schoolhouse is ready for the recep- 
 tion of the pupils at least fifteen minutes before the time 
 prescribed for opening the school in the morning, and five 
 minutes before the time for opening in the afternoon; 
 
 2. To give vigilant attention to the ventilation and tem- 
 perature of the school rooms, and to determine the tem- 
 perature by a thermometer. At each recess the windows 
 and doors shall be opened for the purpose of changing the 
 atmosphere of the room; 
 
 3. To give strict attention to the proper cleanliness of 
 
 N 
 
CONCBRNINO TEACHERS. 
 
 41 
 
 tem- 
 
 tem- 
 
 ndows 
 
 the 
 
 less of 
 
 the schoolhouse and outbuild in«8, to make and enforce sucli 
 rules as will ensure the keeping of the school grounds and 
 outbuildings in a neat and cleanly condition, and to In- 
 spect these at least once each day; 
 
 4. To see that no damage is done to the furniture, 
 fences, outbuildings, or other school property, and to give 
 notice in writing to the school board of any such damage 
 and also of any necessary repairs; 
 
 6. To see that the schoolhouse and outbuildings are locked 
 fit all proper times, and when not locked to see that they 
 are under the charge of a teacher, or of a monitor for 
 whose faithfulness the teacher shall be responsible (or of 
 a caretaker after school hours; 
 
 6. To classify the pupils strictly according to the author- 
 ized course of study. 
 
 7. To require each pupil to do thoroughly the work 
 pi'escrlbed for one grade before promoting him to the next 
 higher grade. Pupils who have fallen behind in the work 
 of their grade shall be placed in the next lower grade; 
 
 8. To prepare and keep in a conspicuous place in the 
 school room, for the guidance of teacher and pupils, a time- 
 table showing the order of exercises for each class for 
 each day in the week, and the time devoted to each ex- 
 ercise per day. 
 
 9. Not to require nor permit any pupil to use as a school 
 text-book any book not Included In the list of text-books 
 prescribed for the use of pupils In the municipality; 
 
 10. To open the school each morning with reading a por- 
 tion of the Holy Scriptures, followed by the Lord's Prayer; 
 
 11. To furnish the pupils with constant employment dur- 
 ing school hours, and to endeavor by judicious and diver- 
 sified methods to render the exercises of the school pleasant 
 
 as well as profitable; 
 
 12. To make special preparation beforehand for each day's 
 work with the several classes; 
 
 13. To teach diligently and faithfully all the subjects of 
 the authorized course of study; 
 
 14. "\) explain each new lesson assigned, pointing out 
 the difficult part, that every pupil may know what he xS 
 expected to do for the next recitation, and how it is to be 
 ■done; 
 
 16. To give his undivided attention to the school work, 
 and not to engage in any private business or work on the 
 school premises during school hours; 
 ' 16. To use such methods to secure discipline as may be 
 
42 REGULATIONS OP THE PROTESTANT COMMITTEE. 
 
 adopted by a kind, firm and judicious parent in his family, 
 avoiding corpoial punishment, except when it shall appear 
 to be Imperatively necessary, and then a record of the 
 offence and the punishment shall be made in the school 
 journal. Aii degrading and unusual punishments shall bo 
 avoided. Teachers are specially warned not to inflict any 
 blow with the hand or otherwise upon the head of a pupil; 
 
 17. To read to the pupils, from time to time', the school 
 regulations that apply to them, that thpv may have a clear 
 understanding of the rules by which they are governed; 
 
 18. To preserve a careful oversight of the conduct and 
 habits of the pupils during school hours; 
 
 19. To keep, in the prescribed form, a journal of the daily 
 attendance, and to enquire into causes of tardiness and 
 absence; 
 
 20. To keep the visitors* register, and to allow visitors 
 free access to the same; 
 
 21. To make up all returns required by the superintend 
 dent, the iniipector and the school board, as far as the in. 
 formation required can be supplied; 
 
 2i2. To carry out the suggestions of the insi»ector to the 
 best of his ability; 
 
 23. To preserve for reference the educational journal and 
 other works, etc., furnished to the school, and on retiring 
 from the school to leave them in order for his successor; 
 
 24. To endeavor to improve his professional status by 
 attending the teachers' meetings held in the county, and,, 
 if possible, the annual Teachers' Institute, and by profes- 
 sional reading. 
 
 Til. 
 
 
 CONCi-KNING PUPILS. 
 
 155. It is the duty of every pupil to attend school punc- 
 tually and regularly, to follow the authorized course of 
 study, to conform to the regulations of the school, to obey 
 promptly all the directions of the teacher, to be diligent 
 in study, respectful to teachers, kind and obliging to school- 
 mates, clean and neat in habits, person and clothing, and 
 to refrain entirely from the use of profane and vulgar lan- 
 guage. 
 
 156. No pupil who is affeicted with, or exposed to, any 
 contagious disease shall be permitted to attend school until 
 he produces medical or other satisfactory evidence that all 
 danger from his mingling with the other pupils, or from 
 his exposure to the disease, has passed aiway. 
 
CONCERNING PUPILS. 
 
 4a 
 
 157. Pupils are required to procure the text-books and 
 other school i^equisites indicated by the course of study 
 for the class to which they belong. 
 
 158. The school board may provide and lend to indigent 
 pupils, with due precaution for their proper preservation^ 
 text-books and other school requisites. 
 
 150. In all cases of absence pupils are required' to fur- 
 nish from their parents or guardians on returning to school 
 sufficient reasons for such absence. 
 
 160. No pupil shall be^permitted to leave at any time 
 before the regular hour for closing his class, except in case 
 of sickness or on a written or personal request of his 
 parent or guardian. 
 
 161. Each pupil is required to be present at each in* 
 spection and examination of his school or depaitment, or 
 to present a satisfactory excuse for absence. 
 
 162. E3ach pupil shall have a particular desk, and shall 
 keep the game and the floor beneath it in a neat and order* 
 ly condition. 
 
 163. Pupils of one district shall not attend the school 
 of another district unless by special permission of tha 
 school board. 
 
 164. When the school board establishes more than one 
 department or school in a district, all the pupils shall be 
 classified according to their attainments and shall attend 
 such department therein as they shall be found qualified 
 for, as determined by proper examination. 
 
 165. Pupils shall be responsible to the teacher fof their 
 conduct on the school premises, and also when going to, or 
 returning from, school, unless they are accompanied by 
 their parents or guardians. 
 
 166. Any school property or furniture, injured or des- 
 troyed by a pupil, must be made good forthwith by the 
 parent or guardian. 
 
 167. When the ordinary discipline of the school fails 
 to secure becoming conduct in a pupil, the teacher shall 
 liOtify the parents of the fact. If no improvement takes 
 plaice, the teacher may then suspend him from the school 
 for a period not exceeding five school days. If the suspen- 
 sion be for refusal to do some definite act that may right- 
 fully be demanded, it may be extended until the offender 
 returns and does that which he had refused to do. 
 
 
44 REGULATIONS OP THE PROTESTANT COMMITTEE. 
 
 168. Wihenever any teacher euspends a pupil, he shall 
 at once notify the parents or guardians in writing, stating 
 the length of time for which the pupil is suspended and 
 tne reason£ for such suspension. ^ 
 
 169. When it becomes evident that the conduct of a 
 pupil is such as to endanger the morals of his companions, 
 or the authority of the teacher o-nd the ordinary modes of 
 discipline fail to secure amendment, the head teacher may 
 report the pupil to the school board for expulsion, and may 
 suspend the pupil pending the decision of the school board. 
 
 170. Any pupil expelled from school by the school board 
 shall not be re-admitted to any school in the municipality 
 without the written consent of the school board; but any 
 pupil expelled from school who shall express to the teacher 
 his xegret for his conduct as openly and explicitly as the 
 case may require, may, with the approval of the teacher 
 and the school board, be re-admitted to the school. 
 
 VIII. 1 
 
 CONCERNING APPEALS TO THE PROTESTANT 
 COMMITTEE FROM THE DECISIONS OF 
 THE SUPERINTENDENT. 
 
 171. Any person who desires to appeal to the Protestant 
 •Committee from the decision of the Superintendent shall 
 do so by petition and in conformity with the following 
 provisions : 
 
 1. The petition addressed co the Protestant Committee of 
 the Council of Public Instruction shall be forwarded to 
 the secretary of the committee by registered letter or it 
 shall be served on him by a bailiff; 
 
 2. This petition shall state the grounds or reasons oi 
 the appeal, and no others will be taken into consideration 
 by the committee; 
 
 3. The persons interested shall appear before the com- 
 mittee or a sub-committee, personally (or by their attorney 
 if they desire), otherwise the committee will pi-oceed against 
 them by default; 
 
 4. The superintendent shall submit to the committee 
 all the documents in his possession relative to said appeal, 
 and no other document concerning matters or facts which 
 may have happened since the judgment which is appealed 
 against, was rendered, shall be produced before the com- 
 mittee; 
 
I 
 
 CONCERNING TEXT-BOOKS. 
 
 4f^ 
 
 5. The Superintendent, If he deaires to do so, shall glva 
 to the committee explanation concerning the question or 
 questions which form the subject of the appeal, in the 
 presence of the persons interested; 
 
 6. The appeal shall be made within fifteen days from the 
 day in which the judgment of the Superintendent is com- 
 municated or transmitted to the representatives of both 
 appellants and respondents; 
 
 7. No petiiion in appeal will be received by the com- 
 mittee unless accompanied with a deposit of four dollars 
 to pay for copying documents required for the appeal. 
 
 IX. 
 
 ill I 
 
 CONCERNING TEXT-BOOKS SUBMITTED FOR 
 AUTHORIZATION. 
 
 172. Persons desiring to submit a text-book to the Pro- 
 testant Committee for authorization shall forward one dozen 
 copies of the book to the Superintendent for examination, 
 stating the retail price and the price per dozen. 
 
 2. Before final authorization of any book the publisher 
 must legally bind himself to supply said book. In harmony 
 witb price and quality of samples submitted, as may be 
 needed for schools under the jurlGdlctlon of tkfc Pi'otestant 
 Committee, for a term of at leasl five years. 
 
 173. A sample copy of every edition of every book 
 authorized by the Protestant Committee sihall be deposited 
 in the Department of Public Instruction by the publisher, 
 and no edition of any book '^h<^\ be considered as approved 
 without a certificate to that effect from the Superintendent 
 of Public Instruction, whi<ih certificate may be withdrawn 
 at any time at the request of the committee. 
 
 174. Every autborized book shall bear the imprint of 
 the publisher, and shall show upon the cover or title page 
 the authorized retail price, and no part of the book shal! 
 be used for advertising purposes, without the written con- 
 sent of the Superintendent of Public Instruction. 
 
 175. No alterations In contents, typography, binding, 
 paper, or any other material respects, sihali In any ease be 
 made without the approval of the Protestant Committee. 
 
 176. Any bookd recommended as aids to teachers, for 
 private reference or study, shall not be used as text-booka 
 by the pupils. 
 
If:!! 
 
 M 
 
 46 REGULATIONS OF THE PROTESTANT GOMMITTEB. 
 
 FOBM No. 1. 
 
 Form of Certificate of Moral Character, 
 
 "This Is to certify that I, the undersigned, have por- 
 fionally known and had opportunity of o)>se>rying 
 
 • • 
 
 for the ..last past; that 
 
 during all such time his life and conduct have been without 
 reproach; and I affirm that I believe him to be an upright, 
 conscientious and strictly soiber man." 
 
 (This certificate must he signed hy the Minister of the con^ 
 greyation to which the candidate belongs and by two school 
 commissioners or trustees or school visitors.) 
 
 Form No. 2. i 
 
 Canada. Protestant Committee of the Council 
 
 Province of Quebec. of Public Instruction. 
 
 We hereby certify that a native of 
 
 aged re':;iding at . . 
 
 and professing the Protestant faith, has produced the re- 
 quisite certificates, pas^d the examinations, and fulfilled 
 the conditions prescribed by the School Law and Regula- 
 tions for Candidates for the position of Inspector of Pro- 
 testant Schools to the satisfaction of the Protestant Com- 
 mittee. 
 
 We further certify that a.. class certificate has 
 
 ■been granted to him and that he is, therefore, eligible for 
 appointment as Inspector of Protestant Schools in the 
 Province of Quebec. 
 
 In witness whereof, by order of the Protestant Com- 
 mittee of the Council of Public Instruction, we have here- 
 unto aifixed our hands the. . . .day of . . . .in the year 18. . . . 
 
 Chairman. 
 
 Secretary. 
 
 Form No. 3. 
 To the Secretary, 
 
 Protestant Central Board of ESxaminers, Quebec. 
 Sir, 
 
 I, (name in full) . . .. .. .... residing at 
 
 (Po«* 0/?lce) county of pnjfessing the 
 
 Faith, have the honor to iuform you that 
 
CB. 
 
 CONCERNING TEXT-BOOKS. 
 
 47 
 
 per- 
 
 tliat 
 thout 
 right, 
 
 J con" 
 school 
 
 ouncil 
 
 ;lve of 
 
 to . • • • 
 
 he re- 
 ilfllled 
 egula- 
 t Pro- 
 C5om- 
 
 te has 
 )le lor 
 n the 
 
 Com- 
 here- 
 
 Xo . • • • 
 
 nan. 
 tary. 
 
 ling at 
 ng the 
 m that 
 
 I Intend to present myself at for the 
 
 examination for diploma in July next, 
 
 I enclose herewith:— 
 
 1. A certificate that I was bom at ..county of 
 
 , on the day of the montu 
 
 oi 18.. .. 
 
 2. A certiflcate of moral character according to tha 
 authorized form. 
 
 3. The sum of. . 
 
 • • • • . . 
 
 dollars for examination fees. 
 
 i8ignature in full,) 
 
 FoBM No. 4. 
 
 Municipality of 
 
 Canada. 
 Province of Quebec. 
 Cn the day of the month in the year 
 
 18 , it is mutually, agreed and stipulated between the 
 school of the municipality of 
 
 in the county of , represented by 
 
 their chairman under a resolution of the said 
 passed on the day of 18 , and 
 
 teacher holding a diploma for the Province of 
 
 Quebec and residing at as follows: — 
 
 ^he said teacher hereby makes an engagement with the 
 said school for term of year from the 
 
 day of 18 , to the day of 
 
 18 (unless the diploma of the said teacher be with- 
 drawn, or any other legal impediment arise) to teach the 
 
 school in district No. , according 
 
 to the school law and regulations, every day during said 
 term exicept on holidays prescribed by the regulations 
 for Protestant Schools. 
 
 The aaid agree to pay to the said teacher the 
 
 sum of for the said school year, payable 
 
 In current money and not otherwise, and 
 neither the secretary-treasurer nor any person shall alter 
 this method of payment. 
 
 Done at the day and date first above men- 
 
 tioned, and the parties have signed after hearing the same 
 read- 
 
 Chairman of the School » 
 
 Teacher 
 
I 
 
 
 m 
 
 48 BEOULATIONS OF THB PB0TB3STANT COSiMITTB^^* 
 
 FORM (6). 
 
 This is to certify tliat who holds a 
 
 diploma from the McGill Normal School, dated 
 
 has taught in the 3chof>l at in the County of 
 
 , during tihe Months of July August,.... » 
 
 September...., October...., November December.... » 
 
 January. . . ., February. . . ., March , April May. . . ., 
 
 and June...., of the scholastic year.. , and has 
 
 been assiduous in duty , 
 
 be43:n punctual in attendance , 
 
 bee - observant of regulations , 
 
 gr;\ o ned her pupils well i , 
 
 seciii d good progress in study 
 
 been wlite and tactful in intercourse with parents, commis- 
 
 Fiioners and the inspector , 
 
 at i 1 ?intalned a character above reproach , 
 
 Sifa^ed. 
 
 Chairman or Secretary-Treasurer School 
 
 Commissioners of 
 
 School Inspector.' 
 
 N.6. — ^Let each person signing this certificate insert his 
 initials after each month for which he gives it, and after 
 each clause which he approves. 
 
 i|ii 
 
 i 
 
INDEX TO REGULATIONS 
 
 OF THB 
 
 PROTESTANT COMMITTEE 
 
 ARTIOLid 
 
 Academy Diplomas 18, 20 
 
 Academies, essentials of, before recognition as such 36 
 
 Annual Beports of Inspectors 6, 13 
 
 Appeals to Protestant Committee from Decisions of iSuper- 
 
 intendent.. 171. 
 
 Apparatus and school furniture 116, 126 
 
 Arts, graduates in, may obtain diplomas • 22 
 
 Board of Examiners to examine Inspectors— How 
 
 composed and appointed .•• ...* i 
 
 Expenses paid 2 
 
 Duties of ••• 3 
 
 (See Protestant Central Board of Examiners.) 
 
 Boards (School Boards) 98, 103 
 
 Boarding Houses 62 
 
 Rules for students in Normal Schools 62 
 
 Bursaries to Teachers in training 64, 66 
 
 Books — Text books authorized 140 
 
 Prize bookfl 10, 16 
 
 Course ot Study for different schools 
 
 Candidates for admission to Normal Schools. 
 
 " for inspectorships... ...4, 6 
 
 Classification of School «. .... 71 
 
 Diplomas of four grades 18 
 
 Persons eligible for examination 20 
 
 Holders of extra- provincial diplomas ......•• 23 
 
 Elementary, Model School, Kindergarten and Academy, 18 
 
 Grant«^v by Ctnaral Board alone 17 
 
 £«>' 
 
50 
 
 INDBX TO BBOULATION8. 
 
 ABTI0LB8 
 
 Deputy-Examiaers 30,31, 97 
 
 Discipline 167 
 
 Elementary Diplomas ..18, 20 
 
 caminations for inspectors of schools 7 
 
 Pupils to be examined by inspectors • 9 
 
 For elementary diplomas 21 
 
 For Kindergarten and Model School 21 
 
 For Academy diplomas 22 
 
 Who are eligible for 20 
 
 Failure to pass, through illness 24 
 
 Of persons not trained in Normal School • • 26 
 
 General Rules Jor 30, 31 
 
 Deputy Examiner, his duties .30, 67 
 
 Annual written examinations 84 
 
 Papers for annual examinations 86, 91, 92, 93 
 
 Maximum marks for 92 
 
 Bxpenses of Secretary- Treasurers 142, 147 
 
 Of examiners.... 2 
 
 Fees in Normal Schools 63 
 
 Forms pp. 46, 47 
 
 Graduates in Arts 22 
 
 Holidays for schools 129 
 
 Inspection of Academies and Model Schools ^ . . 82 
 
 Inspector of Schools— Formalities to be observed by 
 
 Candidates for 5 
 
 Deposit of $6 to be required 6 
 
 Scope of examination for candidates for 7 
 
 Duties of 9 
 
 Reports by ... , 9, 12 
 
 Kindergarten.— Diplomas for 18 
 
 Course required for 20 
 
 MoQill Normal and Model Schools 32, 70 
 
 How directed 33 
 
 Professors of 35 
 
 Annual sessions 37 
 
 Course of study , 38 
 
• 
 
 9 
 
 • 
 
 21 
 
 • 
 
 21 
 
 • 
 
 22 
 
 • 
 
 20 
 
 
 24 
 
 • 
 
 26 
 
 0, 
 
 31 
 
 0, 
 
 67 
 
 1 • 
 
 84 
 
 2, 
 
 93 
 
 t • 
 
 92 
 
 2, 
 
 147 
 
 tf • 
 
 2 
 
 • • 
 
 63 
 
 6, 
 
 47 
 
 • • 
 
 22 
 
 • • 
 
 129 
 
 • • 
 
 82 
 
 5y 
 
 
 • • 
 
 5 
 
 > • 
 
 6 
 
 • • 
 
 7 
 
 • • 
 
 9 
 
 9, 
 
 12 
 
 • • 
 
 18 
 
 • • 
 
 20 
 
 2, 
 
 70 
 
 • • 
 
 33 
 
 • • 
 
 35 
 
 • » 
 
 37 
 
 • • 
 
 38 
 
 INDBX TO B9QULATION9. Oil 
 
 ABTIOLBt 
 
 Mode Of admission to 39, 62 
 
 Conditions of continuance io 63, 60 
 
 Religious instruction 61 
 
 Boarding houses 62 
 
 Fees 63 
 
 Bursaries 64, 6 
 
 Travelling expenses 66, 70 
 
 Staff of 36 
 
 Model School Diplomas 18, 20 
 
 Poor Municipalities 148, 161 
 
 Principal of McQill Nnrmal School. 
 
 Ex-ofBcio member of Board of Examiners 1 
 
 Draws up course of study 38 
 
 Priae Books. 
 
 How distributed 10 
 
 Awarded for general proficiency 11 
 
 How awarded • 12 
 
 Label to be signed by inspector. 14 
 
 Divided into two classes 16 
 
 Protestant Central Board of Examiners 17, 29 
 
 Have sole power to grant diplomas 17 
 
 Pupi:s 166 
 
 Duties and rights of 166, 170 
 
 Religious Instruction 61,73(4), 137, 139 
 
 Bules for Examination .30, 31 
 
 Schools— How classified 71, 73 
 
 Academies and Model Schools 74, 81 
 
 Inspectiou of 6, 9, 82 
 
 Written Examination of 84, 97 
 
 Schools Grounds 98, 103 
 
 Schoolbouses 104, 116 
 
 Furniture 116, 126 
 
 School year 126, 129 
 
 School hours 130 
 
 School Commissioners and Trustees. 
 
 Duties of 98, 103 
 
^Ti 
 
 % 
 
 12 INDBZ TO BBOXJLATION8, 
 
 Sohc i Inspectors i> 8 
 
 Dutiesof • 
 
 Superintendent of Public Instruction. 
 
 Appeals from his Dficisiona 1^1 
 
 Teachers 1^2 
 
 EDgagement of ^31, 136 
 
 Dutiesof 164 
 
 Teachers in Training 24,25,27,68, 9 
 
 Fees payable by 63 
 
 Boarding houses ^2 
 
 Religious Instruction 61 
 
 B irsaries 64, 6 
 
 Travelling Expensed 66, 70 
 
 Engagement as Teachers 131 
 
 Text-Books 140, 172 
 
 Travelling Expenses 66, 70 
 
 Trustees, duties of , -08, 103